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Although in public hands: Charité University Hospital does not need a legal basis to enforce the 2G-plus rule at the summer party
Photo:
Paul Zinken / dpa
For its summer party, the Charité in Berlin is allowed to set stricter corona rules than usual.
The regional labor court (LAG) Berlin-Brandenburg decided in favor of the Charité in Berlin.
As before the corona pandemic, the Charité invited its employees to a summer party on July 1st.
The 2G-plus rule was a prerequisite for participation: guests had to be vaccinated or recovered.
If this was more than six months ago, a booster vaccination was required.
In addition, employees had to show a daily negative corona test.
An IT employee wanted to attend the festival without meeting these requirements.
He demanded admission by way of temporary legal protection.
The court now disagreed.
Particularly high protection requirements in clinics
Even in the case of a public clinic, such as the Charité University Hospital here, a legal basis is not required, the LAG Berlin decided.
The principle of equal treatment under labor law is also not violated according to the Berlin urgent decision.
Because the unequal treatment caused by the access rules is objectively justified.
This results from the Infection Protection Act.
According to this, there is a particularly high need for protection for clinics.
The LAG emphasized that it makes no difference to the risk of infection whether it is a meeting at work or at a company party.
This risk initially exists for the employees, but at the same time it is also an operational risk for the clinic.
The fact that the IT employee was not admitted to the summer party was of secondary importance.
yep/jur
