The regional labor court in Frankfurt has decided in the second instance: Anyone who violates the facility-related vaccination requirement may be suspended by their employer.
The judgment is binding for the whole of Hesse.
Helmut Schwan
Freelance author in the Rhein-Main-Zeitung.
Follow I follow
Employees of a retirement home in the Gießen district had sued against their exclusion.
The labor court there already rejected her request to be allowed to continue working by means of an injunction.
According to the incontestable judgment in Frankfurt, the so-called facility-related compulsory vaccination is supported by the interest of the residents of the retirement home, which is particularly worthy of protection, to be protected from a risk to their health and life.
This outweighs the interests of the nursing staff in being able to carry out their work.
The regional labor court thus followed the reasoning of the Federal Constitutional Court in its landmark decision in May.
The partial vaccination obligation in the health and care system applies in Germany from March and is limited until the end of the year.
It is not yet clear whether it will be extended.