Failure to Present Certificate or Test Result May Lead to Dismissal: Bill Adopted

The National Assembly has adopted in the second reading a draft law presented by the government that allows employers to prohibit employees who do not present a certificate of vaccination against coronavirus or a PCR test result from being present at the workplace and performing their job duties. In cases of non-compliance, the employer has the right to terminate the employment contract.

The package of drafts received 60 votes in favor and 26 against during the voting session in the National Assembly. Under the stipulated conditions, if an employee fails to perform their job duties for more than 10 working days (shifts) consecutively, or more than 20 working days (shifts) in the last three months, the employer is entitled to terminate the employee's contract.

In the event of termination of the employment contract, the employer is obligated to notify the employee in writing no later than three days prior to the termination. Exceptions have also been established; these regulations do not apply to the positions of the President of the Republic, members of the National Assembly, Prime Minister, community leaders and members of community councils, the Human Rights Defender, judges of the Constitutional Court, members of independent state bodies, members of autonomous bodies, members of the State Council on Statistics, judges of the Court of Cassation, appellate, and first instance courts, and the Prosecutor General. These positions are either elective or elected under the Constitution and do not have superiors.