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HR Legal

New Act allows corona tests and corona passport checks in the workplace

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Legal news
calendar 25 November 2021
globus Denmark

The Danish Parliament has just adopted a new Act that enables companies to test employees for coronavirus and to receive the test result. Companies can also, for the first time, require employees to show corona passports and perform self-tests at the workplace. We take a closer look at the rules and what they mean for companies.

The Act reintroduces the possibility for companies to require employees to be tested for coronavirus and to receive the test result. Furthermore, new rules are introduced allowing companies the possibility to require employees to show their corona passport and perform self-tests at the workplace.

The Act is based on a tripartite agreement between the government and the social partners, which was introduced to accommodate companies’ need to secure continuous operations and security at the workplace. 

When can companies require to see a corona passport?

As long as coronavirus is categorized as a disease presenting a “critical threat to society” companies will be able to require employees to show their corona passports at the workplace. However, companies must comply with the following requirements and procedures:

  • Written information that there is a requirement for employees to show their corona passport and the justification behind the requirement
  • Ensure that testing is carried out in a safe manner and as far as possible ensure that testing is performed during the affected employee’s working hours, if the requirement to show corona passport means that the employee must get tested for coronavirus
  • Comply with information and consultation requirements in accordance with applicable legislation and collective bargaining agreements

As justification for the requirement to show a corona passport, companies can just say that the coronavirus is categorized as a disease presenting a “critical threat to society”. Employees that do not comply with the requirement to show their corona passport may be met with employment consequences if the employees have been informed in writing that such sanctions can be applied.

When can companies require employees to be tested for coronavirus?

The requirements in the Act for companies to require employees to be tested for coronavirus and to receive the test result are mainly the same as the requirements that applied under the special Act, which ended 1 November 2021. We have written more about the previous special Act here.

However, as something new, employees can now use CE-approved self-tests at the workplace to fulfil the requirement on tests. Such self-tests cannot be used as a valid corona passport.

Furthermore, as a starting point, it is specified that employees who are vaccinated or have previously been infected with coronavirus cannot be required to get tested, because they, among other things, have a valid corona passport. However, this does not apply under special circumstances, for example a larger outbreak of infection in the workplace.

IUNO’s opinion

The new Act makes it easier for companies to provide a safe workplace for their employees and ensure an undisturbed operation. However, the new rules do not give companies the right to carry out data processing of the information in the corona passport or, for example, keep the information registered.

IUNO recommends that companies are aware that different conditions apply if the company sets a requirement for a corona passport or a corona test. Therefore, companies should consider which solution applies best in the individual situation to secure a continuous operations and security in the workplace.

The new Act enters into force on 26 November 2021. The new rules apply until 11 December 2021 but with the opportunity for extension.

[Act on employers’ option to require employees to show their coronavirus passport, test for Covid-19, etc. passed 25 November 2021]

The Act reintroduces the possibility for companies to require employees to be tested for coronavirus and to receive the test result. Furthermore, new rules are introduced allowing companies the possibility to require employees to show their corona passport and perform self-tests at the workplace.

The Act is based on a tripartite agreement between the government and the social partners, which was introduced to accommodate companies’ need to secure continuous operations and security at the workplace. 

When can companies require to see a corona passport?

As long as coronavirus is categorized as a disease presenting a “critical threat to society” companies will be able to require employees to show their corona passports at the workplace. However, companies must comply with the following requirements and procedures:

  • Written information that there is a requirement for employees to show their corona passport and the justification behind the requirement
  • Ensure that testing is carried out in a safe manner and as far as possible ensure that testing is performed during the affected employee’s working hours, if the requirement to show corona passport means that the employee must get tested for coronavirus
  • Comply with information and consultation requirements in accordance with applicable legislation and collective bargaining agreements

As justification for the requirement to show a corona passport, companies can just say that the coronavirus is categorized as a disease presenting a “critical threat to society”. Employees that do not comply with the requirement to show their corona passport may be met with employment consequences if the employees have been informed in writing that such sanctions can be applied.

When can companies require employees to be tested for coronavirus?

The requirements in the Act for companies to require employees to be tested for coronavirus and to receive the test result are mainly the same as the requirements that applied under the special Act, which ended 1 November 2021. We have written more about the previous special Act here.

However, as something new, employees can now use CE-approved self-tests at the workplace to fulfil the requirement on tests. Such self-tests cannot be used as a valid corona passport.

Furthermore, as a starting point, it is specified that employees who are vaccinated or have previously been infected with coronavirus cannot be required to get tested, because they, among other things, have a valid corona passport. However, this does not apply under special circumstances, for example a larger outbreak of infection in the workplace.

IUNO’s opinion

The new Act makes it easier for companies to provide a safe workplace for their employees and ensure an undisturbed operation. However, the new rules do not give companies the right to carry out data processing of the information in the corona passport or, for example, keep the information registered.

IUNO recommends that companies are aware that different conditions apply if the company sets a requirement for a corona passport or a corona test. Therefore, companies should consider which solution applies best in the individual situation to secure a continuous operations and security in the workplace.

The new Act enters into force on 26 November 2021. The new rules apply until 11 December 2021 but with the opportunity for extension.

[Act on employers’ option to require employees to show their coronavirus passport, test for Covid-19, etc. passed 25 November 2021]

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Anders

Etgen Reitz

Partner

Sofie

Aurora Braut Bache

Senior associate

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The team

Akina

Ørum Masaki

Legal assistant

Amalie

Starup Poulsen

Legal Advisor

Anders

Etgen Reitz

Partner

Cecillie

Groth Henriksen

Associate

Emma

Sandner

Junior legal assistant

Johan

Gustav Dein

Associate

Julie

Meyer

Communication assistant

Katrine

Matilde Ahlberg Purhus

Associate

Kirsten

Astrup

Senior associate

Mathilde

Baudry

Communication assistant

Sofie

Aurora Braut Bache

Senior associate

Søren

Hessellund Klausen

Partner