Read the newest update from November, 18th, 2021 here.
The introduction of a general 3G rule in the workplace has been in the media for several weeks, but is still a long time coming. "Vaccinated, tested or recovered" should also apply in the workplace in the future, the National Council has now decided last week as part of an amendment to the Covid 19 Measures Act. The resolution in the Federal Council is to be passed this week, the announcement in the Federal Law Gazette remains to be seen.
Current provision
Previously, the law allowed the 3G rule only in those workplaces where there is a significant risk of infection with SARS-CoV-2 because of the nature of the work and direct physical contact with others.
New provision
The planned amendment to the law will now make it possible for the 3G rule to be imposed for all places of work where physical contact with other persons cannot be ruled out. This will make the 3G rule possible for almost all companies in the future. However, currently already existing stricter general regulations, such as a 2G or 2.5G rule in night catering, will remain in place.
The exact modalities will be regulated in an regulation (3rd Covid-19 Measures Regulation), which is expected in the next few days. The 3G rule at the workplace will apply from November 1st 2021. A transitional arrangement until November 14th will provide for an obligation to wear an FFP2 mask at all times at workplace in the absence of a 3G certificate.
Exemptions from the 3G rule at the workplace should apply to those persons who have no more than two physical contacts outdoors of no more than 15 minutes. This could apply, for example, to truck drivers, foresters, etc.
Both employers and employees should be responsible for compliance with the 3G rule at the workplace. We recommend that employers provide for appropriate documentation of the evidence of all employees. Due to the introduction of the general 3G rule at the workplace, company tests are now also to remain free of charge for the time being - probably until March 2022.
What options do employers have if an employee refuses to comply with the 3G rule at the workplace?
Since the place of work (if physical contact with other persons cannot be ruled out) may only be entered when vaccinated, recovered or tested, there is also no obligation for the employer to continue to pay the employee without 3G proof, unless the activity can be carried out in the home o ffice or without contact with other employees.
Can employers terminate employees if they refuse to comply with the 3G rule at the workplace?
Termination in compliance with the statutory, collective bargaining or individual contractual deadlines is generally permissible. As a rule, employees will not be able to enforce an unlawful motive against the termination.
Can employers dismiss employees if they refuse to comply with the 3G rule at the workplace?
Dismissal without notice is not permitted for non-compliance with the 3G rule.
We will inform you about the exact implementation of the 3G rule at the workplace as soon as the regulation is available.
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