Employers can ask, not force unvaccinated to work from home

If an employee refuses to get vaccinated, the employer can ask that employee to work from home as their presence at the office could entail health risks. But this must be a request, and absolutely not mandatory, Pascal Besselink, an employment lawyer at legal aid insurer DAS, explained to BNR.

Existing regulations allow an employer to make request an unvaccinated person to wok from home, but it is also subject to certain conditions, Besselink said. These include checking that the employee is able to work from home, as well as looking for alternatives at the office, like ways to continuously maintain social distancing.

"Then an employer can at some point say: If you consciously choose not to be vaccinated, you can at least work from home for the coming period," Besselink said. If an employee is asked to work from home, the employer must also help facilitate this, the lawyer added.

Both DAS and employers' association AWVN told BNR that they noticed an increase in questions about how to handle employees who refuse to be vaccinated. According to Besselink, this shows the need for clearer regulations. "I think it would help a lot of employers and employees if there were more direction and regulations from the government on this subject."