The Polish government is proposing a new law that will allow employers to ask staff to disclose their vaccination status. The disclosure, however, is to be voluntary and the measure will not prevent unvaccinated employees from entering the workplace.
On December 14, 2021 a draft law on special measures ensuring business continuity during the Covid-19 epidemic was submitted to the Polish parliament. The legislative process is currently underway.
Employers will have a legal basis to obtain information on an employees’ negative result of a SARS-CoV-2 test, information on recovery from the disease or on vaccination against Covid-19.
Up to now employers could not ask employees if they were vaccinated. The GDPR provisions on the processing of special category personal data which are strictly limited and may be carried out only on meeting special conditions are cited as an obstacle.
Under the new law, the employer will not be able to do anything if the employee refuses to disclose their vaccination status. Nor does the draft law provide for any sanctions, such as removal from work without pay or employment contract termination.
Employers will, however, be able to use the following measures:
- change the method of work performance;
- change the working time system or schedule;
- request that work is performed outside of the regular place of its performance (as specified in the employment contract), or assign different work to the employee against a salary corresponding to the work type but not lower than the previous salary.
The new measures will be accorded to employers exclusively during the state of an epidemic or of an epidemic threat.
The law will come into force on the next day after it is published.