Can an employer terminate an employee if he does not get vaccinated? In principle, the principle of freedom to give notice applies in Austria. The employer has the right at any time - of course in compliance with the relevant notice periods and dates - to terminate an employment relationship without giving reasons, including if employees do not want to be vaccinated. However, the employee has the option of contesting the termination. If the court comes to the conclusion that the termination would cause considerable damage to the person concerned, for example because a long time looking for a job is to be expected or there is a risk of significant salary losses, the employer must justify the termination, with the sole fact that the employee does not want to be vaccinated , would not be a sufficient reason for termination. Rather, the court has to weigh up the interests of the employer in reducing the risk of infection and the interest of the unvaccinated in physical integrity. It will have to be taken into account that the employer has a similarly efficient and milder remedy by applying the 3G rule in the workplace or making other adjustments to the working conditions, for example by having a separate office with no contact with other people. If the employee violates such requirements, he/she will probably set a reason for termination and may even be fired.
