Already an account? Log in

    Try HRM Rendement

    With 13 published issues in a calendar year HRM Rendement offers the most up to date answers to your professional questions with news, themes and articles.

    Subscribe to HRM Rendement for the next three months for only € 3, excluding VAT (normal price is € 99 per year). This offer applies to a business trial subscription, valid until cancellation. The General Terms and Conditions can be found on

    Fill out the form below and subscribe

    Are you interested in similar English publications? Rendement also offers (about Dutch payroll regulations) and (about Dutch tax regulations).Try these publications for three months each for € 3, excluding VAT. Normal price is €99 per year.

    Try these publications for three months each for € 3, excluding VAT. Normal price is €99 per year.

    Promo code (when available)

    We ask you to agree to our General Terms and Conditions and Privacy Policy.

    When clicking on subscribe, you automatically give permission to receive the newsletter and offers, with which we inform you about relevant products and services of Rendement Uitgeverij BV. If you do not want this, please contact us via You can also withdraw the consent at any time by clicking on the unsubscribe link at the bottom of each email.

    Dismissal for employee who refuses vaccination?

    Several employees have said they won’t have themselves vaccinated against COVID-19. Are we allowed to dismiss them when push comes to shove?

    Employers cannot compel employees to have themselves vaccinated. This would violate the constitution, which states that everyone has to right to bodily integrity, except for restriction imposed by or pursuant to the law. The Cabinet of the Dutch government has already announced that they will not enact a law to make vaccination mandatory. Employers can therefore not compel employees to get a vaccination. But can an organization impose consequences to employees who decide not to have themselves vaccinated?


    Employees cannot invoke their fundamental rights all the time. Sometimes, such a fundamental right must make way for another (major) interest. In the case of COVID-19, there is such another major interest: public health. Moreover, the rights and liberties of other people also come into play. The question therefore is: are the interests of the employer in having employees vaccinated significant enough to legitimize a dismissal in the event an employee refuses to do so? It is expected that in most cases, a judge will rule that the employer’s interests are not significant enough. After all, there are various other options available, such as implementing coronavirus protocols. And if that is not enough, you can have an employee transferred to another department or location where the risk of contracting a COVID-19 infection is much lower. The expectation is that in most cases, the interests of your organization must make way for the interests (i.e. rights) of the employee.

    Medical staff

    For some professions, having employees vaccinated is more important than for others. An example is medical staff. It is possible that in such an instance, the interests of an organization will trump those of an employee, leading to the legitimization of dismissals in the event employees refuse to have themselves vaccinated. Yet, it is ultimately up to the court to have the final saying as to which interests are more significant.

    Share this article on:

    Relevant Q&A's