A vigilância da saúde como instrumento de proteção da segurança e saúde no trabalho

: um confronto com a reserva da intimidade da vida privada e a proteção de dados pessoais

Abstract

Towards the reality of the pandemic, caused by the Covid-19, it has been given a special focus on the safety and health at work. The obligation of the employer to ensure the safety and health at work, as contemplated in the articles 127.º/1/c), g), h) and i) and in the article 281.º/2 CT, materialized in the article 15.º/2 Law n.º 102/2009, puts, many numbers of time, in risk the personality rights of the employee, in particular the right of privacy as well as the protection of their health data. The present dissertation approaches the confront between this two positions, both worthy of protection, and, in special, within the Covid-19 reality, how does the duty to ensure health monitoring, has been applied. Therefore, according to the national and European legislation on the matter, we look at the legality of the obligation to measure the body temperature, daily, as a condition to entry in the workplace; as well as the eventual requirement of vaccination against the covid-19, as a duty of the employee, under the obligation of the employer to ensure the safety and health at work. The right to privacy suffers restrictions, caused by the duty of the employer to ensure health monitoring, which will be explored over the present study.

Date of Award	9 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Milena Rouxinol (Supervisor)