3G Rule in the Workplace: What Workers Should Know Now
Status: 11/19/2021 3:37 p.m.
3G rules in the workplace are intended to help break the chains of infection in the future. But how are controls carried out at the workplaces? And what happens if employees fail to observe the requirements? The answers at a glance.
Who does the rule apply to?
The requirements apply to employees as well as civil servants, judges and soldiers, for example. According to the Federal Ministry of Labor, the home office is not a “place of work”, as are jobs in vehicles. Otherwise, the 3G rule not only includes, for example, the office, but also places outdoors on the company premises. Construction sites are also considered workplaces, as are storage rooms, canteens or accommodation.
How is it controlled?
Basically, employees and employers themselves are only allowed to enter a workplace if they have proof of their 3G status with them. There are only two exceptions: either to be tested in the workplace or to be vaccinated. According to the Ministry of Labor, the 3G obligation to provide evidence “also applies to employees who cannot be vaccinated for medical reasons”.
The employer is responsible for checking the evidence. He may, however, also “delegate them to suitable employees or third parties” in compliance with data protection regulations.
The controls should focus on the validity of the test evidence. Because anyone who has not been vaccinated or recovered has to show a negative test every day. Vaccinated or Genesis can be exempted from daily access controls once the employer has checked and documented their evidence.
What data does the employer ask for?
According to a spokeswoman for the Federal Ministry of Labor, companies are not allowed to query the vaccination status of their employees directly, even with the new 3G regulation. However, employers must request proof that one of the 3Gs is met. So if you don’t want to reveal your vaccination status, you have to show a negative corona test.
According to the new Infection Protection Act, the principle of data minimization should apply as a middle way: According to the Ministry of Labor, it is sufficient to “check off” the first and last names of the employees on a list on the respective control day if the evidence has been provided.
For vaccinated and convalescent persons, the status only needs to be documented once; for those who have recovered, also with the end date of their status. 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, writes the Federal Ministry of Labor.
The data must be deleted no later than six months after collection. In addition, employers must ensure that the data does not reach unauthorized persons or even colleagues.
Is a self-made rapid test enough for unvaccinated people?
No. A rapid test that is no longer than 24 hours old is required, which is carried out by a “service provider” that complies with the Coronavirus Test Ordinance – this includes public test centers or medical practices. Self-tests in the company under supervision or by third parties commissioned by the employer are also possible. This is to ensure that the tests run properly. PCR tests must be performed a maximum of 48 hours ago.
Do employers pay grants for the tests?
No. Employers are only obliged to check the 3G certificate before entering the workplace and to document these checks. The regulations of the Infection Protection Act do not result in any further effort for the employer. However, he must allow home office for office work or comparable activities, unless there are compelling operational reasons to the contrary.
What threatens if employees do not observe the requirements?
The Infection Protection Act provides for a fine of up to 25,000 euros in the event of violations of the obligation to monitor and carry 3G evidence. According to the Federal Ministry of Labor, employees who cannot or do not want to present a 3G certificate and therefore do not perform any work must “generally fear consequences under the law of termination”. Those who are unable to perform their work should therefore also “generally not have any entitlement to remuneration”.