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Nor does he see this possibility with the teaching staff. This could not be forced to do by detours. However, it could very well be that the employer “sanctions you in some way” if the employee does not allow himself to be examined, for example by not being able to perform a certain activity. Teachers who cannot be evaluated may be required to wear an FFP2 mask if professional evidence is provided that it is necessary and appropriate.
It is questionable whether a legal obligation for the entire population would be constitutional. “In view of the fact that the test can only reflect a momentary state, the question arises whether such an intervention is proportionate.”
Health workers could be hired
In the opinion of labor lawyer Martin Gruber-Risak of the University of Vienna, health workers, for example in nursing homes or nursing homes, could be forced to participate in massive tests under the current legal framework; he also doubts that this also applies to teachers. . “Most likely, the obligation to be tested will be allowed when the risk of infection is very high or the consequences of infection are severe,” Gruber-Risak told the APA.
It’s always about making a weighing decision. If objectively justified, the employee may be asked to take a test. In the case of a bus driver transporting hundreds of people in a confined space, the obligation to carry out tests could be justified, for example, as is the case with waiters.
