Giessen (dpa/lhe) - A retirement home in Central Hesse has rightly released two employees who were not vaccinated against Corona from their job without continued payment of their salary. That was decided by the Gießen Labor Court. The plaintiffs, who had not submitted proof of vaccination, "lacked the ability to perform the work owed under the employment contract due to a lack of immunization status," the court found and dismissed their complaints.
The release is also okay: According to the Infection Protection Act, the employer may, with a view “to the special need for protection of the residents of a retirement home, employees who are neither vaccinated nor recovered and who do not comply with the obligation to present proof of vaccination or recovery, from work " release. The residents' interest in health protection outweighs that of the employees in carrying out their work.
The decision is not yet final and an appeal to the regional labor court is possible, a judiciary spokeswoman said on Wednesday. The "Gießener Allgemeine" had previously reported on the judgments passed on Tuesday.
The labor court had already dealt with the case of the two plaintiffs in April, albeit in an urgent procedure. Now it was time for the main proceedings. According to the spokeswoman, a plaintiff no longer works at the retirement home in Pohlheim (Giessen district). He resigned and withdrew his claim for continued employment. However, the question of continued wage payments was still being negotiated.
The facility-related vaccination requirement for employees in clinics, practices or nursing homes has been in effect since mid-March. They had to prove their vaccination protection or recovered status by March 15th - or submit a certificate stating that they could not get the syringe for medical reasons. The legal basis for the regulation is currently expiring at the end of the year.
