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Covid-19: Government is examining the obligation to provide information on the corona vaccination status in companies

2021-09-01T14:42:34.423Z


Companies should allow their employees to be vaccinated. There should be no obligation to vaccinate the boss - or should it?


Companies should allow their employees to be vaccinated.

There should be no obligation to vaccinate the boss - or should it?

Berlin - Employers in Germany will have to release their employees for a corona vaccination * in the future - but they should not be allowed to query the vaccination status.

However, the federal government is examining the introduction of a legal right for employers to receive information about the vaccination status of employees, as government spokesman Steffen Seibert announced on Wednesday in Berlin.

An amended Corona occupational health and safety ordinance by Labor Minister Hubertus Heil (SPD *) initially provides that information from employees about their vaccination or convalescence status remains voluntary.

Corona information obligation: Voluntary information on vaccination

Heils Ordinance advises employers to take into account the vaccination or recovery status of employees when determining company infection control measures.

Because fully vaccinated or recovered people would have a significantly lower risk of Covid.

They also have a lower risk of transmission.

The ordinance does not regulate which hygiene rules may be omitted for a vaccinated workforce.

However, the legislator expressly stipulates: Without such knowledge, “there is no complete vaccination or recovery status to be assumed”.


Corona: More efforts for vaccinations in the company

With the regulation, employers will be obliged to inform employees about the risks of Covid-19 disease and vaccination options from September 10th.

Employees are to be released to take advantage of vaccination offers.

Companies must also support their company doctors with vaccination.

Where there are no vaccinating company doctors, employees should be given a vaccination offer by mobile vaccination teams or medical practices.

Surveys have shown that over 30 percent of those who have not been vaccinated are ready to be vaccinated, according to the reasons for the regulation.

However, unvaccinated people sometimes see no risk of a serious illness or are afraid of side effects.

For these people, "a personal approach from a person you trust in the company" could be of help.


Corona: hygiene in the company

Whether the obligation to have company hygiene plans or the obligation to offer quick tests or self-tests at least twice a week, provided that employees are not in the home office - these rules continue to apply.

Heil said in the ARD *: "Tests are offered, but there is no right of employees to get a certificate and then go to the pub in the evening." Employers should continue to offer at least partially home office.

Where other measures are not sufficient, employers must provide at least one medical protective mask.

The Corona Occupational Safety and Health Ordinance is linked to the duration of the epidemic situation and has therefore been extended up to and including November 24, 2021.

Corona: Debate about vaccination or convalescence status

Heil said: “Acting in accordance with the rule of law means that an employer has no right to statements from employees regarding health data.” He should also not look at the medical files because these are very personal data.

At the same time, Heil spoke out in favor of pragmatic solutions.

For example, it is possible to set up a kind of 3G rule via the infection protection law at particularly sensitive workplaces - i.e. to require employees to prove that they have recovered, have been vaccinated or tested.

The Federal Data Protection Commissioner Ulrich Kelber considers a legally secure right of employers to be able to provide information - the employer does not have to know whether someone has been vaccinated, recovered or tested, only that one of three is true, said the SPD politician.


Corona: How the debate about the vaccination or convalescence status will continue

Health Minister Jens Spahn (CDU *) tends to change the Infection Protection Act so that employers can query the vaccination status of employees over the next six months. Behind the scenes, the coalition is now fiercely wrestling over the question of the right to information. Verdi boss Frank Werneke announced resistance to a “mandatory vaccination through the back door”. His fear: Those who have not been vaccinated or recovered will get problems if the status has to be reported to the boss first. Werneke demands: Even if a federal state like Hamburg allows "2G" as an option for restaurants, "3G" must continue to apply to employees - a test would go further, paid for by the employer.

The left-wing politician Jutta Krellmann also warned: “Sensitive health data are none of the employers' business.” BDA General Manager Steffen Kampeter, however, had called on the Bundestag to create the basis for vaccination information in the company.


Corona vaccination: obligation to provide information for certain employees

The German Foundation for Patient Protection insists on 2G in old people's homes and clinics.

"With the last Bundestag session on September 7th, the time window for the introduction of an obligation to provide information for employees in particularly sensitive areas will be closed," said Eugen Brysch.

In order to efficiently protect hospital patients and those in need of care, the vaccination and convalescence status must be available to medical and nursing staff.

A temporary solution would be enough.

According to a YouGov survey, 56 percent of people in Germany are in favor of employers being allowed to know whether their employees have been vaccinated against the coronavirus. 19 percent are against it. But 18 percent say it depends on the work situation.

(dpa) * Merkur.de is part of IPPEN-MEDIA

Source: merkur

All news articles on 2021-09-01

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