The ordinance published by the Ministry of Labor and Welfare last Monday (1) that prohibits the dismissal or non-hiring of employees who refuse to be vaccinated against Covid-19 contradicts different decisions and guidelines of the Labor Court, which give emphasis on the understanding that the health and safety of the community overlap with that of the individual. The Attorney General for Labor, José de Lima Ramos Pereira reiterated this understanding to the CNN.
“The worker’s health belongs to him, but it can affect other people. The public and collective interest prevails over the individual. In fact, this is the subject of vaccination. Nobody can force you to get vaccinated, but they can create situations that restrict your mobility in places, as the Supreme Court itself has already defined”, stated the attorney general for Labor.
Also according to Ramos Pereira, the ordinance did not change what the legislation provides, nor could it do so.
“The ordinance did not change what the legislation provides, nor could it, because it is an ordinance. It has an internal impact on the agency that issued it. What prevails today is the decision of the Supreme Court that vaccination is mandatory and people have to be vaccinated in order to do certain situations, otherwise it will be prevented”, said the prosecutor.
Reference: CNN Brasil
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