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Old 28.07.2021, 19:32
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Vaccination required for office entry?

Hi everyone,

My employer is considering mandatory Coronavirus vaccination for office entry. Is this legal in Switzerland though? I hear that in Switzerland it's illegal to ask for health data like vaccine status for office entry.
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Old 28.07.2021, 19:48
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Re: Vaccination required for office entry?

Google I presume? I believe this is illegal unless it impacts on the ability to perform ones function, however I'm sure someone on the forum more legally minded than I will be able clarify soon enough.

It will be interesting to see this testing in court, because the "only" feasible way they could insist you are vaccinated is in order to protect other employees, however there is now mounting evidence that none of the vaccines can ensure this.

EDIT: Some more information given here, looks very much like a grey area and there are workarounds available to the employers.

COVID-19 vaccination of employees
What Swiss employers can demand and what not!

https://home.kpmg/ch/en/blogs/home/p...mployees-.html
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Old 28.07.2021, 20:30
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Re: Vaccination required for office entry?

Your employer can’t demand you be vaccinated, but to protect your colleagues they can demand everyone be vaccinated to enter the property.
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Old 28.07.2021, 20:32
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Re: Vaccination required for office entry?

And letting people go is easy.
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Old 28.07.2021, 20:43
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Re: Vaccination required for office entry?

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EDIT: Some more information given here, looks very much like a grey area and there are workarounds available to the employers.

COVID-19 vaccination of employees
What Swiss employers can demand and what not!

https://home.kpmg/ch/en/blogs/home/p...mployees-.html
The KPMG article is really good but it does not cover the health privacy regulations. Can employers ask for health information?

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Your employer can’t demand you be vaccinated, but to protect your colleagues they can demand everyone be vaccinated to enter the property.
That's somewhat confusing. What if the employer requires you to go to the office AND demands a certificate?
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Old 28.07.2021, 20:54
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Re: Vaccination required for office entry?

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Your employer can’t demand you be vaccinated, but to protect your colleagues they can demand everyone be vaccinated to enter the property.
Source?

I can find only this on the Seco site
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Kann der Arbeitgeber verlangen, dass sich seine Mitarbeitenden impfen lassen?

Dies ist nur möglich, wenn eine konkrete verhältnismässig hohe Gefährdung vorliegt, die sich im Fall einer Nichtimpfung trotz ergriffener sonstiger Schutzmassnahmen für die Mitarbeitenden selber oder Dritte (z. B. Patienten, Klienten, Arbeitskollegen) ergibt. Zudem kann sich die Situation je nach Arbeitsverhältnis (privatrechtlich oder öffentlich-rechtlich) unterscheiden. Es muss für jeden Einzelfall eine entsprechende Güterabwägung stattfinden. Eine generelle Impfpflicht für die ganze Belegschaft eines Betriebes ist nicht zulässig.
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Können die Schutzmassnahmen am Arbeitsplatz reduziert werden, wenn sich die Mitarbeitenden impfen lasssen?

Ja. Der Arbeitgeber ist für die Auswahl von geeigneten Schutzmassnahmen verantwortlich. Die Schutzmassnahmen können abhängig vom Impfstatus angepasst werden. Allerdings darf daraus kein Druck auf nichtgeimpfte Mitarbeitende entstehen.
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Müssen die Mitarbeitenden ihrem Arbeitgeber den Impfstatus gegen Covid-19 mitteilen?

Ja, aber nur falls der Arbeitgeber aufgrund der konkreten Situation die Impfung verlangenkönnte (vgl. oben).
https://www.seco.admin.ch/seco/de/ho...tml#1146396961
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Old 28.07.2021, 21:06
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Re: Vaccination required for office entry?

Source?
The kpmg article referred to by TC.
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Old 28.07.2021, 21:19
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Re: Vaccination required for office entry?

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Google I presume?
I've heard that Google announced today that they would be requiring vaccination in the countries where it's allowed by law.
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Old 28.07.2021, 21:30
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Re: Vaccination required for office entry?

In my office you have to wear a mask or be tested once per week without a vaccination. I have some colleagues on immunosuppressants, so it is only fair.
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Old 28.07.2021, 21:37
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Re: Vaccination required for office entry?

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Hi everyone,

My employer is considering mandatory Coronavirus vaccination for office entry. Is this legal in Switzerland though? I hear that in Switzerland it's illegal to ask for health data like vaccine status for office entry.
Vaccinated, recently tested or certificate of having contracted the disease - then I'd guess yes. That's legal.

Just vaccinated? Nah.
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Old 28.07.2021, 21:40
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Re: Vaccination required for office entry?

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Vaccinated, recently tested or certificate of having contracted the disease - then I'd guess yes. That's legal.

