Pandemic: Workplace 3G rule comes into effect

The new Infection Protection Act with rules for 3G in the workplace comes into force this Wednesday. Employees should only have access to companies if they have been vaccinated, recovered or tested.

Vaccinated and convalescent people have to prove this – for example with the yellow vaccination certificate, vaccination certificate via an app or proof of recovery. Unvaccinated people who cannot work from home must provide their employer with a daily test (or a maximum of 48 hours old PCR test). A self-test on site under the supervision of the employer is also possible.

Employers are responsible for checking evidence before entering the workplace. Companies must check and also document the 3G rules on a daily basis. Employers should also offer free tests at least twice a week.

Short-term implementation criticized

Business associations criticize the high level of effort involved in the controls and the short-term implementation. Some companies only want to check evidence on a random basis in transitional regulations.

Data protection officials also see unanswered questions: “In most cases, it would have been enough to allow employers to control anything at all,” complained the Federal Data Protection Commissioner Ulrich Kelber. Instead, the companies are obliged to monitor permanently, nationwide and under the threat of a fine.

Home office obligation is coming back

With the 3G rule in the job there is also an obligation to work from home: where there are no operational reasons, work from home should be made possible. Such reasons could exist if operational processes would otherwise be significantly restricted or could not be maintained at all – for example in the case of repair and maintenance tasks. Employees, in turn, have to accept an offer from the employer, provided there are no reasons to the contrary.