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3G in the workplace: This now applies to companies and their employees

2021-11-09T15:32:20.680Z


The corona numbers are rising, politicians are reacting. This also has consequences for many employees. What is planned - and what could threaten unvaccinated workers.


The corona numbers are rising, politicians are reacting.

This also has consequences for many employees.

What is planned - and what could threaten unvaccinated workers.

Berlin - Unvaccinated people have to deal with stricter rules in the workplace.

The SPD, Greens and FDP are planning 3G - that means: only those who have been vaccinated or recovered or who have a daily test should be able to go to work in the future.

In Bavaria, these regulations already apply to companies with ten or more employees.

However, some sticking points for implementation across Germany have not yet been resolved.

The most important questions and answers at a glance:

3G at work: what should apply to unvaccinated people in the future?

Employees present at the workplace who have neither a vaccination nor a convalescent status should in future have to be tested daily for Corona.

This general 3G rule in the workplace is designed to help break the new wave of pandemics.

The new requirement is expected to be anchored in the Federal Infection Protection Act.

It is to be flanked by the reintroduction of free corona “citizen tests”.

3G in the workplace: how often will unvaccinated people have to test in the future?

So far, according to the Occupational Safety and Health Ordinance, employers have had to offer corona tests at least twice a week to all employees who do not work exclusively in the home office. However, there is no compulsory test for employees. In the future, daily tests will now be a prerequisite for unvaccinated people so that they can go to their workplace - or for employees who do not want to prove whether they have been vaccinated or have recovered. It is open who will finance these daily tests if employees do not take another free “citizen test” before starting work.

It is also unclear whether the employer should be able to find out at least temporarily which employees have been vaccinated.

So far, only employees in daycare centers, schools and nursing homes can be asked by the employer whether they are vaccinated.

The employers had already demanded the right to ask questions for all industries and companies.

3G in the workplace: what are the possible consequences of violations?


What happens if employees refuse or fail to present a daily test - and then cannot go to the workplace?

Can they then be exempted or do they have to fear other consequences?

That is an essential question that has not yet been resolved.

It is also unclear what happens if employers cannot produce the necessary documents during controls.

Peter Meyer, specialist lawyer for labor law, thinks it is conceivable that those who refuse to take tests will have to expect a warning or, in the event of recurrence, a termination.

The refusal could be seen as a breach of duty.


3G in the workplace: what do employers ask for?


A 3G rule at the workplace only makes sense with a right to information, emphasized the chief executive of the Confederation of German Employers' Associations, Steffen Kampeter.

And: If the employee does not meet his obligation to provide evidence, he will often no longer be able to be employed.

“The principle then applies: Without performance, there is no wage.

This is the only way to effectively guarantee in-house health protection. "

The managing director of the German trade association, Stefan Genth, demanded that the costs for the tests should not be passed on to the companies.

"Otherwise there is a risk of organizational and financial overload for many employers." The tests would have to be paid for by the state.

The hotel and restaurant association Dehoga hopes that a nationwide regulation could provide more legal certainty and clarity.

"This increases the acceptance of the measures by the employees", says General Manager Ingrid Hartges.

The current legal situation is confusing.


3G in the workplace: what are the unions saying?

The DGB chairman Reiner Hoffmann said that due to the currently “escalating infection situation”, effective protection against infections in the workplace is more important than ever: “In addition to the existing occupational health and safety measures, 3G access rules at the workplace can be an effective means of doing this.

The cost of the tests must continue to be borne by the employer and the testing must be part of the remunerated working hours. "


Employees in the workplace must be protected from infections as well as possible.

At the same time, however, the basic rights of employees should not be disproportionately interfered with.

The DGB therefore rejects the obligation of employees to provide information about their own corona vaccination status, said Hoffmann.

"Nevertheless, we recommend that employees voluntarily disclose their vaccination status."

3G in the workplace: is 2G coming soon?

This is not yet planned.

Lawyer Meyer considers the implementation of a general 2G regulation in the workplace in Germany to be particularly difficult.

“Such a regulation would mean that an employee would no longer be allowed to work if he were to exercise his right not to be vaccinated.” In this respect, 2G would indirectly “cut” employment opportunities at the workplace, which in many cases would be disproportionate.

(dpa)

Source: merkur

All news articles on 2021-11-09

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