Can an employer in Costa Rica fire an employee for not getting vaccinated against COVID-19?

    A doubt that has arisen due to the new social circumstances

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    One of the doubts that have arisen after the COVID-19 vaccination began in Costa Rica is whether or not it is mandatory for a collaborator to be vaccinated in case the employer so requests.

    At the moment the answer is NO, this because the Costa Rican regulations provide the power to the Ministry of Health to establish which vaccines are mandatory (including revaccination), and for now the vaccine against COVID-19 is NOT mandatory.

    Now, in the event that the Ministry of Health determines that it is mandatory, the employer under its management power YES could demand it, and could even be established as a requirement to contract (demand the vaccination book) as for example it is done with the crime sheet and thus It has been supported by both the constitutional chamber and the second chamber.

    In accordance with the general health law number 5395, in its article 150 the Ministry of Health is empowered to determine which vaccines or revaccination is mandatory in Costa Rica. Therefore, currently firing an employee for not agreeing to be vaccinated could eventually be considered an unjustified dismissal.

    Resonance Costa Rica

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