COVID-19: Employers can now legally require corona passports and tests for Covid-19

With the agreement, it was appointed that it is important that employers have the right tools to deal with the increasing spread of infection in society and in the workplace, so that the companies’ operation can continue, and employees can go to work safely.

Based on the agreement, the Government submitted a proposal on Thursday 18 November 2021 for a law on employers’ right to require presentation of valid corona passport, tests for Covid-19, etc., which has now entered.

The purpose of the law is, among other things, to provide employers with the necessary tools to limit the spread of infection and prevent any outbreaks in the workplace.

THE LAW IN BRIEF

Presentation of corona passport

The law states that as long as Covid-19 is categorized as a socially critical illness, employers may require an employee to present a valid corona passport.

Employers must, in accordance with relevant legislation and any collective agreements, inform the employees concerned in writing, that they will be required to present a corona passport as well as the employer’s reason for doing so.

It appears from the comments to the law, that as long as Covid-19 is categorized as a socially critical disease, the objectivity requirement for ordering employees to present corona passport is met. Thus, it is not necessary for the employer to state other than that Covid-19 is categorized as a socially critical disease in its justification.

THE REQUIREMENT FOR TESTING

The law also allows the employer to order an employee to be tested as soon as possible and provide information about the result, including the time of the testing, if the employee has tested positive.

It appears from the remarks to the law that the requirement for testing must be able to be taken into use by the employer if one of the following reasons is present;

• Objectively justified in the interest of limiting the spread of infection with Covid-19.
• Significant operational considerations that exist in relation to the company in question

A test imposed by an employer must, as far as possible, be carried out during the employee’s normal working hours and in accordance with the rules and guidelines laid down by the relevant authorities.

New opportunity for self-test

It is now also possible for employers to require employees to use self-tests in the workplace if these self-tests are CE-approved tests and as long as the test is used in accordance with the instructions for that test.

However, such self-tests will not result in a valid corona passport but can be an easy and quick way to test employees.

Employment law consequences

An employee who does not comply with a test requirement must be able to face employment sanctions. However, it is a condition that the employer has previously informed employees of any sanctions if employees will not be tested.

This is a general principle of employment law, as it appears from the management right, that following employees are obliged to follow the instructions laid down by the employer within the framework of the employment.

If you have questions regarding the corona passport and tests in the workplace, or any other questions regarding Covid-19 within employment law, please do not hesitate to contact our specialists Partner, Attorney Michael Møller Nielsen or Attorney Julie Flindt Rasmussen.