Labor Newsletter | Ordinance n. 620

Brazil: Employers cannot require proof of vaccination, based on a new Order from the Ministry of Labor and Social Security

On Monday, November 1, 2021, the Ministry of Labor and Social Security published Ordinance n. 620/2021, which states that employers may not require a vaccination certificate from an employee to maintain or obtain a job, and that doing so would amount to discrimination.

Article 1 of the Ordinance prohibits the adoption of any discriminatory practice for access to employment on the basis of gender, origin, race, color, marital status, family situation, disability, professional rehabilitation, and age.   Paragraph 2 of this article states that: “It is considered a discriminatory practice to require a vaccination certificate in selection processes for the admission of workers, as well as by dismissing for just cause an employee due to the failure to present a vaccination certificate.”

The Ordinance does provide, however, that employers can establish incentive programs for the vaccination of their employees, and also offer periodic testing that proves that they are not infected by Covid-19.   If it is found that the employee’s dismissal was due to a discriminatory act, the employee may file a lawsuit seeking reinstatement with full reimbursement for the entire period of absence, or to receive double remuneration for the period of absence, adjusted for inflation and legal interest, in addition to compensation for moral damages.

The Ordinance emphasizes that failure to present a vaccination card against any illness is not listed as a reason for just cause for termination of employment, in accordance with art. 482 of the CLT (Consolidação das Leis do Trabalho – Consolidated Labor Laws in Brazil).

Click here to read the Ordinance in its entirety.

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Key Contacts:

Marcio Meira
Partner
T: +55 21 3262 3029
E: marcio.meira@cmalaw.com

Mauricio Tanabe
Partner
T: +55 11 3077 3551 | 21 3262 3011
E: mauricio.tanabe@cmalaw.com

Juliana Nunes
Associate
T: +55 11 3077 3558
E: juliana.nunes@cmalaw.com