At NRW schools it is already a done deal: compulsory testing.
But what about the workplace, can the employer force the employee to take a corona test?
Dortmund - The corona virus is now being tested almost everywhere: in shopping centers such as Bochum *, in pharmacies, in schools and daycare centers.
And a negative corona test is necessary in more and more areas of life, whether when shopping, at the hairdresser's or at a cosmetic appointment - it hardly works without a test.
Many employers also offer rapid tests.
So far, however, there is no obligation - could my employer force me to do so?
RUHR24 * knows more.
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Corona test obligation: Schoolchildren in NRW have to be tested - employees do not
It already exists in schools, the compulsory corona test *, it should come into force after the Easter holidays and schoolchildren have to be tested for the corona virus twice a week.
According to the Ministry of Education of North Rhine-Westphalia, Yvonne Gebauer (FDP), the tests are intended to make school operations “safer” - although cities still have great doubts about the feasibility of the test strategy in schools *.
With many employers, on the other hand, there has so far only been the offer to be able to do a corona rapid test - and that by far not with all employers.
The risk of being infected with the corona virus * when working in an open-plan office is greater than in school, as reported by wa.de *.
So far, however, there is no obligation to test on the part of employers.
Corona test strategy: only around half of the companies offer tests
According to an inventory by the federal government, only around half of the companies offer employees the opportunity to be tested on site.
2500 employees and 1000 companies were surveyed on behalf of the Federal Ministry of Labor and Social Affairs (BMAS) and the Federal Ministry for Economic Affairs and Energy (BMWi).
The government wants at least 90 percent of the companies to offer rapid corona tests, as
reported by
the
Tagesschau
.
Delivery difficulties and procurement problems are therefore the main problems - especially for small companies.
But once all companies are adequately equipped with corona tests, can employers make it compulsory to get tested for the corona virus?
Corona test obligation at the workplace: personal rights against occupational safety
From a legal point of view, the question is difficult to answer, the Federal Labor Court has not yet had to deal with it, so there are still no judgments.
When deciding for or against compulsory corona testing at the workplace, the interests of the employer and those of the employee must be weighed against each other, as reported by wa.de *.
On the one hand, the employer is responsible for occupational safety and must always keep an eye on all employees.
If a person does not get tested for the coronavirus, they could infect other employees.
On the other hand, according to the
Bavarian Broadcasting Corporation
, employees can
insist on their personal rights.
Accordingly, compulsory testing at the workplace constitutes an interference with the physical integrity. In addition, there could be data protection problems if sensitive health data were processed.
Obligation to test at the workplace: It could be implemented with the Corona Protection Ordinance
But a test requirement could be implemented if there are corresponding federal and state ordinances.
If the Corona Protection Ordinance NRW provided that branches such as hairdressers or music schools may only be opened in lockdown times if the employees had themselves tested regularly, a test obligation could apply in the companies.
This is the only way to ensure that the company can remain open.
+
Compulsory tests at the workplace could be implemented if the federal and state governments so decide.
© Sebastian Gollnow / dpa
If employees then refuse the corona test, they could be denied access to the workplace and even wages, according to wa.de *.
Accordingly, company interests would then take precedence over personal interests.
There are already similar requirements in the corona protection regulations of the federal states.
Employees in nursing professions and in clinics are obliged to have themselves tested regularly.
Obligation to test at the workplace: the employer is obliged to take protective measures
However, it is difficult to enforce compulsory testing without corresponding guidelines from the country.
After all, there is hardly any obligation to test in employment contracts, collective bargaining agreements or company agreements.
But there can be exceptions.
Arndt Kempgens, a lawyer in Gelsenkirchen, told wa.de *: Employers are "obliged to take protective measures against their employees".
This means that the boss has a duty to take measures to protect employees.
This obligation could result from the federal-state resolution of March 24th, where a test offer recommendation was made for employers.
But whether this recommendation takes precedence over personal rights is unclear, the Federal Labor Court has to decide if no further requirements are decided at the next federal-state conference.
Video: After the Easter break - NRW introduces compulsory corona testing in schools
Obligation to test at the workplace: Altmaier prefers to wait and see first
However, it has not yet emerged that a test obligation for employees will be stipulated in the Corona Protection Ordinance.
Although some politicians and unions are in favor of compulsory corona testing, Economics Minister Peter Altmaier (CDU), who prefers to wait and see first (all news about the corona virus * in NRW at RUHR24), is opposed to this.
As
reported by
the
Tagesschau
, the minister is trying to convince the employees that the tests are necessary.
He relies on voluntariness.
In addition, it would take months to carry out an effective control of the mandatory test.
And by then, significantly more people have been vaccinated against the corona virus, so that testing is no longer necessary.
* RUHR24 and wa.de are part of the IPPEN.MEDIA editorial network.
