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The Bavarian State Opera released a flutist unpaid because she refused the ordered corona test.
Photo: Peter Kneffel / picture alliance / dpa
Employers are allowed to prescribe corona tests for their employees.
This was decided by the Federal Labor Court (BAG) this Wednesday in a landmark judgment (file number 5 AZR 28/22).
However, the obligation to test must be proportionate and weigh up the interests of both sides.
A flutist employed by the Bavarian State Opera had complained, refusing the tests ordered.
She saw this as an encroachment on her personality rights and her physical integrity.
In the summer of 2020, the Bavarian State Opera issued a company hygiene concept that, going beyond the legal requirements, required employees to carry out PCR tests without cause.
These should be at the employer's expense and during working hours.
When the employee refused to conduct the tests, the woman was barred from rehearsals and performances and was given unpaid leave.
Rightly so, as the labor judges have now decided.
Employers have a duty of care and can issue instructions in the interest of occupational safety to protect life and health, the Federal Labor Court explained.
The verdict could have an impact on thousands of workers if the corona infections should rise again drastically.
The flutist no longer works at the State Opera.
vet/flg/dpa
