The Croatian government aims to increase the percentage of vaccinated persons (currently approx. 50%).
Topics concerning vaccination raise a number of questions for employers. An EU Covid Certificate or testing is generally only mandatory for employees and visitors of public or health care institutions (certain exceptions may apply). It is not yet clear whether any further restrictions will be imposed.
Below, we answer the most common questions in the context of employment and data privacy laws.
1. Can an employer ask its employees or job candidates if they have been vaccinated?
- No.
- Vaccination status is considered as a matter of private choice which means that:
- Employees / job candidates should not be asked about their vaccination status and may only voluntarily notify the employer thereof; certain exceptions may apply e.g., in the health care and public sector.
- Vaccination status may not be set as an employment precondition (e.g., in the company’s internal bylaws) and/or in hiring evaluation criteria
2. Can an employer introduce the mandatory vaccination of employees?
- No.
- It is not permissible to sanction employees for not being vaccinated. Termination may also be not based on such grounds.
- However, employers may request employees to comply with Covid-19 related health and safety measures (e.g. social distancing, wearing masks, Covid-19 testing etc.). Non-compliance with such measures may result in certain disciplinary measures.
3. Can an employer keep internal records on employee vaccination status?
- No. Certain exceptions may apply (see #5).
- Keeping records may be permissible based on employees’ explicit consent in order to facilitate mandatory Covid-19 testing of employees introduced by the employer as a health and safety measure (such view should still be confirmed by the regulator; see #4).
4. Can employers require their employees to get regular Covid-19 testing? Who should pay for it?
- Yes.
- In accordance with the most recent decision of the Croatian authorities, employers may introduce Covid-19 testing as a health and safety measure and require employees (and business visitors) to get regularly Covid-19 tested in order to enter their business premises.
- The costs of Covid-19 testing related to performance of work should be borne by the employer.
Can an employer incentivise employees to get vaccinated?
- Yes.
- In practice employees are typically incentivised to get vaccinated with financial incentives (in the range of non-taxable incentive amounts) and/or additional vacation days. If, for that purpose, employees have voluntarily shared their vaccination status with the employer, exceptionally – internal records on the employee’s vaccination status may be kept (but only until incentives have been granted).
- We expect to see an increase of such practice due to the most recent state aid measures introduced for specific sectors affected by the Covid-19 pandemic (e.g., the hospitality sector). One of the criteria for employers to be eligible for a higher amount of state aid is that over 70% of their employees have an EU Covid certificate. The employer should not deliver employees’ vaccination data in the course of the aid application procedure. Instead, the authorities will independently check their status based on official records.
This client alert has been prepared solely for the purpose of general information and is not a substitute for legal advice. If you would like to know more about the topics covered in this memorandum or our services in general, please get in touch with our experts.
Read the full text
Covid-19 vaccination and the workplace: Common questions among employers in Croatia
The Croatian government aims to increase the percentage of vaccinated persons (currently approx. 50%). Topics concerning vaccination raise a number of questions for employers. An EU Covid Certificate or testing is generally only mandatory for employees and visitors of public or health care institutions (certain exceptions may apply). It is not yet clear whether any […]...
Getting Whistleblowing Right
The EU’s Whistleblower Protection Directive should be implemented by Member States into national law by 17 December. Although some countries will almost certainly miss the deadline, the directive has nonetheless created momentum for companies to review their approach to whistleblowing and strengthen their corporate governance practices. Our experts discuss this complex issue from the perspective […]...
Wolf Theiss advises 4iG Nyrt on the acquisition of a majority stake in ALBtelecom
13 December 2021 – The Hungarian IT and Technology group 4iG Nyrt relied on the legal expertise of Wolf Theiss in the acquisition of a majority stake in the Albanian telecom operator ALBtelecom. 4iG Nyrt acquired the stake from a subsidiary of Calik Holding, one of Turkey’s leading privately held industrial groups. The signing took […]...
International Comparative Legal Guide – Foreign Direct Investment Regimes 2021
The International Comparative Legal Guide – Foreign Direct Investment Regimes 2022 is a critical resource for legal practitioners and industry specialists who are looking for detailed and up-to-date information on FDI Regimes in the CEE/SEE region and beyond (including any relevant changes stemming from Covid-19). Combining high-level policy analysis with a clear breakdown of procedural […]...
Wolf Theiss advises CPI Property Group on its takeover offer over IMMOFINANZ
Vienna, 7. December 2021 – On 3 December, CPI Property Group (CPIPG) announced its intention to launch an anticipatory mandatory takeover offer for all outstanding shares and convertible bonds of IMMOFINANZ AG. Shareholders are to be offered EUR 21.20 in cash per IMMOFINANZ share on a cum dividend basis. Wolf Theiss is advising CPI Property […]...
Wolf Theiss advises La Sanfermese on acquisition of Organa
Ljubljana, 3 December 2021 – WOLF THEISS acted as legal advisor to La Sanfermese, an Italian producer of sustainable food, in the acquisition of a controlling share of the Slovenian company Organa d.o.o. At the end of November 2021, La Sanfermese SpA closed the acquisition of a majority stake in Organa d.o.o., a Slovenia-based producer […]...
Wolf Theiss advises the European Investment Bank on a new venture debt financing agreement with EnduroSat
Sofia, 02 December 2021 – Wolf Theiss advised the European Investment Bank (EIB) on the aspects of Bulgarian law of its venture debt financing to EnduroSat, a fast-growing Bulgarian company providing solutions for the global space market. The financing of up to €10 million is being offered under a newly available venture debt instrument backed […]...
Another success for Wolf Theiss’ Warsaw energy team in advising Pacifico Energy Partners on the purchase of several PV portfolios.
Warsaw, 2 December 2021 – Wolf Theiss’ energy practice, led by Konrad Kosicki, has advised long-standing client Pacifico Energy Partners on the expansion of its PV portfolio to include several large-scale PV projects with an anticipated total capacity of up to 250 MW (combined). This significant PV project strengthens the energy practice’s position in the […]...
Ukraine redesigns its insurance legal framework
On 18 November 2021, the Parliament of Ukraine adopted the Draft Law “On Insurance”, No.5315 (the “Insurance Law”). This law has been heavily supported by the National Bank of Ukraine (the “NBU”), which has recently become the insurance market regulator. The Insurance Law is expected to be signed into law by the President of Ukraine. […]...
The Future of Government
Amidst the increasing speed of technological development, governments across the world are at a crossroads. They face the dual challenge of implementing new tech solutions to fulfill their own mandates, while at the same time effectively regulating the use of that same technology in wider society. The stakes are high. How can elected officials and […]...
Wolf Theiss advises ENGIE on entering into exclusive negotiations regarding the sale of its services subsidiary Equans
Vienna, 26 November 2021 – Wolf Theiss has advised ENGIE on entering into exclusive negotiations for the sale of its services subsidiary Equans to Bouygues. Wolf Theiss has, working alongside Herbert Smith Freehills and a group of leading European law firms, advised ENGIE, a French-based global energy group, on entering into exclusive negotiations with Bouygues […]...
Flexible Working Practices: Navigating the New Norm
In this new episode of Wolf Theiss Soundshot, lawyers Anna Rizova from our Sofia office and Adelina Iftime Blagean from our office in Bucharest discuss new standards of work – particularly around flexible working practices. They explore current trends among employees and employers, how this is impacting organisations, and the challenges and opportunities these topics […]...