COVID-19 vaccination and testing in Poland - employment law perspective

The employer can always raise awareness and inform employees of the benefits of a COVID-19 vaccination. 

However, the employer should not provide employees with a financial incentive that will encourage them to be vaccinated.  There is a risk that if the employer incentivises vaccinations, unvaccinated employees can claim unequal treatment. This risk increases for staff members who cannot objectively get vaccines due to existing medical conditions. In these cases, incentives may be considered discriminatory or acting against the principle of equal treatment.  

In principle, employers are not obliged to offer COVID-19 vaccines to employees. However, since all employers have the general obligation to ensure health and safety in the work environment, they may take initiatives to increase the level of safety at work. This means, for example, that employers can run information campaigns about COVID-19 and inform employees about the possibility of receiving vaccinations.  

According to National Immunisation Programme guidelines, an employer can also participate in organising a mobile facility where employees and members of their families can be vaccinated against COVID-19. In this case, the employer must contact the National Health Fund and provide appropriate rooms for vaccinations in the workplace that meet safety standards.

No, the employer cannot verify which of its employees have been vaccinated. Also, the employer cannot ask employees for proof of vaccination and record this information.

There are rumours that Polish COVID-19 regulations may soon change, and employers will have the right to ask their employees for vaccination certificates. However, at this stage no official bill has been drafted. The government has also not confirmed that regulations of this type are being considered.  

No, an employee is not required to inform the employer if he or she has been vaccinated.

No, the employer cannot make vaccination against COVID-19 compulsory. In Poland, COVID-19 vaccines are not compulsory, even for employees in the health sector. As a result, being vaccinated cannot be a condition of employment.

In Poland, the general rule is that the employer cannot require employees to undergo vaccinations. However, there is an exception to this general rule where an employer can require special types of vaccinations for employees in certain sectors and for specific employees listed in the law (e.g. medical sector). Currently, this exception does not include COVID-19 vaccinations. 

Yes, employees can refuse to be vaccinated against COVID-19. In Poland, COVID-19 vaccinations are voluntary for all professions. Employees are not required to give reasons for refusing.

No, since the employer cannot verify which of its employees have been vaccinated, the employer cannot refuse to admit unvaccinated employees into the workplace. Also, an employer should not divide employees into two categories and make distinctions between them. 

Of course, if an employee is manifestly ill and shows symptoms that may indicate an infection, the employer can take all necessary measures, including sending the employee home and asking the individual to consult his doctor.

No, the landlord of the employer's building cannot refuse to admit employees into the building (i.e. the workplace). The landlord cannot ask employees for proof of vaccination and record this information.

No, the employer cannot verify whether employees or third parties have been vaccinated. The employer cannot ask employees or third parties for proof of vaccination and record this information.

Poland implemented the EU DCC by adopting the Council of Ministers’ Regulation in July 2021. EU DCC is available in digital and hard copy form. Polish authorities issue vaccination, recovery and negative test certificates, which can be used for traveling purposes within the EU. 

No, the employer cannot verify vaccination status, so the employer cannot request vaccination certificates in this case.

There are no specific laws that regulate business travel during the COVID-19 pandemic. 

However, persons travelling to Poland are obliged to undergo compulsory quarantine, unless they benefit from one of the general quarantine exemptions. Such an individual is not required to enter compulsory quarantine if this person can produce a certificate confirming vaccination against COVID-19 with a vaccine authorised in the EU.

Yes, the employer can generally oblige the employee to travel for business purposes. In this case, the employer bears the costs for testing non-vaccinated employees, if testing is required. However, if the business travel is planned to an area posing a high risk of COVID-19 infection, the employee can refuse to travel for health reasons. 

The COVID-19 situation is dynamic and legislation is still changing. Currently, there are rumours that Polish COVID-19 regulations may soon change, and employers will have the right to ask their employees for vaccination certificates. If necessary, the employer will have a right to instruct a given employee to perform other work than agreed upon in the employment contract or send the worker on unpaid leave. However, no official bill has been drafted requiring this and the government has yet to confirm that such regulations are being considered.  

No, an employer cannot oblige employees to take a COVID-19 test. The employer is also not required to provide workplace COVID-19 tests. The employer can voluntarily provide such tests, but cannot force an employee to undergo such a test.

There are no official guidelines on this question, but if the employer sponsors voluntary testing, then it should be carried out by a professional third party rather than by the employer’s medical personnel. This results from the fact that the employer should not have access to personal medical data of this type. 

Generally, the answer is no. However, an employee who receives a positive COVID-19 test result will be subject to mandatory self-isolation. In addition, the employer’s online profile overseen by the Polish Social Security Office will state whether its employees will be subject to mandatory self-isolation. 

The employer cannot require employees to be tested for COVID-19. Such testing cannot become a mandatory condition for employment.

See the answers to questions 7 in Vaccination part and 4 in Testing.