More time for the family or lonely work at the desk: two years of home office have fundamentally changed working life. And although the incidence is over 1500, from March 20th, the home office obligation and other corona measures in the workplace will no longer apply nationwide. In future, companies will be able to assess the risk situation themselves and present appropriate hygiene concepts. This is provided for in the new Occupational Health and Safety Ordinance, which was passed by the Federal Cabinet on Wednesday and is to apply initially until May 25th. What employees need to know about the new regulations.
What rules will apply in the workplace from March 20?
So far, where there was insufficient protection, masks were mandatory. From Sunday onwards, companies should decide for themselves on protective measures such as distance and hygiene rules or a mask requirement. It is likely that in view of the high incidences, the companies will adhere to the AHA+L rule as basic protection. This formula provides for keeping your distance, observing hygiene, wearing a mask and airing.
Will I still need a test, vaccination or recovery certificate for the office in the future?
For a long time, it was mandatory for employees to show the 3-G certificate. But from March 20, this rule will also be dropped. Employers no longer have to check whether their employees have tested negative, have been vaccinated or have recovered.
Are companies still offering free corona tests?
Previously, employers had to provide free tests at least twice a week. This requirement is also no longer applicable – but companies can still offer tests for their employees voluntarily. The new ordinance encourages them to check whether they want to give employees one corona test per week.
How often can I still work in the home office in the future? Do I have a right to it??
If it was possible due to the type of work, the home office offer was previously mandatory. This requirement also expires next Sunday. However, this does not necessarily mean that you have to say goodbye to your home office. “Employers can continue to offer home offices,” says Tim Eller, a lawyer specializing in labor law from Munich. He therefore strongly advises employers and employees to come to an amicable agreement. For example, individual arrangements could be made between the two parties. “In the future, however, collective agreements such as company agreements on working from home are also conceivable,” says Eller. This way you can avoid later disputes.
And what if I don’t want to go back to the office at all?
“If nothing else has been contractually agreed between the employer and the employee, then the employee has no basic right to work from home,” says Eller. This means: The employer can order his employees back to the office. If the employee stays in the home office, a warning or even dismissal may be threatened.
“An exception to this would only be conceivable if, for example, there was a significant individual health risk in the company,” says Eller. Employers have a duty of care towards their employees. As soon as companies recognize a health hazard and working from home turns out to be the only and necessary measure, the employee can insist on working from home, says Eller.
What if the incidence continues to rise locally? Will everyone go back to the home office?
The same applies here: the employer decides which measures he wants to take to protect his employees. In the future, he will be able to orient himself more closely to the regional infection process. According to Eller, this represents a great burden for the bosses: “The legislator burdens the companies with the individual risk analysis and thus also with a considerable risk.” He therefore advises employers to make contractual arrangements where this is possible.
Furthermore, employers should inform their employees about the risks of corona infection. They should also inform them where they can get vaccinations and allow them to go to the doctor or vaccination center during working hours.