From March 15, the so-called facility-related vaccination requirement will apply. In future, will employers be allowed to ask for relevant evidence when talking to applicants during the recruitment process?
Offenburg – For employees in the health and care sector, a facility-related vaccination will apply from mid-March. They then have to provide evidence that they have been vaccinated, recovered or have been medically exempt from vaccination against the coronavirus.
But what applies to applicants? Can the employer ask for proof during the interview in the future? Yes, and that is even clearly regulated in the law.
Jürgen Markowski is a specialist lawyer for labor law in Offenburg and a member of the executive committee of the labor law working group in the German Lawyers’ Association (DAV).
“Proof is the prerequisite for being able to employ workers at all,” says Jürgen Markowski, specialist lawyer for labor law in Offenburg. The employer therefore has a legitimate interest in requesting this evidence from applicants.
Legal regulation and operational interest
In principle, the following applies: In the recruitment process, the employer may ask questions that concern topics that he has a legitimate business interest in knowing. On the other hand, there is the protection of general personal rights – the employer must weigh the two against each other. Because there is a legal regulation on the evidence relating to the vaccination to protect against Covid-19, the question of evidence is permitted in any case. dpa