Infection Protection Act: 3G will apply in the workplace from Wednesday

Status: 11/19/2021 2:15 p.m.

With the new Infection Protection Act, the 3G rule at the workplace will apply from next Wednesday: Before entering their workplace, employees must prove that they have been vaccinated, recovered or tested negative.

After the Federal Council has approved the new Infection Protection Act, stricter rules at the workplace will come into force in the middle of next week, according to the Federal Ministry of Labor. “In order to better protect employees, 3G will apply in the workplace from November 24th,” the ministry said on Twitter. From Wednesday, employees must therefore prove that they have either been vaccinated, recovered or tested negative before entering their workplace. The only exceptions are when employees have themselves tested or vaccinated in the workplace.

According to a spokeswoman for the Federal Ministry of Labor, companies are not allowed to directly query the vaccination status of their employees – with a few exceptions – 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.

The rules are intended to help curb the recent massive increase in the number of infections. According to the ministry, employees are “responsible for ensuring that they can present valid 3G certificates”. Accordingly, “the free citizen tests or test offers from the employer” can be used.

Unvaccinated people have to provide evidence of the test themselves

In case of doubt, unvaccinated persons must provide evidence of tests themselves on all working days. “If the employer only provides self-tests for self-use that are not carried out under supervision, this is not certified evidence,” the ministry told the “Welt”.

DGB supports the obligation to test proof

The German Trade Union Confederation (DGB) supports the obligation to test proof for employees. “Since there are other free instruments to protect against infection – first and foremost vaccinations – employees are called upon to take advantage of this opportunity,” said DGB chairman Reiner Hoffmann. The usual rule that the employer pays the costs of occupational health and safety does not apply here without restriction.

The President of the Federal Chemicals Employers’ Association (BAVC) does not see any entitlement to continued payment of wages and home office for employees who are not vaccinated and who refuse to be tested before starting work. “3G in operation must be designed in a legally secure manner”, demanded BAVC President Kai Beckmann in the “Bild” newspaper. Companies need to know who is vaccinated and who is not. “And anyone who does not want to be tested as an unvaccinated person has no right to payment or home office. That must be clearly regulated.”

3G rule at work from next Wednesday

Volker Finthammer, DLF, 18.11.2021 · 07:30

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