Requirement to present valid corona passport
The government has introduced a new act that implements the tripartite agreement that was made on 12 November 2021(1) and gives employers the right to require employees to present a valid "corona passport". According to the preparatory notes to the act, as long as corona is classified as an illness that poses a critical threat to society, employers will be justified to implement such a requirement.
Requirement to disclose covid-19 test results
Employers will continue to be able to require employees to be tested for covid-19 and disclose the test results as quickly as possible, a right that was already provided for under the previous special act. Employees may also be required to disclose positive results if a test has been taken during their leisure time.
A test requirement must still be reasonably justified by considerations of preventing the spread of covid-19 or by essential operational reasons of the company. Consequently, a test requirement will not be justifiable only because covid-19 is classified as an illness that poses a critical threat to society. According to the preparatory notes, it will be sufficient to require a valid corona passport in most situations. Consequently, employers will only be justified in mandating that employees be tested in special circumstances (eg, in case of an outbreak at the workplace).
Further, the act gives employers a new right to require employees to use Conformité Européene-approved...
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