Coronavirus – the act on employers’ right to require employees to present a valid corona passport or to be tested for COVID-19 was recently adopted

Parliament recently passed the bill entitling employers to require employees to present a valid corona passport or to be tested for COVID-19.

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No substantive amendments have been incorporated into the bill during the second and third readings of the bill in Parliament, but there are a few new preparatory notes. The description of the bill in our previous article, which is available here should therefore be read in conjunction with the additions below.

During the readings of the bill, the Minister for Employment answered a number of questions. For example, he stated that employees' right to refuse testing at the workplace and instead be tested outside the workplace does not apply in the case of self-testing. Employees can therefore only refuse to be tested at work if the test is carried out by the employer or co-workers.

In addition, it was made clear, among other things, that employers can impose a continuous requirement on employees to present a valid corona passport or to be tested for COVID-19 for a period of time. However, it is a condition for a continuous testing requirement that the requirement remains justifiable throughout the period, and employers should therefore be careful to assess the justification of such a requirement on an ongoing basis.

The new act entered into effect on 26 November 2021 and will remain in force until 11 December 2021, at which date it is due to be repealed. However, it is expected that the repeal of the act will be postponed as long as COVID-19 is classified as an illness posing a critical threat to society.

The content of the above is not, and should not be a substitute for legal advice.

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