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US News I had a risk encounter: do I have to inform my employer about it?

07:50  27 november  2020
07:50  27 november  2020 Source:   finanzen.net

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It sucks and the pay is embarrassing but it does pay the student loans. My manager is shady and a little bit nuts. I do not want word somehow getting back I had a job interview two weeks ago ( I didn't get the job typical.) On the application, they asked if they may contact my current employer . I said "no."

What to do if the Corona warning app suddenly lights up red? Are you obliged to inform the employer of the risk contact?

DANIEL ROLAND/AFP/Getty Images © Provided by Finanz.net DANIEL ROLAND / AFP / Getty Images The corona warning app confirms: You had a risk contact - and now?

Suddenly the display of the Corona warning app no longer lights up green, but red - with the instruction to go into quarantine at home and inform the family doctor or the health department. You now officially had a risk encounter and are therefore more likely to have contracted the coronavirus. But not only with the Corona warning app, you can also find out about a risk encounter through family members, friends or work colleagues.

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If you have had a risk encounter - can you stay at work or come to work the next day as usual? Or, as an employee, are you obliged to inform the employer and the works council?

The legal perspective

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From a purely legal point of view, the employee can voluntarily decide whether to tell the employer about the risk encounter to protect his colleagues, according to the German Trade union confederation. He could then take the best possible measures to protect his employees as much as possible or he could move the employee to the home office for a few days to prevent a chain of infection. However, as long as it is not ordered by the health authority, you do not have to self-isolate due to a risk encounter. However, as soon as a positive test result is available, the employee is obliged to inform the employer of the result and to go into quarantine.

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However, other voices, such as those of labor lawyer Sebastian Schröder, owner of the Viersen law firm Emplaw, are also loud. He told the Handelsblatt: "Both employees and employers have mutual protection and consideration obligations." And in order to be considerate, the employer should theoretically be informed of the risk contact - voluntarily.

Can the employer force you to use the Corona warning app?

An employer cannot force its employees to install the Corona warning app, especially not on their private mobile phones. According to the commercial law firm Hogan Lovells, mandatory instructions for installing the app on the company cell phone are only permitted in exceptional cases. However, the employer can encourage employees to use the app voluntarily.

Just staying at home is not possible

However, staying at home immediately after receiving a risk warning or simply leaving work is not possible, according to the Handelsblatt. In addition, wages are not guaranteed in this case, according to the German Trade Union Federation. As long as there is no public order or a positive test result, no clear regulation has yet been made for the continued payment of wages in the event of a risk contact. Finanzen.net editorial team

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