3G in the workplace What Corona rules apply to employers and employees
Under the bill, employers would be required to monitor and document the 3G rule through verification checks.
Dusseldorf The new 3G rules in the workplace have come into force. The goal: to reduce the risk of further spread of coronavirus in workplaces. The new rule has consequences especially for unvaccinated people. An overview of the new measures for the office, business and industry.
What do employees have to submit?
Employees have access to a workplace only if they are vaccinated, recovered or tested up-to-date. Vaccinated and convalescents must prove it with appropriate documents. It can be the vaccination certificate, the vaccination certificate via an app or a convalescent certificate.
Unvaccinated are required to submit a negative rapid test result. The employee should be responsible for obtaining the test certificate – for example, by taking a citizenship test before starting work, which are again free of charge. These are valid for 24 hours. A PCR test serves as evidence for 48 hours. In addition, employers must provide two tests per week.
Peter Meyer, a specialist attorney for labor law, believes it is also possible for employees to take a rapid test before the eyes of the employer. They must be done under supervision in any case. Larger employers also open their own testing centers for employees. Read about this: Checking in every morning: This is how Dax companies want to deal with 3G on the job
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Until when does the 3G rule apply in the workplace?
The new 3G rules are due on Wednesday, 24. November 2021, entered into force. According to the law, the measures should on 19. March 2022 end, but can be extended by a maximum of three months. Read also3G in the workplace: the new rule raises some questions
Can employers ask about the vaccination status?
Yes, but within limits. Employers are allowed to demand proof and, if possible, also store it. But it may only be recorded that there is evidence, not exactly which one. For example, a company ID card could be envisaged to make access smoother. The query only for medical personnel and in schools, daycare centers and senior citizen facilities remains in place.
What employers must provide?
Employers must offer employees a free coronary test twice a week. Companies must also ensure that employees are exposed to the lowest possible risk of infection. The Corona Occupational Health and Safety Ordinance serves as the legal basis.
If companies are not able to implement legally required hygiene rules, employees do not have to come to the office from a purely legal point of view, says labor lawyer Tobias Brors. In practice, however, he advises a clarifying conversation with the boss, so as not to poison the working atmosphere. Bosses, in turn, would have to consider occupational health and safety a top priority right now.
What happens if my child needs to be cared for at home?
The special regulations on children’s sick pay have been extended to 2022. This means that if parents have to care for their children at home because of a Corona illness or the closure of the kindergarten, they can claim 30 days of children’s sick pay per child and parent. If there is more than one child, the number of days increases to a total of 65 days per parent. For single parents, you can get a total of 60 days of child sickness benefit if you have one child, and a maximum of 130 days if you have more than one child.
What happens in the event of violations? Loss of pay and warnings possible
Employers are required to monitor and document the new Corona measures on a daily basis. Violators face fines of up to 25.000 euros.
Employees are threatened with loss of wages if they do not have to perform their work due to the new 3G rules. However, it is important to note that if home office is possible, employers must also allow it. Because refusing to provide proof could be considered a breach of duty, attorney Meyer believes it is conceivable that employees could be warned off. In the repetition case even the notice could threaten.
Home office obligation, but no home office compulsion
Flanking the 3G rule, there is a home office obligation: as many employees as possible are to work at home and thus avoid contacts if there are "no compelling operational reasons" to the contrary. Such reasons could exist if business operations would otherwise be significantly restricted or could not be maintained at all, such as counter services for necessary customer and employee contacts or repair and maintenance tasks.
The employees, for their part, have to accept an offer from the employer, as long as there are no reasons on their part to the contrary. It could be lack of space at home or technical and organizational reasons. No one may be forced to work in a home office.