In Altötting it already applies: the new Corona regulation of the Free State. For three days in a row, the district was above the seven-day incidence of 35, which is why one of three Gs has been required for many things since Monday. Those who have not been proven vaccinated, recovered or tested can no longer go to the hairdresser, for example. But the employees in the salon are allowed to continue snipping without 3-G proof – even though they come as close to the customers as they do to them.
Who needs the three Gs when and who doesn’t? With the publication of the revised Infection Protection Measures Ordinance, the question marks regarding the Corona rules are once again large. Also because the so-called 3-G rule does not always seem plausible – for example in the case of services that are close to the body. Keeping your distance is difficult when it comes to hair and foot care. Nevertheless, only the customer side has to provide 3-G proof. Schoolchildren, on the other hand, even have to show a negative test certificate twice a week from the new school year on in order to attend classroom teaching, regardless of the incidence.
So special sausages for the economy? It’s not that easy. Since the outbreak of the pandemic, lawyers have been arguing what the state and companies may prescribe due to the corona. In fact, the current ordinance does not require employees to provide evidence. This is also confirmed by a spokesman for the Chamber of Crafts for Munich and Upper Bavaria. In addition, “for reasons of data protection, employers are not allowed to request any information from their employees about their vaccination status”. In addition, labor lawyers refer to the freedom of occupation and the right to physical integrity.
However, the federal states can issue exceptions, for example in the medical or nursing field. The relevant legal basis would have to “withstand a legal review”, writes the Verdi union on its information portal. For this reason, the Bavarian Administrative Court (VGH) declared the Bavarian infection protection regulations to be ineffective in March. She had asked employees in homes to be tested three times a week, even if there was no specific suspicion of infection. But the VGH found that such a suspicion does not simply exist among those affected.
At the time, however, the court was not bothered by the obligation to test for visitors: the effort involved was reasonable. Companies can also theoretically issue exceptions and, for example, use house rules to deny access to unvaccinated and untested people. However, this is unlikely to be possible for supermarkets, transport companies and other businesses that offer everyday items. Company canteens are also a special case. If they are accessible to the public, they are treated like catering establishments; one of three Gs is also required for the visit if the incidence is over 35.
Exceptions also apply to children and young people. On the one hand, in Bavaria only children under the age of six are generally excluded from the 3G rule; on the other hand, no vaccine has yet been approved for children under the age of twelve. On Monday, the Ministry of Health declared that during the summer holidays, all students are allowed to go into the indoor areas of swimming pools or bars without tests. Instead, you will need to present a student ID or student ticket. The tests at schools and daycare centers will continue to be free in the future.
In view of the complex requirements, the review of the 3-G rule is almost sobering. The companies are obliged to have customers show them the relevant certificates beforehand. However, they do not have to document the evidence. So if the health department wants to punish violations, it will have to catch the culprits in the act.