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Compulsory vaccination The employee of a funeral director refused to be vaccinated against hepatitis B, a vaccination prescribed by the occupational physician, but also provided for by a ministerial decree and by the collective agreement .
Compulsory vaccination and employment: Dismissal in case of refusal: –
When an employee refuses a vaccination imposed by his profession, dismissal can be considered legitimate in the absence of medical contraindication. The Court of Cassation, France’s highest court, has looked into cases in which employees refuse vaccinations required by their workplace, examining the legal implications of these refusals.
A notable case concerned an employee of a funeral director who refused to be vaccinated against hepatitis B, although vaccination was prescribed by the occupational physician and imposed by a ministerial decree and a collective agreement.
Judgment of the Court of Cassation on compulsory vaccination and refusal: –
The Court of Cassation upheld the decision of the trial judges, stressing that the company’s regulations required vaccination. In the absence of any medical contraindication that could justify the refusal, the employee cannot object to the vaccination prescribed by the occupational physician.
The court’s decision highlights the importance of complying with vaccination requirements set out by employers, particularly when supported by occupational health guidelines and legal provisions. In cases where an employee’s refusal is not motivated by a valid medical reason, termination may be justified.
This decision reflects the broader legal framework that balances the rights and responsibilities of employers and employees. Although employees have the right to make decisions regarding their health, this right is not absolute and must be balanced against the legitimate interests and obligations of the employer, particularly in sectors where vaccination is crucial for public health and occupational safety.
It should be noted that individual rights to refuse vaccination may exist in certain circumstances, such as medical contraindications or religious beliefs. However, when no valid medical reason is present, employers have the authority to impose mandatory vaccinations in order to fulfill their obligation to maintain a safe and healthy work environment.
In conclusion, the judgment of the Court of Cassation affirms that in the absence of medical contraindication, employees who refuse compulsory vaccinations prescribed by occupational physicians are exposed to legitimate dismissal. The decision highlights the importance of balancing individual rights with the employer’s responsibility to protect the health and safety of employees and the public.
