Are you tested?
Unvaccinated people have had to ask themselves this in many areas since the introduction of the 3G rule.
Not (yet) in working life.
But the pressure is growing.
Munich * - In companies themselves there are no changes in terms of labor law due to the new regulation.
That says Simone Weber, lawyer for labor law in Munich.
“Companies must continue to ensure compliance with occupational health and safety in the company.” These include, for example, safety and hygiene concepts, wearing masks, as well as observing distances and test offers.
However, employers are not allowed to query the Corona * vaccination status of their employees.
“There is no legal basis for this, we are not required to be vaccinated,” says Weber, a lawyer.
However, she fears that the current status quo will not be easily maintained in the future.
“That depends on the overall development of the pandemic *.” If the numbers continue to rise and willingness to vaccinate continues to decrease, mandatory vaccination in some areas could perhaps be up for discussion.
"I am thinking, among other things, of body-hugging services such as hairdressing."
"There is no legal basis for this, we are not required to be vaccinated"
Simone Weber, lawyer specializing in labor law in Munich
Corona rules in Munich: compulsory testing in sensitive industries is already there - pressure on the world of work is growing
Smaller companies are relaxed about any tightening - everyone's vaccination status is mostly known, there is great confidence: "We are eight employees - everyone is vaccinated," says Ignatz Vogl from the Vogl butcher's shop in Haidhausen *.
In large companies or authorities, things should of course look different.
The city of Munich alone has almost 43,600 employees.
In sensitive industries, requirements for employees already apply.
For example, employees in old people's and nursing homes have had to undergo corona tests since August 16, unless they have been vaccinated or have recovered.
There is also a compulsory test for teachers.
3G rule in gastronomy "unfair" - Munich Dehoga boss calls for expansion to other industries
Christian Schottenhamel advocates extending the mandatory test to all industries.
“You could also ask companies to send unvaccinated employees to the home office or to introduce compulsory testing.
But there are no regulations for that. ”The Munich-based Dehoga chairman is annoyed that the 3G rule (once again) hits the catering industry the hardest.
“I think it's unfair that our industry is being used as a tool to drive people's willingness to vaccinate!” He fears another slump in gastronomy - especially if you have to pay for the corona tests from October 11th.
Vaccination bonus instead of compulsory testing: Handelsverband Bayern takes a critical view of the bonus - difficult under labor law
Another approach is the offer of a vaccination bonus by employers for employees willing to vaccinate, which is already common practice in the USA. From the point of view of the economy, such a bonus would also be welcome in this country - more people are vaccinated, the risk of a renewed lockdown would be minimized. But Melanie Eykmann from the Bavarian Trade Association knows that this is legally questionable. “In labor law, the so-called prohibition of disciplinary measures applies,” she says. Applied to this case: if an employee does not allow himself to be vaccinated (in a permissible manner), the employer must not make this to his disadvantage. (Daniela Pohl) * tz.de is an offer from IPPEN.MEDIA
