In their advice, Sweden's Municipalities and Regions (SKR) state that no employee can be forced to take a vaccine.
Municipalities must also not keep track of which people say no.
But, at the same time, SKR opens up the option of temporarily moving vaccine refusers from their work ethic.
But the organization also warns that it is a legal seesaw.
Untrapped ground
Relocating staff who refuse vaccine against covid-19 is a new situation and therefore untrodden legal ground.
- Such a decision can be questioned and lead to a dispute, in theory.
In the end, that dispute will end up in the Labor Court, says Tomas Björck, who is head of labor law at SKR.
Fight fire with fire?
According to him, it is unclear how such a lawsuit ends.
Is it the relocated elderly care employee who gets it right?
Or is it the municipality that took a hard line against a vaccine refuser who gets it right?
- The judicial review will look at whether it has been justified to require vaccinated staff in a certain activity, says Tomas Björck.