The Ministry of Labor published an ordinance in an extra edition in the Official Gazette of the Union, this Monday (1), prohibiting companies to require proof of vaccination in the act of hiring or maintaining a worker’s job.
“The employer is prohibited, when hiring or maintaining the worker’s employment, to demand any discriminatory or obstructive documents for hiring, especially proof of vaccination, negative certificate of labor claim, test, examination, expertise, report, certificate or statement related to the sterilization or the state of pregnancy.”, says the ordinance.
The ordinance cites article 7 of the Federal Constitution, which prohibits any discriminatory practice in the act of hiring for reasons of “sex, origin, race, color, marital status, family status, disability, professional rehabilitation, age, among others”, considering that the request for a vaccination certificate, as well as dismissal for just cause motivated by the refusal, are also “segregationists”.
“It is considered a discriminatory practice to have a vaccination certificate mandatory in selective processes for hiring workers, as well as the dismissal for just cause of an employee due to non-presentation of a vaccination certificate”, he declares.
Minister Onyx Lorenzoni, responsible for the portfolio, defended, through his social networks, that vaccination is a personal decision. “There are methods such as testing, incentive campaigns, but discrimination cannot be accepted. The Bolsonaro government will continue to defend individual liberties and constitutional norms for the protection of work.”
“We have news of companies and also areas of the public sector that are firing people, or threatening dismissal or not hiring, for people who do not present a vaccination certificate against Covid. First, both the Brazilian constitution and the consolidation of labor laws do not make this requirement, on the contrary, there is free will, there is a decision that is intimate to each person”, says Onyx.
“This document has a single objective: to preserve the right to freedom and guarantees to work and access to work for millions and millions of Brazilians and Brazilians”, he concludes.
Threatening with dismissal, firing, or not hiring because of a vaccination certificate requirement is absurd. We publish an ordinance against this discriminatory practice. First, there is free will. pic.twitter.com/LsTCOR2WuX
— Onyx Lorenzoni 🇧🇷 (@onyxlorenzoni) November 1, 2021
City Hall of São Paulo dismisses employees who refused vaccination
The City of São Paulo, in a round to identify servers that were not vaccinated against Covid-19, identified three commissioned employees who refused to immunize against Covid-19. They were fired by decision of Mayor Ricardo Nunes (MDB). The dismissals were published in the Official Gazette of the municipality on Friday (29) and Saturday (30).
The decision to fire people is supported by a decree published this year, which made vaccination against Covid-19 mandatory for municipal civil servants and employees. This week, the presentation of the vaccine passport or official certificate proving the immunization became mandatory for any server to have access to the Matarazzo Building, the seat of the city hall.
Goal requires vaccination for all employees
The airline Gol will require all employees to be vaccinated against Covid-19 starting this Monday. According to the president of the company, Paulo Kakinoff, there will be an exception only for cases where, for example, the employee does not get vaccinated on a medical recommendation. It is the first major brand in the country to adopt the measure.
“It is the company’s right to assess how much this decision (not to be vaccinated) puts the safety of other people at risk. We will evaluate each case, but our willingness is for everyone (employees) to be immunized”, said the executive.
Reference: CNN Brasil
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