COVID-19: New requirements demand a negative COVID-19 test for foreign workers entering Denmark from high-risk countries

BACKGROUND for THE NEW Measures

The increased infection rates and local outbreaks have led the government to introduce new restrictions to prevent the infection rates from increasing. Some of the measures are directed towards foreign workers, as the latest measurements from the National Institute of Public Health show that in the recent weeks, an increasing number of people of Polish descent has been infected with COVID-19.

The measures include e.g. establishment of movable test facilities for larger workplaces and accommodations, following the implementation of stricter COVID-19 supervision in workplaces, where the workforce primarily consist of foreign workers, as well as an increased focus on the workers' housing conditions.

The requirement for a NEGATIVE COVID-19 TEST 

With effect as from 26 October 2020, the Government introduced a new requirement demanding that workers residing in high-risk countries must present a negative COVID-19 test in order to travel into Denmark. The test must be carried out no more than 72 hours before entering Denmark.

The list of high-risk countries is continuously updated by the National Institute of Public Health, and in the institute's latest assessment, all EU countries were categorized as high-risk countries apart from the Baltic countries, Norway, Sweden, Germany, Finland, Greece and Cyprus.

From now on, an intensified random check will be carried out at the border, where entrants from high-risk countries who cannot present a negative COVID-19 test must, as a starting point, expect to be rejected at the border. During the first days after the requirements come into force, the staff at the border will, however, enforce the requirement while taking into consideration that the entrants must have the opportunity to comply with the rules.

ARE ALL employees SUBJECT TO THE RESTRICTIONS?

Danish citizens and people residing in Denmark will continuously be able to travel into the country regardless of purpose and without presentation of a negative COVID-19 test.

In addition, commuters who cross the border on a daily basis aa well as freight transportation will be exempted from the requirement to present a negative COVID-19 test to ensure continuous supply to Danish companies.

If you have questions about the new restrictions or any other employment law issues, please do not hesitate to contact Lund Elmer Sandager’s specialists in employment law, Partner, Attorney Michael Møller Nielsen, Attorney Julie Flindt Rasmussen or Assistant Attorney Marta Valgreen Knudsen.