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SedanStarting next Saturday, a mask is required in the office and administration buildings in Berlin. According to the Senate, the reason for the new crown regulation: According to official information, the number of infections with Covid-19 has recently increased. Regulation should not work when working at the desk. However, as soon as an employee leaves their desk, they must wear mouth and nose protection. The regulation also causes discontent on social media. The question is asked over and over again: What consequences are there to fear if one does not adhere to the new rule? Is there the threat of a warning or even dismissal?
In a contribution by specialist labor law attorney Alexander Bredereck and Attila Fodor, all official crown-related requirements such as “distances, mask requirements, hygiene concepts” are said to be implemented in the workplace. And further: “If the employer is obliged to take a Crown-related action due to official instructions or a risk assessment, it can require it of its employees. If employees do not comply, they commit a breach of duty to which the employer can respond with warnings. ”
For lawyers, it is clear: “If an employee refuses to wear the mask despite a warning, the employer may even have the right to terminate the contract.”
He basically says on the subject at DGB Rechtsschutz GmbH, which, according to its own information, provides legal advice and legal representation to more than six million trade union members and is a wholly owned subsidiary of the German Trade Union Federation (DGB): Employees in company facilities must wear respiratory masks. However, employees can refuse if the mask overloads them unreasonably. This could be the case for asthmatics, for example. ”
However, this statement was made before the new Corona regulation, so it is not yet clear to what extent medical certificates can continue to waive the mask requirement. Or if the affected employee has to work from home.
“Ongoing payment until mask requirement is removed”
Attorneys Alexander Bredereck and Attila Fodor also address this issue. It says here: “But what if the employee presents a medical certificate stating that the mask is harmful to the employee’s health? In this case, is the employee allowed to remove the mask despite an effective mask requirement? “
Lawyers are of the opinion that an employee shouldn’t do that. In the case of an existing mask requirement, a medical certificate exempting the patient from the mask requirement “means that the employee is now deemed unable to work. Because for health reasons, she cannot perform the work that is owed to her under the employment contract; in Corona times, this includes working with a mask, if ordered effectively. ” According to the lawyers, a doctor would have to write the person concerned in this case as “unable to work”.
If the doctor doesn’t do that, “the employer would have to send the employee home and possibly continue to pay him until the mask requirement is removed or a way is found for the employee to be able to perform his job without a mask,” the officials said. lawyers.
Here at present we can only wait for a further development of the law, according to the knowledge of the lawyers there are sentences in this regard in mid-September.
