15 Nov, 2021 by Marianne Favre Moreillon

New outbreak of COVID-19, unvaccinated employees: right to salary in case of contamination?

15 Nov, 2021 by Marianne Favre Moreillon

Even if vaccination against COVID-19 is not, to date, mandatory, when an employee who refuses to be vaccinated tests positive, the question of the right to salary arises. 

This question has not yet been decided by the doctrine and the courts. We offer you our analysis on this very sensitive issue.

 This article develops the following topics:

  • entitlement to salary in case of illness
  • faulty inability to work
  • concept of fault in the context of an inability to work
  • personal freedom, exercise of a constitutional right and vaccination
  • public interests of the employee and the employer
  • women's military service and the right to salary
  • practice of dangerous sports and faulty inability to work
  • wage entitlement for unvaccinated employees infected with COVID-19

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