Manufacturers' Association legal opinion: Employer is allowed to force an employee to be vaccinated

The Manufacturers' Association issued a legal opinion on Monday evening to all employers affiliated with it, according to which the employer is allowed to force an employee to be vaccinated or tested on a daily basis, and even to expel an employee to the Knesset if he chooses not to do so. 'Specializing in labor law, may apply to about 400 thousand workers directly employed by industrialists from the association.
"We are in an exceptional and extreme situation, a 'land not sown' that labor law has not required in the past, which requires employers to act under certain conditions of legal uncertainty in order to maintain their work routine in a beneficial manner," the opinion said. "At this stage, the legislature has not yet addressed issues concerning vaccinated workers, including the issue of information gathering, the issue of restrictions on those who have not been vaccinated and the issue of benefits for vaccinators and so on, and it is not known if and how the legislature will address these issues later.
On the question of whether it is possible to condition an employee's entry into the employer's premises with a vaccine certificate or an up-to-date corona check, the opinion answered - "Yes. Out of the employer's duty to maintain the safety and health of his employees in the workplace, the employer Current negative.

"When we have an employee who refuses to be vaccinated or checked frequently and can be employed at work or in a secluded place in the factory (without actually harming the normal course of work), then this solution should be preferred. Only when these options are not applicable Or customers, it will be possible to remove him from the workplace, take him on vacation or agree with him on unpaid leave (Khalat).
"Only if such an employee refuses to go on leave or leave, and there is no other reasonable solution that can be adopted and which will allow him to continue working, can a dismissal procedure be initiated, all subject to the procedures set forth in collective agreements as long as such agreements apply in the workplace."
In addition, the opinion states that it is possible to determine different arrangements at work for recovering and vaccinated workers compared to non-vaccinated workers, such as taking part in frontal meetings, traveling in organized transportation, work from the workplace and the like. It is also written that an employee can be asked whether he has been vaccinated or intends to be vaccinated, and if he refuses to answer the advice is to see the employee as an employee who answered this question in the negative.
And what about workers who belong to populations that cannot be vaccinated due to health circumstances? "With regard to vaccine engines, we believe that the burden on the employer to find a solution that will still allow the employee to continue working, such as an exchange role or make wider adjustments in the existing position so that the employee can perform it from home - is heavier and broader. Get vaccinated even though medically can. " However, the opinion presents the possibility of initiating dismissal proceedings in front of such an employee as well.