Corona measures
Questions and answers about 3G in the workplace: Violations could result in loss of wages
Anyone who works in the office must be vaccinated, recovered or tested
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The new Infection Protection Act provides for a 3G regulation in the workplace. What happens in the event of a violation? And who controls it? The most important questions and answers.
The Bundestag passed the new Infection Protection Act with the votes of the traffic light parties. Among other things, a 3G regulation in the workplace is planned. Employees should also work from home if possible. If the Federal Council gives the green light on Friday, the changes will apply from next week. The most important requirements for employees:
Corona measures: what applies to the workplace?
A new paragraph provides for “nationwide uniform protective measures” in order to contain the spread of the pandemic. Workplaces in which physical contact “with one another or with third parties cannot be excluded” may therefore only be entered by employers and employees who have been vaccinated, recovered or tested (3G). This requirement also applies to transports organized by the employer for employees to or from the workplace.
Anyone who accepts a test or vaccination offer immediately before starting work in the company may also enter it beforehand. Otherwise, proof of vaccination, proof of recovery or a test certificate must be kept available for control or deposited with the employer. PCR tests must be a maximum of 48 hours old, rapid antigen tests 24 hours.
How often are checks carried out and what happens in the event of violations?
The draft law states that employers are obliged to monitor compliance with the requirements “by means of verification checks on a daily basis and to document them regularly”. Otherwise there is a risk of a fine.
Employees and visitors to medical facilities are obliged to submit the required evidence. If employees refuse to accept the 3G rule, employers can try to make it possible to work without contact with other people. Labor Minister Hubertus Heil (SPD) pointed out that unvaccinated people without a current test face financial consequences: Then, for example, continued payment of wages is in question. The Greens emphasized that redundancies could not be ruled out in the future.
How are the tests going?
So far, employers have been obliged to offer their employees at least two tests per week. In addition, there has recently been the option of being tested once a week in community centers free of charge. The employees could incur costs for any necessary further tests – employer representatives have already emphasized that they do not want to cover the costs.
What about data protection?
So far, employers have only been able to query the corona vaccination status to a very limited extent. But now employers should be able to process personal data on vaccination and test jams and use it to adapt hygiene concepts. If you do not want to disclose your vaccination status, you have to switch to the daily tests.
Is there an obligation to work from home again?
Yes, if possible. In the case of office work or comparable activities, employers must offer employees to carry out these activities at home “if there are no compelling operational reasons to the contrary”. According to the text of the law, employees must also accept this offer if there are no reasons to the contrary on their part.