No jab, no job; companies can also let go of unvaccinated staff as last resort

Singapore

WORKERS who refuse to disclose their Covid-19 vaccination status can be treated as unvaccinated, and companies can terminate those who do not comply with workforce vaccination measures as a last resort, according to the latest tripartite advisory.

Employers can also impose a vaccination requirement upfront when hiring new staff for the purpose of planning workplace deployment, the Ministry of Manpower (MOM) said in response to a list of frequently asked questions posted on its website.

Workforce vaccination measures are applicable to anyone working at the same premises as their employees, including independent contractors and vendors, it said.

Employers may request staff to show their vaccination status through their TraceTogether app and token, HealthHub app or the original physical vaccination card.

This is an update from an earlier position taken by MOM and its tripartite partners: the National Trades Union Congress and the Singapore National Employers Federation.

On Jul 2, a joint advisory said employers may impose a vaccination requirement for workplaces with a higher risk of Covid-19 infection, but staff should not be penalised if they decline vaccination.

The latest tripartite advisory on Covid-19 vaccination at the workplace states that for work that can be performed at home, employers may allow unvaccinated workers to work remotely, at their prerogative.

However, it added: "As the vast majority of vaccinated employees eventually return to the workplace more frequently, the prolonged absence of the unvaccinated employees from the workplace may affect their individual performance as well as negatively impact team or organisational performance."

David Leong, managing director of HR advisory and search firm PeopleWorldwide Consulting, said: "The employer can insist that they return to office with daily testing at their own expense and such a demand, in today's context, is not unreasonable."

As for work that cannot be performed at home, employers can allow staff to continue in their existing job with pre-event testing done at the employees' own expense, or such staff may be redeployed to suitable jobs that can be done from home.

As a last resort, however, they may be placed on no-pay leave or terminated with notice in accordance with their employment contract.

"If termination of employment is due to employees' inability to be at the workplace to perform their contracted work, such termination of employment would not be considered as wrongful dismissal," MOM said.

While it remains up to firms to decide whether to make such moves, HR players said those in customer-facing industries such as food and beverage (F&B), healthcare, and hospitality are more likely to do so.

"It will depend on the company's business operations as well as what the market leaders are seen to be doing," said Randstad Singapore managing director for Singapore and Malaysia Jaya Dass. Firms with higher Covid-19 risks are most likely to require vaccination "to protect the overall well-being of their workforce".

"Companies are also likely to follow what the bigger players implement as well as the recommendations from the industry associations in the coming weeks," she added.

"In healthcare for example, there is a responsibility not just for the health and safety of employees but also the people placed in their care," said Mercer Marsh Benefits leader for Singapore Neil Narale.

Leong believes firms are "very likely" to make vaccination a requirement for new hires, as mass infection could cripple operations. "F&B, hospitality and service industries are especially sensitive because of their constant contacts with large number of guests, patrons and customers."

As for the dismissal of staff who are eligible but refuse the vaccine, this is also more likely in interaction-heavy industries, said HR players.

Narale felt it was too early to tell if firms are likely to resort to termination, as the advisory "sets out clear alternatives", but added: "As with hiring, public-facing roles such as those in F&B, hospitality, healthcare and fitness, may be most impacted."

While some firms may terminate unvaccinated staff in interaction-heavy roles, this is usually the last resort, said Dass. Employers would first provide support and protection, such as frequent testing and work-from home arrangements, she added.

But Leong expects firms to be willing to dismiss unvaccinated staff if they affect operational performance, adding: "Any punctuated disruptions can have serious implications for downstream production activities."

Stefanie Yuen Thio, joint managing partner at TSMP Law Corporation, said the updated advisory sets out what she believes is the "right position at law".

"If unvaccinated staffers cannot do the full scope of their work, or cannot produce as efficiently, then it's right that their performance rating reflects this," she noted, adding: "You should not terminate someone's employment simply because they are not vaccinated. But if they are unable to perform optimally due to this purely personal choice, then it's not wrong to have that reflected in their work reviews."

Yuen Thio also said "a lot of people pay the price" for an employee who refuses to get vaccinated without valid medical excuse, as they are more likely to exhibit severe symptoms from Covid-19 and this could increase the strain on the healthcare system. "In addition, as a business person and a tax payer, I'm concerned that the continued number of severe cases is stalling the opening of the economy, and I also wonder if our tax dollars should provide subsidised healthcare for those who wilfully refuse to be vaccinated."

With 70 per cent of firms having reached full vaccine coverage for their workforce, the tripartite partners have urged the remaining 30 per cent to make a "concerted push" to get their unvaccinated employees to be vaccinated as soon as possible.

Companies can now check their company's vaccination rate at https://go.gov.sg/percentvaccinated.

On Saturday (Oct 23), Singapore's Covid-19 multi-ministry taskforce said 96 per cent of the country's workforce is vaccinated. Of the remaining 113,000 unvaccinated employees, over 10 per cent are seniors.