Note on the mask requirement, here at a Rostock bank branch (archive photo)
Photo: Bernd Wüstneck / dpa
An employee who, according to a doctor's certificate, cannot wear a mask is not entitled to employment.
This also means: If the employer is obliged to wear a mask and therefore refuses to work without a mask, the employee is to be considered incapable of working.
The Cologne Regional Labor Court (LAG) decided in a judgment that has just been announced.
According to this, the ordering of a mask requirement is covered by the employer's right of direction.
The case concerned an administrative employee of a city in the Rhineland.
This had ordered that visitors and employees in the town hall must wear a mask.
The plaintiff submitted two certificates exempting him from the mask requirement.
But without a mask, the city refused to work in the town hall.
Doubts about the certificate
The administrative employee did not want to be completely without work.
He must be employed in the town hall or at least in the home office without a mask.
So he eventually went to court.
more on the subject
By law - labor law briefly explained: Can my boss force me to take the corona test? By Florian Gontek
By law - labor law briefly explained: Who is liable if I become infected with Corona in the company? By Florian Gontek
Labor law briefly explained: Can the boss measure my temperature? By Florian Gontek
The labor court in Siegburg ruled on December 16, 2020 that employees must generally accept an ordered mask requirement "for reasons of infection protection"
(Az .: 4 Ga 18/20)
Here the plaintiff had submitted a medical certificate that exempted him from the mask requirement.
However, there are doubts about the correctness, according to the court.
Because in the certificate no reasons are given why the plaintiff cannot wear a mask.
The LAG also dismissed the administrative employee's complaint.
According to the state's Corona regulation and also according to the SARS-CoV-2 occupational health and safety regulation, the city was even obliged to order the mask requirement.
This serves to protect employees and visitors from infection.
In the specific case, the LAG also denied the right to work from home.
In any case, the administrative clerk could only do part of his duties in the town hall.
If, according to the certificate, he could not wear a mask, he would be "unable to work and therefore not employable," according to the Cologne LAG in its judgment of April 12th.
File number: 2 SaGa 1/21
File number: 2 SaGa 1/21
mamk / JurAgentur