1. How should I proceed or what should I do with individuals who do not require vaccination?
A// First of all, it should be noted that, at present, forcing a worker to get vaccinated is not a recommended action, as it could constitute a violation of fundamental rights enshrined in the Political Constitution of Colombia.
Regarding Circular 003 of 2022, it states that employers must require their workers to present vaccination cards with the complete schedule. However, it also states that, within the framework of social responsibility, self-determination, and personal autonomy, they should take into account that vaccination not only constitutes a preventive measure for the individual but also a health measure to prevent spread. Similarly, the aforementioned Circular indicates that the means by which they must “verify” must conform to the provisions of Circular 047 of 2021, which should have been integrated into the OSH.
Circular 047 of 2021 states that vaccination must be promoted by the employer through the generation of benefits or rewards for its completion and/or application.
It is worth noting that the Ministry of Labor's circulars are guides to actions that can be implemented, but they are not lacking in requirement and mandatory compliance. Likewise, their issuance does not generate new actions considered as faults or actions subject to sanction.
2. Can I terminate the contract or sanction?
A// It is suggested that in the event of contract termination, it should be without just cause, if the intention is not to continue with this person, or if the lack of vaccination creates an impediment to the normal development of assigned functions, in which case it is not suggested to comment on the lack of vaccination.
3. Can I sanction?
A// Under the premise of absence of the vaccination schedule, it is not suggested to apply any type of sanction. However, it would be necessary to study the possibility of carrying out a disciplinary procedure for non-compliance with OSH policies, reiterating that the absence of the vaccination schedule is not a cause for contract termination.
1. How should I proceed or what should I do with individuals who do not require vaccination? A// First of all, it should be noted that, at present, forcing a worker to get vaccinated is not a recommended action, as it could constitute a violation of fundamental rights enshrined in the Political Constitution of Colombia. Regarding Circular 003 of 2022, it states that employers must require their workers to present vaccination cards with the complete schedule. However, it also states that, within the framework of social responsibility, self-determination, and personal autonomy, they should take into account that vaccination not only constitutes a preventive measure for the individual but also a health measure to prevent spread. Similarly, the aforementioned Circular indicates that the means by which they must 'verify' must conform to the provisions of Circular 047 of 2021, which should have been integrated into the OSH. Circular 047 of 2021 states that vaccination must be promoted by the employer through the generation of benefits or rewards for its completion and/or application. It is worth noting that the Ministry of Labor's circulars are guides to actions that can be implemented, but they are not lacking in requirement and mandatory compliance. Likewise, their issuance does not generate new actions considered as faults or actions subject to sanction. 2. Can I terminate the contract or sanction? A// It is suggested that in the event of contract termination, it should be without just cause, if the intention is not to continue with this person, or if the lack of vaccination creates an impediment to the normal development of assigned functions, in which case it is not suggested to comment on the lack of vaccination. 3. Can I sanction? A// Under the premise of absence of the vaccination schedule, it is not suggested to apply any type of sanction. However, it would be necessary to study the possibility of carrying out a disciplinary procedure for non-compliance with OSH policies, reiterating that the absence of the vaccination schedule is not a cause for contract termination.
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