Covid-19: Brazil’s Supreme Court overturns labor regulation banning hirings and firings for lack of vaccination

RIO DE JANEIRO, BRAZIL – Once again, the Federal Supreme Court (STF) in Brazil has overturned a measure taken by the Bolsonaro government. This time it concerns the government wanting to protect unvaccinated workers from being dismissed “for just cause” if they are not vaccinated.

Justice Luís Roberto Barroso of the Federal Supreme Court (STF) suspended yesterday (12) the force of the provisions of Ordinance 620 of the Ministry of Labor, which forbade the dismissal “for cause” of workers who have not taken the vaccine against Covid-19. The Justice granted the petition for injunction filed by opposition political parties.

The decision does not reach those who have justified medical contraindications for not being immunized.

The Ministry regulation determined a”discriminatory practice” the requirement of presenting a vaccination certificate in selection processes for hiring of workers, as well as prohibiting the dismissal “for cause” of an existing employee because of failure to present a certificate of vaccination.

Justice Barroso held that the measure unnecessarily burdens employers and must be done through a legislative statute, not a rule-making ordinance.

“The Federal Supreme Court has already recognized the legitimacy of compulsory vaccination, through the adoption of indirect measures, such as restriction of activities and access to establishments, ruling out only the possibility of vaccination with the use of force,” stated the Justice.

Barroso’s decision suspends the provision that prohibited the requirement for proof of vaccination in hiring or for continuity of employment.

In addition, the decision suspended the section of the regulation that classified the request for a vaccination card as a discriminatory hiring practice and prohibited dismissal “for cause” for lack of the document.

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