Vaccination card in companies: What happens if it is not verified, the penalties and everything you need to know

Since December 10, the Government’s rule began to govern so that companies can operate in person, only if their employees prove they have been immunized against the coronavirus. In this note we tell you all the details about it.

César Puntriano, a member of the Estudio Muñiz, commented that the employer is obliged to verify (with a physical or virtual card) the full dose of his workers who are going to work in person.

“The vaccine is still mandatory. I see a vaccine exemption certificate circulating, where the worker says that he exempts himself due to his fundamental rights that cannot be imposed on him, but the employer does not oblige anyone to be vaccinated, but only meets a legal requirement“, He said.

Do they have to present their vaccination card every day?

The lawyer pointed out that the Ministry of Health (Minsa) made a statement, which mentions that it is not necessary for employers to ask their workers for the vaccination card every day.

“This measure is quite practical because if they have already verified that you are vaccinated, then there is no need for them to ask you every day, but they must always carry their card”, He specified.

Exceptional measure

The laborista added that the Government ordered, in an exceptional way, that workers who do not have complete vaccines against COVID-19 they will be able to continue working within 30 days; that is, until January 14, 2022.

He explained that the exception measure will apply to those collaborators from the private sector, whose nature of work is not compatible with remote work and can only perform their functions in person.

“For this, two conditions must be met: the job must be classified as low risk exposure and that the services are provided, during the entire working day, in outdoor spaces because if you work in a closed space and are not vaccinated does not enter”, He mentioned.

Which workers are at low risk?

They are those who do not have close contact (meter and a half) with the general public. In this case they may be those who work in administrative positions or offices. For example, an accountant.

The other requirement of the open air can be fulfilled by people who work in the fields, such as farmers.

Can you work remotely and not in person?

The expert on labor issues considered that if the unvaccinated worker can perform remote work without affecting their productivity, or implying an excessive cost for the company, it should be allowed.

“You have the right to do your work remotely, but if, for example, you work in an industrial plant, then the employer has to qualify if your work qualifies as a low risk of exposure to COVID-19 and if your work is done on the air free, but if not, you could go home without having any benefits (perfect suspension of work) or perhaps you will be sent on paid vacation and return when you are vaccinated”, He said.

Fines

In the event that a company allows face-to-face work for personnel who do not accredit the complete vaccination scheme, Puntriano explained that it would be a serious infraction for not adopting preventive measures in accordance with the regulations on health and safety in the job.

Therefore, the company would be entitled to a fine between S / 11,572 (2.63 UIT) and S / 231,132 (52.53 UIT) depending on the number of workers affected.

However, the laborista clarified that Sunafil published a memory aid of questions and answers on the subject of vaccination, in which it mentions that it has no legal basis to sanction.

“For me, this is not binding and it is dangerous to say that you cannot be fined when there is a generic violation can allow companies to take risks of having unvaccinated workers”, He declared.