COVID-19: your employer cannot force you to have a vaccination

As vaccination is a private matter, it is by no means a professional obligation.

The appearance of the anti-COVID vaccine in Luxembourg has already raised many questions among employees. The government has decided not to impose vaccination on the entire population. What about private employers? Do they have the right to do so?

The answer is no. Vaccination is a medical act. It relates to everyone’s health and is a private matter. A hierarchy does not have to demand anything from its employees on this point. If it were to impose it, it would constitute an invasion of privacy. Moreover, its respect is enshrined in Article 8 of the European Convention on Human Rights and the Act of 11 August 1982 on the protection of privacy. If it is imposed and an employee refuses to be injected with the vaccine, he or she cannot be sanctioned or dismissed.

On the other hand, it is not forbidden for the employer to organise flu vaccination sessions on his premises. The employer must ensure the health and safety of his teams, as stipulated by labour legislation. Once again, everyone is free to accept or reject the vaccine.