More corona protection in the workplace: That is the goal of the new 3G rules.
In addition, more employees should work from home again.
An overview of what applies to companies and employees.
Berlin - In the fight against the pandemic, stricter rules will soon also apply in the workplace.
“Only for those who have been vaccinated, those who have been tested and those who have recovered” is what the job says.
This has consequences especially for those who have not been vaccinated.
The goal: The spread of the coronavirus in companies is to be contained.
With the rules, which apply from Wednesday, there will be significant changes for employers and employees.
New controls
Employees should only have access to a company if they have been vaccinated, recovered or tested.
Vaccinated and convalescent people have to prove this - for example with the yellow vaccination certificate, a vaccination certificate via an app or a proof of recovery.
Unvaccinated people who cannot work from home must provide their employer with a daily test (or a maximum of 48 hours old PCR test).
A self-test on site under the supervision of the employer is also possible.
Obligations for employers
Employers are responsible for checking evidence before entering the workplace.
Companies should check and document the 3G rules on a daily basis.
Once the employer has checked and documented a recovery or vaccination certificate, the respective employees can be excluded from the daily checks.
Employers should also offer free tests at least twice a week.
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A rapid antigen test is no longer sufficient for areas or facilities in which the 3G rule applies and thus only vaccinated, convalescent or tested people have access.
Stricter corona rules apply in Hesse
DIHK: Corona rules in companies must be practicable
At the workplace, a 3G rule should apply in the future to protect against corona, according to the will of the traffic light coalition.
But how can this be practically implemented?
Essential questions are still unresolved.
DIHK: Corona rules in companies must be practicable
3G on the job: employees have to adjust to this
The corona numbers are rising, politicians are reacting.
This also has consequences for many employees.
What is planned - and what could threaten the unvaccinated if they do not come to work with the latest test.
3G on the job: employees have to adjust to this
Business associations see a lot of effort for companies.
"The new test regime presents our companies with major challenges," says Steffen Kampeter from the employers' association BDA.
The regulations for proving the status created legal certainty.
The envisaged storage option limits bureaucracy.
Criticism from privacy advocates
The Federal Data Protection Officer Ulrich Kelber is in favor of 3G in the workplace, but is bothered by the implementation.
"In most cases it would have been enough to allow employers to carry out checks at all." Instead, companies are obliged to carry out checks on a permanent basis, nationwide and subject to the threat of a fine.
🦠❗️ On November 24th, the new #Infection Protection Act comes into force and with it the rules for # 3GamWorkplaces.
Please think of your proof.
🔗 Answers to common questions: https://t.co/MKoLG2uCJ9 pic.twitter.com/OTe2G72hzR
- BMAS (@BMAS_Bund) November 23, 2021
"The specifications could have been clearer," says Baden-Württemberg's data protection officer, Stefan Brink.
There is a lot of leeway - for example, whether employers have to check all employees on a daily basis or whether random checks are sufficient.
It is also unclear whether visual checks are sufficient, lists are created or a comparison with the identity card is necessary.
"The lack of clarity is at the expense of the employees," criticized Brink.
A clean implementation by Wednesday would not make sense.
Quick implementation
Employers also complain about the implementation deadlines.
"Large-scale controls, for example for shift workers in production, are difficult to implement within a few days," says Kai Beckmann, President of the Federal Chemicals Employers' Association.
“We also want to prevent traffic jams at factory gates that could lead to infections.
At the same time, shifts in production have to be fully occupied. ”He speaks of an“ insane complexity ”.
Everyday hurdles
3G controls on the job become even more complex when they take place away from offices or factories - for example in the trades.
For many rather small businesses, the control effort should remain relatively manageable, says Hans Peter Wollseifer from the ZDH trade association.
"But in companies such as building cleaning or in the building trade, where most employees drive directly to the construction site and then often to objects and work locations that change on a daily basis, it should be extremely difficult." for 2G - so if necessary with a vaccination requirement at the workplace.
Sanctions
In the event of violations, employees face consequences.
Unvaccinated employees who do not bring valid evidence and refuse to take a test are not allowed to enter the company premises.
“The employer therefore does not have to pay any remuneration in this case, as the employee cannot perform any work,” says labor lawyer Gunnar Roloff.
The president of the employers' association Gesamtmetall, Stefan Wolf, told the television broadcaster “Bild Live” that if an employee refuses to do so for a longer period of time, he will no longer offer his work as part of his contract.
"Then the employer can terminate without notice."
Home office compulsory
In addition, there is an obligation to work from home: where there are no operational reasons, work from home should be made possible.
Such reasons could exist if the operational processes would otherwise be significantly restricted or could not be maintained at all - for example counter services for necessary customer and employee contacts or repair and maintenance tasks.
The employees in turn have to accept an offer from the employer, provided there are no reasons to the contrary on their part.
dpa
