Now things are to move quickly. After the prevailing legal view was that most German employers outside the medical and nursing professions could not even ask about their employee's vaccination status, the three political parties of the nascent new coalition are planning to introduce the so called "3G rule" in the workplace as a reaction to sharply rising infection rates and intensive care units filling up. The parties also plan to reintroduce the general home office obligation. In both cases, both employers and employees will be required to comply with the 3G rule and the home office obligation.
The Bundestag has already given its approval on November 18, 2021, and the Bundesrat is expected to give its approval on November 19, 2021.
Employees should only be allowed to enter the workplace if they comply with the 3G rule.
The law can enter into force on November 20, 2021 at the earliest if the Bundesrat approves the law on November 19, 2021.
The new rules should apply to all employers with workplaces where physical contact between employers and employees or with third parties cannot be ruled out.
Employee must now show proof of vaccination, recovery or testing. Employer must check this daily and document the checks accordingly.
Employees who falsify test results can be sentenced up to one year in prison. Employers who fail to carry out checks face fines of up to EUR 25,000.
Data of vaccination or recovery status may be stored for six months even without consent in compliance with data protection laws.
Please feel free to reach out to our Employment Team in Germany or your usual contact at Orrick to find out more or if you need any help.