Sport Quarantine judgment for returnees from Corona risk areas

18:50  10 august  2022
18:50  10 august  2022 Source:   dw.com

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Employers who impose tougher quarantine rules for holiday returnees from Corona risk areas than provided for by the authorities may not lock out without payment. The Federal Labor Court decided on Wednesday in a fundamental judgment in Erfurt.

Die Abstrichlösung wird auf den Teststreifen gebracht. © Andreas Arnold/dpa The smear solution is brought to the test strip.

The plaintiff, a vacation return from Turkey, had received a fourteen-day ban on entering for his company despite negative corona tests. A food manufacturer from Berlin provided the precedent for another Corona judgment of the highest German labor court.

The Fall

The Berliner had a lot undertaken after his vacation in the summer of 2020, which was then classified as a Corona risk area by the Robert Koch Institute (RKI): a PCR test after departure, one on arrival in Germany and Another certificate from the family doctor. He was Covid-19 and symptom-free, he was certified.

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Nevertheless, his employer did not let him go into the company after the vacation, asked for two weeks and did not want to pay the head of night cleaning during this time. On the other hand, the man complained - and also won the highest authority. His employer must pay him salary - exactly 1512.47 euros.

The Judgment

The fifth Senate with the presiding judge Rüdiger Linck decided that companies with a Corona hygiene concept that provides stricter rules than the official obligation to quarantine must continue to pay for employees in a ban on entering. The employer owes "fundamentally remuneration due to delay in acceptance", the decision says. “The employer finally“ set the cause of the non -performance of the work performance ”. In addition, the plaintiff was not given the opportunity to largely rule out an infection through another PCR test.

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The rules of employer

A hygiene concept developed by the group headquarters of the company specialized in frozen products stipulated that travel returnees from a risk area had to stay at home for 14 days. A one-time PCR test after the return would not be accepted. The employer also informed the employees about countries that were classified by the RKI as a risk area. With a quarantine, employees would lose their claim to wages.

In the labor court proceedings, the employer argued that he had made the company quarantine order due to a "comparatively high risk of a wrong negative test result".

What the authorities said

The responsible health department had informed the plaintiff at his request that travel returners from Corona risk areas were then excluded from the obligation to quarantine if they could show a current negative corona test. It referred to the regulation of the State of Berlin from June 2020. A medical certificate and the current laboratory findings were to be presented.

The legal aspect

was legally concerned whether the plaintiff properly offered his workforce, but was wrongly not accepted it by the employer. This results in obligations to pay wages or not. Lawyers speak of "default of acceptance".

What currently applies

, according to the RKI, only the category of virus variants areas have been available since the beginning of June 2022. The category of high -risk areas has been omitted. In principle, returnees no longer needed proof that "they are vaccinated, recovered or tested, provided that the entry is not from a virus variant".

Corona incidence in Hesse continues back .
The Corona incidence in Hesse has dropped again this week. The number of new infections reported per 100,000 inhabitants within seven days was 375.9 on Friday, according to the Robert Koch Institute (RKI). According to the Hessian Ministry of Social Affairs, the value was still 402.8 a week ago. According to RKI, the number of registered Corona infections in Hesse since the beginning of the pandemic was 2,380,975. This means a plus within a week of 25:309.

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