Weekly Newsletter produced by Manesco law office with articles and relevant information.
SEPTEMBER, 13 - 2021
nº 798
Refusal of vaccination may lead to dismissal for cause
(Foto: Unsplash)
Adalberto Pimentel Diniz de Souza
by Adalberto Pimentel Diniz de Souza
Luís Eduardo Guimarães Ferreira
by Luís Eduardo Guimarães Ferreira

In late July 2021, the Regional Labor Court of the 2nd Region (based in São Paulo), in an unprecedented trial, recognized that it was possible to dismiss an employee who refused to take the vaccine against COVID-19.

According to the understanding of the judges (Case No. 1000122-24.2021.5.02.0472), vaccination is recognized as one of the most effective measures to contain the pandemic, with the consequent reduction in new cases and deaths, in order to allow the quickest return of society to normal activities in person.

The decision rendered highlights the gravity and breadth of the pandemic, whose consequences are felt by the general population, and individual refusal of the vaccine, without legitimate justification, could never surpass the public interest. Since it is made available free of charge by the Government, the personal option not to undergo vaccination does not find any legal support and, furthermore, puts professionals working in the same company, as well as the community, at risk.

Proceeding of new law on antennas stalls in São Paulo city council
(Foto: Pixabay)


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