The federal and state governments have agreed on 3G in the workplace. The new corona rule can be expensive for unvaccinated people – there is even a risk of termination.
Berlin – Now it is official. On Thursday (November 18th, 1021) the federal and state governments decided on new corona rules at the corona summit. On Friday (November 19th, 2021) the Federal Council gave the green light for the new Infection Protection Act. It is therefore clear that the corona measures in Germany are now being significantly tightened. Federal Health Minister Jens Spahn (CDU) emphasized on Friday that one was in a “national emergency”.
Among other things, 3G is to be implemented nationwide in the workplace. For the time being, nothing will change for those who have been vaccinated against Corona and those who have recovered. Unvaccinated people, on the other hand, have to be prepared for some innovations. Due to the 3G rule at work, you will need negative test evidence every day in the future. This is checked and documented by the employer. But that brings with it some problems and questions.
3G at work: Unvaccinated people have to show a negative corona test
The 3G rule obliges unvaccinated people to be tested daily. If employees refuse to comply with this obligation, they must switch to the home office or be otherwise employed. As reported by infranken.de, in an emergency it is even possible to take leave without paying wages or to give notice.
In addition, there are potentially enormous costs for the unvaccinated. Because: So far, employers are only obliged to bear the costs for at least two tests per week for employees. It has recently become possible again to be tested free of charge in community centers at least once a week. However, the employee has to pay for each additional test himself. It is still questionable to what extent the federal government will provide financial support here.
Corona rule: How should 3G be implemented in the workplace?
The new 3G rule in the workplace applies to all companies, no matter how many they employ. In the companies there will then be one or more representatives who should check the negative test evidence of the unvaccinated before starting work. For Federal Labor Minister Hubertus Heil (SPD), the introduction of 3G in the workplace is essential, as he emphasized.
However, this entails some expenditure of time for both sides. Many companies therefore rely on employee data storage, for example with a company ID. This contains the data on the vaccination status. It remains to be seen whether this can also work every day with negative test evidence.
3G at work: what happens if an unvaccinated person refuses the compulsory corona test?
If employees refuse to test, it becomes legally complicated. The German Trade Union Federation writes: “However, whether the state regulations that introduce mandatory testing are compatible with higher-ranking law is partly controversial.” The DGB quotes from the judgment of the Bavarian Administrative Court (decision of March 2, 2021): The court said that a specific suspicion of infection was required for the test to be compulsory, but this could not be generally accepted here. “
In other words: Employees can definitely refuse to take a test. However, it can be assumed that employers will seek a conversation in order to find a solution together – such as working from home. As the BR reports, in certain cases (for example, when there is a lot of customer contact), employers can require their employees to be vaccinated or recovered.
The employer must assign other work to those who have not been vaccinated. To do this, however, employees must disclose their vaccination status. (nc)
