Dr. Mückstein, the former Minister of Health, issued his final Corona regulation before leaving office. The Covid-19 Basic Measures Regulation (effective from March 5th, 2022) includes federal public health measures to prevent the spread of Covid-19. The regulation eliminated most Corona restrictions at the workplace - including the 3G rule. However, 3G continues to apply to areas requiring special protection.
Voluntary retention of 3G
Employers can still require compliance with 3G at the workplace. This is based on the general duty of care towards their employees. However, in order to maintain 3G, employers require the consent of the works council or - if none has been established - of all employees. If the works council or the individual employees do not give their consent, employees do not have to fear any disadvantages (e.g. dismissal) due to the refusal to comply with 3G.
Testing ordered by employers in addition to 3G will - if it serves to protect other employees in accordance with the duty of care - fall within the sphere of the employer. Therefore the employer bears the cost risk . Due to the suspension of the CoV vaccination obligation, it can be assumed that this also applies to unvaccinated employees and that time spent on testing does constitute working time.
FFP2 masks mandatory
The general collective agreement on Corona measures stipulates that if employers require employees to wear a mask, they can be exempted from this requirement by providing proof of 3G. This regulation is valid until April 30th, 2022.
Special arrangements for vulnerable sectors
In areas requiring special protection, such as retirement and nursing homes and hospitals, 3G continues to be mandatory in the workplace.
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