Atalho

News

Desk

COVID-19: Govern enacts Ordinance stating that vaccine mandates by employers are discriminatory

03/11/2021

On November 1, 2021, the Ministry of Labor and Social Security issued an Ordinance (MTP No. 620/2021) disciplining the limits for employers to require proof of vaccination from their employees, as well as from job applicants.
 
According to the Ordinance, companies cannot demand proof of vaccination as a requirement to maintain the employment relationship. Termination for cause based on the refusal to provide proof of vaccination will be considered as discriminatory (which guarantees the employee the right to compensation or reinstatement into employment).
 
In addition, proof of vaccination cannot be a requirement for candidates to participate in selection processes, so its requirement will also be interpreted as a discriminatory practice.
 
The Ordinance also considers as discriminatory the request for clearance of labor claim filed by the candidate and documents related to pregnancy status.
 
There is no mention to whether companies may request proof of vaccination for the purpose of implementing alternative work arrangements, such as teleworking or remote work.
 
The Ordinance is in the opposite direction of positions already taken by certain Labor Courts and the Labor District Attorney, in the sense that, under certain circumstances, it is generally lawful for companies to request proof of vaccination (especially against COVID-19).
 
This new directive on vaccines trigger impacts from an Employment and Data Privacy perspectives, since vaccine data is subject to the Brazilian Data Privacy Law (“LGPD”).
 
Our Employment and Data Privacy teams are available to discuss the impacts of this Ordinance on the practices implemented by your company.

Share on Social Media
Trench Rossi Watanabe
São Paulo
Rua Arq. Olavo Redig de Campos, 105
31º andar - Edifício EZ Towers
Torre A | O4711-904
São Paulo - SP - Brasil

Rio de Janeiro
Rua Lauro Muller, 116 - Conj. 2802
Ed. Rio Sul Center | 22290-906
Rio de Janeiro - RJ - Brasil

Brasília
Saf/s Quadra 02 - Lote 04 - Sala 203
Ed. Comercial Via Esplanada | 70070-600
Brasília - Distrito Federal - Brasil

Porto alegre
Av. Soledade, 550
Cj. 403 e 404 | 90470-340
Porto Alegre - RS - Brasil

press
JeffreyGroup
Nara Neri 55 11 3185.0800 | Ext.832

Ícone do Instagram
Ícone do Facebook
Ícone do YouTube
Ícone do Linkedin