A nursing home in Hesse is allowed to release two employees who have not been vaccinated against SARS-CoV-2 from work. This was the decision of the local labour court in a summary proceeding.

On 12 April, the competent court had rejected the applications of a residential area manager and a nursing specialist for employment with reference to their employment contracts. The two employees had not submitted proof of immunity by 15 March 2022 and had therefore been released from duty by their employer from 16 March 2022 without continued payment of wages.

According to the court, the residents’ interest in health protection is more important. It is within the employer’s discretion to release employees who do not comply with the obligation to present proof of vaccination or convalescence.

Background: the German Bundestag had decided in December 2021 that from mid-March 2022 persons working in certain establishments and enterprises in Germany must be vaccinated or convalescent. These facilities and companies include all of health and care sectors. This is because staff in health care professions and professions caring for people in need of care and people with disabilities have a special responsibility, as they have intensive and close contact with groups of people with a high risk of infection for a severe or fatal course of the disease.

The implementation is partly handled very differently in the individual Laender.