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Reader question:
– Can an employer require workers who have not been vaccinated to take the rapid COVID-19 test on a daily basis? At the moment, rapid antigen tests are provided by the employer himself for free, but reported that as of September 1, they will have to be purchased by the employees themselves and performed every day.
The test will cost 2.9 euros, which means that the employee will spend such an amount per month that it will not be worth working for him (salary: 600–700 euros). Does the employer legally require daily tests and will he have the right to request payment for the tests?
Can you foresee such a mandatory procedure in internal company documents? What to do in this case for the employees?
Answered by LJAA Board Member, Attorney Ramunė Juškaitė:
– In order to control the spread of the so-called delta strain of COVID-19 in Lithuania, as of July 26. An expanded list of works and activities has come into force, whose representatives are obliged to carry out periodic preventive inspections of communicable diseases for which a state emergency and / or quarantine has been declared.
Non-sick and unvaccinated workers from COVID-19 must undergo regular medical examinations in certain sectors or activities.
If the employee refuses or fails to perform the required periodic tests for other reasons, the employee may be suspended from work.
When answering the questions posed by the reader, it is important to emphasize that from now on periodic tests are required for employees working in international freight, public transport and passenger transport companies, as well as for people engaged in leisure and entertainment, culture, art. services (organization of events and visitor service).).
The requirements also covered the catering and retail sectors. Employees of public administration entities, military professional military service and employees whose activities are related to the management of the massive influx of foreigners, which has been declared an emergency at the state level (constant direct contact with these foreigners), must also undergo regular health checks. exams.
Mandatory periodic health inspections must be carried out no more than every 7 days and at least every 10 days since the last health inspection, taking into account the epidemiological characteristics of the communicable disease for which a state of emergency and quarantine has been declared.
Therefore, in view of the planned periodic medical check-up, the employer does not have the right to require workers who have not been vaccinated or infected with COVID-19 to undergo a rapid antigen (coronavirus) test more frequently (i.e. , daily) than in 2021. July 14 In Resolution of the Government of the Republic of Lithuania No. 559.
With regard to mandatory rapid antigen (coronavirus) tests by employers, it should be noted that such actions by employers are necessary measures to ensure safety at work, therefore, the employee cannot be forced to buy a rapid antigen test (coronavirus) from the employer and pay for it personally.
The State Tax Inspectorate of the Republic of Lithuania (STI) takes the same position, indicating that the tests and their performance are related to occupational safety, therefore such costs are deducted from the tax base.
All expenses and services, including employee coronavirus screening, are included in the allowable deductions.
Due to changes in the legislation regulating the situation of COVID-19 risk management to control the spread of COVID-19 in the country, employers were forced to review and update the documents of local companies that provide internal procedures. , etc.
Employees and other responsible persons must know these rules by means of signature or electronic means and must comply with the obligations established therein and follow the principles established in the rules in the performance of their work functions.
It is important to note that the local company documents updated by the employer or recently adopted (for example, internal regulations) cannot, in principle, contradict the legislation (mentioned in the Government Resolution, etc.) that governs the management of COVID-19 risks, so the employer cannot provide daily, employee-funded testing procedures in local business documents and require employees to follow these procedures.
NOTE. Answers are general in nature, prepared based on the question provided, and do not constitute individual legal advice.
