Pursuant to Clause 12 Sec. 1 points 1 and 2 of the Regulation of the Minister of Health of March 20, 2020 on the announcement of an epidemic in the territory of the Republic of Poland (Journal of Laws of 2022, item 340), the obligation to vaccinate against COVID-19 is subject to persons:
- entitled under separate provisions to provide health services,
- who have acquired professional qualifications to provide health services in a specific scope or in a specific field of medicine,
- employed or performing pharmaceutical services, professional tasks or professional activities in a generally accessible pharmacy or in a pharmacy outlet,
- being students of the fields of study preparing to practice a medical profession such as: doctor, dentist, pharmacist, nurse, midwife, laboratory diagnostician, physiotherapist.
The above-mentioned persons are required to undergo vaccination against COVID-19, the result of which will be the receipt of an EU digital vaccination certificate, i.e. EU Covid certificate. This obligation also applies to the above-mentioned people who by 1 March 2022 will elapse more than 6 months from obtaining a positive diagnostic result for SARS-CoV-2. The vaccination obligation applies to people who have no contraindications in terms of their health.
In the announcement of the Ministry of Health, we read that the Labor Code authorizes the employer to request the employee to submit a declaration on the fulfillment of the obligation to undergo vaccination against COVID-19. The legal basis is Art. 221 § 4 of the Labor Code, which indicates that the employer is entitled to request the employee to provide him with personal data other than those specified in that article, when it is necessary to exercise the right or fulfill the obligation resulting from the law. The disclosure of this information takes the form of a declaration made by that person. However, if the above-mentioned the person does not submit such a declaration or submits a declaration of non-vaccination against COVID-19, the employer may change the organization of work or terminate the employment relationship with an unvaccinated employee.