New draft bill exempt foreign employees from the requirement of isolation during working hours

Pursuant to a new draft bill, companies must ensure that foreign employees are PCR-tested for coronavirus after entering Denmark from certain countries, regions or areas. The requirement does not apply if employees are residing in Denmark.

The requirement entails a duty for companies to document in writing that a test for coronavirus has taken place, or that the employee is exempt from the requirement. In connection herewith, it appears from the draft bill that a digital solution will be developed in order to make it easier for employees to hand in documentation from the health authorities to the company.

Furthermore, companies must prepare a written plan for the tests for coronavirus. The plan must, among other things, create an overview of which employees are covered by and informed about the test requirement. This must at the same time also be the main documentation to the Danish Working Environment Authority in case of any control of the requirement. This also means that the plan must be continuously updated, for example, every time an employee travels to Denmark.

The requirement will apply for a temporary period until 1 July 2021. The draft bill is expected to enter into force as quickly as possible.

In connection with the other draft bill, which entails new test requirements and isolation after entering Denmark, companies with foreign employees have been taken into account. Therefore, it is expected that special rules will apply for foreign employees:

• that have a justified purpose such as work, after which employees will be able to go to and from their workplace in Denmark during their isolation period
• that foreign employees must document a negative test for coronavirus, as to not be covered by the requirement for isolation, and that the test must be taken within a certain period of time
• that frequently cross the border as a necessary part in carrying out their job

IUNO’s opinion

The new draft bills do still entail some uncertainties such as, for example, by which time the company must ensure that the test has been taken after entering Denmark, but also a clarification of when employees specifically are exempt from the requirements for isolation

We have previously written about companies’ access to testing of employees as well as receiving their test results and what requirements must be met in connection hereto, here.

The draft bills are currently being processed urgently. We follow developments closely and return when there is news.

[L 145 Draft bill on the obligation to ensure covid-19 testing of foreign employees after entering Denmark and L 152 Draft bill on amending the Danish Act on measures against infectious diseases and other communicable diseases, the Danish Health Care Act, and the Danish Administration of Justice Act.]