May 30, 2023


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Germany.  Vaccination certificates are mandatory in the workplace

Germany. Vaccination certificates are mandatory in the workplace

  • In addition, it is also planned to introduce the principle of 3G in workplaces (geimpft, genesen, getestet – vaccination, convalescence, test), where “unvaccinated people will have to take care of the test themselves every day” – adds WDR
  • The project assumes that in the case of office work, the employer must allow employees to perform work activities in their homes, as long as there are no “operational obstacles” preventing this.
  • In turn, employees must “accept this offer, unless there are contraindications”
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A similar solution regarding the mandatory dispatch of employees to the home office was previously in effect, from January 27 to June 30, based on the federal government’s regulation on occupational health and safety during the pandemic. The regulations currently in place for the “national pandemic” will expire on November 25. The government had previously announced that it would not be extended.

“Now the Bundestag must decide on this issue,” asserts the World Development Report. The head of the Green Party, Robert Habeck, is known to advocate tougher rules for the pandemic, and is also likely to support the Social Democrats. The World Development Report reported that “the position of the third partner in the coalition, the Free Democratic Party, remains unclear.”

The largest number of employees remained in home offices in April 2020 (the first shutdown) and from March to May 2021. Then, during the third wave of the pandemic, nearly a third of employees (30-31 percent) worked in home offices – according to data from Ifo Research Institute Economic.

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As Bild knows, unvaccinated workers who come into offices “must arrange the test themselves” by taking them daily. Labor law professionals point out that it will be legal. “If the legislature decides to adopt such a regulation, the employer will be able to refer to it,” says Alexander Breddick, a labor law expert, citing WDR.

As a result, anyone who does not abide by the third generation rules faces penalties such as being sent home and not being paid. Warnings and terminations will also be possible. However, it will not be possible to force employees to be vaccinated, because there is no obligation to mass vaccination ”, adds the lawyer.

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