Are workers required to get vaccinated against COVID-19 for their job? Can a vaccination appointment be made during working hours? What is the situation with the salary? Do employers have to provide rapid tests on a regular basis?
Is there a vaccination requirement?
No, there are currently in Germany no statutory vaccination requirement. In the Corona vaccination ordinance The right to vaccination against SARS-CoV-2 is exclusively regulated. According to the current situation, it is also not expected that compulsory vaccination will be introduced.
Can employers require a corona vaccination for their job?
If people do not work in certain employment groups, such as in a nursing profession, employers cannot require a corona vaccination. Compulsory vaccination is a serious intervention in general personal rights and physical integrity. This cannot therefore be forcibly enforced. The principle of voluntarism also applies here.
Is it allowed to make a corona vaccination appointment during working hours?
As a rule, the exact date of the corona vaccination cannot be freely chosen. Employees therefore have the right to meet the specified vaccination appointment if it takes place within working hours. However, they must inform their employers as early as possible about their absence from work.
Does a corona vaccination appointment have to be paid during working hours?
That depends on the respective employment contract. In principle, employees who are temporarily unable to carry out their work for personal reasons and through no fault of their own lose their Right to compensation not. However, collective and individual contracts often exclude this claim. Therefore, whether absenteeism due to a corona vaccination appointment is remunerated must be checked individually.
Can measures be taken if employees do not want to get vaccinated?
No corona vaccination requirement, no measures: Employers may not take steps against their employees if they are not vaccinated against COVID-19 or do not plan to do so. The employment relationship therefore remains unchanged.
How are unvaccinated workers remunerated?
Employers have the option of denying unvaccinated employees access to company premises, for example. For example, when vaccination appears absolutely necessary for work performance and otherwise risks for third parties (vulnerable or vulnerable groups) may arise. In these circumstances, payment may be declined. In all other cases, employers must continue to pay their wages normally if the employees otherwise offer their work properly.
Are employers allowed to request information about the vaccination status of their employees?
Employees do not owe their management or colleagues any information about their corona vaccination status. Information about this is voluntary. Without compulsory vaccination, employers are therefore not allowed to collect and process their employees' health data without their voluntary consent. In addition, employees must not be discriminated against, nor must they suffer advantages or disadvantages if they voluntarily reveal their vaccination status.
Are employees entitled to a free rapid test at work?
All employers have been working since April 22, 2021 legally required to do soto offer their employees a rapid corona test at least twice a week. The prerequisite for this is that employees do not work exclusively in their homes.
Do you have any further questions about the individual topics? Do you need more detailed information or would you like to have the terms of your employment contract checked? Our employment law lawyers will be happy to advise you.
