The second wave of Covid has abated, the company is now planning to resume office . But there is an issue. One of the employees – Mr X feels that vaccines are not safe and thus refuses to get vaccinated.
It is a Catch-22 situation for the Company.
How can it force Mr. X to take the vaccine ? How can it force others to feel safe working alongside Mr X ?
The Meghalaya High Court has ruled against forced vaccinations. “Vaccination by force or being made mandatory … vitiates the fundamental purpose of the welfare attached to it”. The court observed that if an individual does not want, the fundamental right cannot be forcefully imposed. It’s against the fundamental right to privacy and exercise of personal liberty.” Furthermore, there is an intrusion of the body, even if of minor intensity, e.g., through a needle, and so issues of personal and bodily autonomy and bodily integrity are involved, similar to abortion rights or non-sterilisation rights or sex reassignment surgeries, irrespective of what consequences the individual might be inviting, observed the court.
Is it legal to incentivize and even mandate the shot ? Can you deny appraisals if they do not take the shot ? Can there be a nominal 5% pay cut till he/she gets vaccinated ?
If we make a reasonable request for staff to be vaccinated, what can we do if they refuse?
Can we dismiss anyone who unreasonably refuses to be vaccinated?
Lots of unanswered questions !!
What do you think ?