New corona measures: 3G will apply in the workplace from Wednesday

21. November 2021 – 9:16 clock

New corona rules for the job

After that too the Federal Council has approved the new Infection Protection Act, applies from November 24th 3G in the workplace. This means: only vaccinated, recovered or tested employees are allowed access to the workplace. Unvaccinated employees without a test are even threatened with consequences. Employees need to know that now.

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Employer must check 3G rules on a daily basis

The new 3G regulation in the workplace applies to all companies, regardless of the number of employees. The employer must check the 3G rules on a daily basis – in principle before or when entering the workplace. Exceptions only apply if a test is carried out on site or a vaccination offer is accepted.

The 3G verification requirement also applies to employees who cannot be vaccinated for medical reasons.

This means: People without proof of vaccination or recovery must present a test certificate at the entrance every day. In the case of rapid or self-tests, the swab must not be taken more than 24 hours ago. PCR tests are valid for 48 hours.

However, the employer is still only obliged to provide two self-tests for personal use. Neither the employee nor the works council can oblige the employer to provide further tests or to operate a company test station. This means: Employees who have not been vaccinated or have recovered have to obtain the necessary test certificates themselves in the course of a working week if the employer does not offer them. The Federal Ministry of Labor points out, however, that citizen tests are free again.

Consequences of violating 3G rules

Violations by employers or employees are punished with a fine and can even have consequences under labor law for employees. “Those who chronically neither get vaccinated nor teach a test have no right to enter the business premises and must then expect that there will be no continued payment of wages – in case of doubt even consequences under labor law,” said Federal Labor Minister Hubertus Heil in the rbb .

The Federal Ministry of Labor also takes a position on this: “Employees who cannot or do not want to provide 3G evidence and consequently fail to perform their work must generally fear consequences under the law of termination. The principle of proportionality should, however, regularly require a warning first. If the employee refuses If the employee does not want to disclose his 3G status or if the employee permanently has to submit a 3G certificate, a termination can come into consideration as a last resort cannot prove and therefore cannot perform the work, he should not be entitled to any remuneration as a rule. “

That means in plain language: Unvaccinated people are not only threatened with loss of wages if they cannot prove a valid corona test and thus cannot get to their workplace. In the event of recurrence, termination could even be given.

Employer can query vaccination status

Unvaccinated or unrecovered employees are checked in particular in everyday working life. For the first time employers are allowed to query and process the data on the vaccinated, recovered or tested status in order to fulfill the control and documentation obligations. This means: Employees are obliged to truthfully disclose their status. Those who keep it silent have to submit a test every day.

Employers and employees must be able to provide 3G proof at any time

Once the employer has checked the proof of health or vaccination and has documented this control, employees with a valid proof of vaccination or health can be excluded from daily access controls. However, employees and employers themselves must have proof of vaccination, recovery or test ready for controls by the competent authority.

Does the 3G rule affect the home office?

According to the Federal Ministry of Labor, workplaces in the home office are not workplaces within the meaning of the new Infection Protection Act. Employees who work exclusively from their home are not required to provide evidence of this. A right of unvaccinated or unrecovered employees to work in the home office cannot be derived from the obligation to provide evidence.

No continued payment of wages in the event of corona disease for unvaccinated people

Employees who are not vaccinated and who contract Corona are not entitled to continued payment of their wages. “The consequence would basically already be clear under the current legal situation: Anyone who does not appear for work for reasons for which they are responsible cannot claim any wages for the lost work,” said employer president Rainer Dulger. (aze)

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