Brazil’s residential condos may compel employees to be vaccinated against Covid-19

RIO DE JANEIRO, BRAZIL – In São Paulo, the “vaccine passport” is mandatory in events with over 500 people and a number of establishments and services have also started to demand proof of immunization against Covid-19.

In condominiums, the issue is still recent and specialists explain if it is legal or not to require the vaccination of employees and residents themselves to circulate in the building.

According to Rodrigo Karpat, an attorney specialized in condominiums, the Federal Supreme Court has ruled that it is legal to demand vaccination in work environments. “This will minimize the risk of infection both for professionals and users of these facilities,” he says.

Karpat explains that the guidance with respect to the vaccine should come from the condominium administrator and be a requirement from the liquidator to employees, such as janitors, doormen and cleaning staff.

“If the employee becomes ill and has been infected within the workplace, the employer may be convicted of damages,” explains Wilker Jales Neto, an attorney specialized in condominium issues. Therefore, employers may require that employees present their vaccination cards, under penalty of dismissal or even the replacement of such employees, in the case of outsourced companies.

As for residents, the issue is more complex, the specialists explain. “To date, there is no law that requires the entire population to be vaccinated,” Jales Neto says. “It would be unreasonable to introduce this requirement in the condominium, nor would it be reasonable to leave this decision solely and exclusively up to the administrator.”

However, although vaccination of residents may not be demanded, the condominium may debate the need for vaccination to access common areas. “A meeting must be held to amend the condominium’s conventions and state that the rules for using common areas are being changed,” Jales Neto explains.

Since there is no legal requirement, the administrator can not make the decision by him or herself. The meeting to change the convention foresees a quorum of two-thirds of the condominium members, who must discuss and pass the change.

The areas where a ban can be discussed include swimming pools, fitness centers, barbecue areas, and party lounges. “Unvaccinated condominium members cannot be forbidden to use the elevator, the garage, the residence itself and specific accesses to their homes,” Karpat adds.

In encouraging vaccination, the administrator also has other important roles, the attorneys argue. Firstly, it is important that sanitary measures, such as the availability of hand sanitizer and the mandatory use of masks should be maintained as essential in the condominium.

According to Jales Neto, the best contribution the administrator can make is to raise the residents’ awareness through informative campaigns. Digital content can be sent through Whatsapp or e-mail, and posters can be displayed in elevators and other large circulation areas.

“To try to show people that, unlike those who live in a house, people who live in condominiums are surrounded by several families. Protect your family and your neighbor’s family,” he argues.

To compel the vaccination of residents to use common areas, the following is required:

• Amend the norms and rules of the condominium’s convention;
• Discuss and pass in an assembly with the liquidator + a quorum of 2/3 of condominium members.

Areas where circulation cannot be banned:

• Elevators
• Garage
• Stairs
• Entrance hall
• Gatehouse

Areas where prohibition can be debated:

• Swimming pool
• Gym
• Sauna
• Party lounge
• Barbecue area

The administrator must also seek to raise awareness among the condominium members:

Disclose newsletters encouraging vaccination, through the building’s WhatsApp group (if any), by email, or in elevators in common areas.

Source: Rodrigo Karpat, attorney specialized in condominium law; Wilker Jales Neto, attorney specialized in condominium issues.

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