There is no general mask requirement at work.
But what is the legal situation if the employer makes it mandatory to wear a mask?
What employees should know about this.
A
full-face protection
at the
workplace
- yes or no?
Many employees were confronted with this question not only at the beginning of the corona crisis *.
As before, the
Corona distance and hygiene rules are
the benchmark
in work - as in other areas of life
.
Corona crisis: Can employers make masking compulsory at work?
Every
company
should therefore ensure that the hygiene and distance rules are observed in the corona crisis *.
This can mean that the
employer
prescribes masks
in
common rooms
, for example, but employees can, for example, leave their desks at a safe distance.
"A mask requirement at the workplace ultimately depends on the design of the specific workplace of the employee and the scope of the mask requirement," the Handelsblatt quotes the specialist lawyer for labor law Philipp Byers.
"This can basically also include a mask requirement at the workplace."
Read here
: No more sick leave due to a cold by phone: doctor visit again necessary
Corona: Employees have a duty of care for employees
The company also has a
duty of care
towards its employees.
There is no general mask requirement for all employees at the workplace.
The employers in Germany reject such a general mask requirement at the workplace, writes the Handelsblatt (status:).
Where distances cannot be kept, it is certainly advisable to also wear mouth and nose protection, said the chief executive of the German Employers' Associations (BDA), Steffen Kampeter, according to the "Welt".
General regulations, on the other hand, are not considered to be very effective.
However, there are official regulations in some
industries or areas
in many federal states - for example at
hairdressers
or in
health care facilities
, where employees have to wear a mask during work.
Find out here
: Dismissal Protection Act: When does it protect me from dismissal?
Mask requirement at work - disregard risk of dismissal?
In addition, employers can effectively order a mask requirement at the workplace, according to the Handelsblatt report - such a
protective measure
must be proportionate.
"If employees
carry out
activities that regularly involve direct
contact with colleagues or customers
, the company can easily order the wearing of a protective mask," explains the labor lawyer in the report.
Read here
: Smoking break: Boss rewards employees who do not smoke - with this measure
What is the threat to employees who do not follow their employer's instructions?
If the mask requirement is breached for the first time, the report continues, usually only a
warning
should be
considered.
This applies in particular to cases in which the employee violates the mask obligation out of carelessness.
In the worst case, according to labor lawyers, there is a
risk of dismissal
after a prior warning - if the employee does not wear a mask in the company several times.
(
ahu) * Merkur.de is part of the nationwide Ippen central editorial network.
Source: Handelsblatt.de
Also interesting:
Unusual job advertisement: a company is even looking for burglars for this job
Do you want to stay up to date with the latest career news?
Then follow our industry page on the Xing career portal.
Salary: ten professions in which you earn super money - without being a boss
Salary: ten professions in which you earn super money - without being a boss