The vice president of the Brazilian Association of Labor Magistrates (ABMT), Olga Fortes, said this Monday (1st), in an interview with CNN, that the ordinance published by the Ministry of Labor that prohibits companies from requiring proof of vaccination when hiring or maintaining a worker’s employment is fragile from a legal point of view and, therefore, may not be followed in practice.
“The ordinance is not a kind of norm that has this obligatory power. It is an administrative act, usually internal, and does not restrict rights or create obligations,” said Fortes.
“There would be no legal or common sense reason for this standard to be edited.”
“Discriminatory practice”
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 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 the dismissal for just cause motivated by the refusal, are also “segregationists”.
Minister Onyx Lorenzoni, responsible for the folder, also defended that vaccination is a personal decision. “The Bolsonaro government will continue to defend individual freedoms and the constitutional norms for the protection of work”, he said, through his social networks.
Reference: CNN Brasil
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