Can Vaccines Be Mandatory for Employees?

Given the current state of the Philippine economy amidst yet another ECQ (enhanced community quarantine) announcement, businesses have begun to ask the seemingly controversial question:

Can vaccines be mandatory for employees?

There is a strong case to be made for businesses to require vaccination for employees prior to re-entering the workforce, as the failure to vaccinate may constitute a direct threat to the health and lives of other employees. Of course, exceptions must be made to those who cannot be vaccinated due to disabilities or other health-related concerns.

What about the other way around? Can employees hold their employers accountable for not mandating a hard vaccine policy? One lawyer says that potentially yes. It may be the case that employees may allege that their employer has failed to provide a safe working environment under the Philippines’ Labor Code.

That being said,  most companies will likely not mandate Covid-19 vaccines immediately. A recent survey (albeit from the United States) found that less than 1% of companies that were surveyed had vaccine mandates. Similarly, an informal poll of 10 Fortune 500 companies showed that none were ready to mandate.

Some companies have turned this notion on its head, instead of incentivizing employees to take vaccines. Starbucks offers two hours of paid time off for each shot. Others are paying employees to take vaccine shots, including Lidl with $200 in extra pay, and Kroger offering $100.

What should Filipino companies do? For a nation that relies so heavily on the service industry, quick and successful vaccination of employees is the quickest route to ensuring the economy gets back on its feet. Employers should seriously consider mandating vaccination, or utilize a strong incentive for their employees to take the shots.