Just vaccinated? Nah.
No it isn't - as quoted below, only in specific high-risk cases (e.g. care homes, hospitals). Basically, unless there is an overriding reason then asking for any form of health information is forbidden.
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Old 28.07.2021, 22:10
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Re: Vaccination required for office entry?

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No it isn't - as quoted below, only in specific high-risk cases (e.g. care homes, hospitals). Basically, unless there is an overriding reason then asking for any form of health information is forbidden.
It was a guess. Certainly seems reasonable . But then, I'm double vaxxed, so I would think that, wouldn't I.

Anyway, point is, require vaccination is definitely not legal. You've got to allow all three - + the medical reason not to be vaccinated of course. So, all four.
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Old 28.07.2021, 22:11
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Re: Vaccination required for office entry?

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No it isn't - as quoted below, only in specific high-risk cases (e.g. care homes, hospitals). Basically, unless there is an overriding reason then asking for any form of health information is forbidden.
And AFAIK not even the health workers situation has been tested yet in court. And there are plenty of health workers out there who are saying they won't be vaxxed until the court confirms it.

By the time this can has been kicked all the way down the road the pandemic will be over anyway.
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Old 28.07.2021, 22:12
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Re: Vaccination required for office entry?

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By the time this can has been kicked all the way down the road the pandemic will be over anyway.
But important to establish before next time.

Which will happen.
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Old 29.07.2021, 10:03
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Re: Vaccination required for office entry?

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Anyway, point is, require vaccination is definitely not legal. You've got to allow all three - + the medical reason not to be vaccinated of course. So, all four.
This is how it works in Italy. They require a certificate, not a vaccination, and the requirements for the certificate ("green pass") are the same as in CH.

Of course this does not provide legal basis for CH, just an example of what laws other countries are approving.
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Old 29.07.2021, 10:46
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Re: Vaccination required for office entry?

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Of course this does not provide legal basis for CH, just an example of what laws other countries are approving.
Well here parliament will pass a law, the UDC (et al) will get 100k signatures so we will have a referendum which will be rejected, then the UDC (et al) will get more signatures and we will have a popular initiative which will fail, both by individual voters and Cantons. Then the UDC will propose an amendment in Parliament which will fail, etc.

Here the majority (but not an overwhelming majority) of people favour looking after their neighbours and doing what is necessary to ensure that peoples health, and the economy is not affected by the continuation of an epidemic.

Companies shouldn’t have to take measures like this, but …
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Old 29.07.2021, 10:55
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Re: Vaccination required for office entry?

I know nothing about the law but by the very carefully worded email my employer has sent I imagine it is illegal for an employer to ask you to provide your vaccination status.

What they've said is essentially - we aren't going to check, but we ask that you don't come in unless / until you are fully vaccinated. Naturally this has been ignored by people I know haven't been vaccinated and is per se unenforceable.

Personally I don't really mind. This disease is going to be endemic, not eradicated.
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Old 29.07.2021, 12:08
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Re: Vaccination required for office entry?

This article might help some who ate worried about the matter...

https://www.wg-avocats.ch/en/news/da...lse-good-idea/

As for employers having a right to know your medical information, it largely depends on the industry you work in. We all voluntarily give medical information when we take sick leave, and employers have a right to ask for a doctor's note if the leave is extended.

The sticking point with vaccinations is that the employer has a duty of care to it's employees, so what some may see as a breach of privacy, they have to balance off against that duty. One case I knew was of a colleague who was diagnosed with shingles. He felt ready to return to work, but as there were 3 pregnant members of staff on his team, our boss requested an all clear letter from his doctor before he was allowed back into the office. This caused his 3 days sick leave to be extended to 2 weeks.
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Old 29.07.2021, 13:29
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Re: Vaccination required for office entry?

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This article might help some who ate worried about the matter...

https://www.wg-avocats.ch/en/news/da...lse-good-idea/

As for employers having a right to know your medical information, it largely depends on the industry you work in. We all voluntarily give medical information when we take sick leave, and employers have a right to ask for a doctor's note if the leave is extended.

The sticking point with vaccinations is that the employer has a duty of care to it's employees, so what some may see as a breach of privacy, they have to balance off against that duty. One case I knew was of a colleague who was diagnosed with shingles. He felt ready to return to work, but as there were 3 pregnant members of staff on his team, our boss requested an all clear letter from his doctor before he was allowed back into the office. This caused his 3 days sick leave to be extended to 2 weeks.
Yes but a doctor's note does not (have to) provide details of the condition. The only requirement is that it says to what degree the employee is limited in their ability to work, and for what time period.
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Old 29.07.2021, 19:27
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Re: Vaccination required for office entry?

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This article might help some who ate worried about the matter...

https://www.wg-avocats.ch/en/news/da...lse-good-idea/
That’s a good article. I might reach out to this law firm.

I find it hard to explain why IT companies would ask for mandatory return to office and mandatory vaccination if work from home could have been an option.
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