The “general collective bargaining agreement on corona testing”, which covers measures under employment law and at workplace level to implement covid-19 tests, entered into force on 25 January 2021.

Based on the Act governing covid-19 measures, ordinances may be used to order that certain workplaces may be entered by employees only when they furnish evidence of a low epidemiological risk – such as a negative result of a SARS-CoV-2 test. If no such confirmation can be furnished, the wearing of an FFP2 mask becomes mandatory.

Accordingly, the most recent covid-19 emergency ordinances stipulate that certain groups of employees may enter workplaces only when they submit to an antigen test or molecular-biological test for SARS-CoV-2 at least every seven days; a proof of a negative test result must be provided to the employer. If no proof is forthcoming, the employee needs to wear an FFP2 mask whenever s/he is in contact with customers, children, or pupils, or with the general public during public hours in a government office, or in storage logistics when a minimum distance of two metres cannot be maintained.

Ban on discrimination and “mask break”

Employees must not be fired, given notice, or otherwise discriminated for taking a SARS-CoV-2 test including the entitlements specified in the general collective bargaining agreement, nor for being tested positively.

Employees who are obliged to wear a mask when doing their job based on laws or ordinances in connection with SARS-CoV-2 (e.g., when working in enclosed spaces, in old age homes, nursing homes or homes for the handicapped, in hospitals or when in direct contact with customers) must be enabled to remove the mask for at least ten minutes after every three hours of working. It is not necessary to grant a break, it may suffice to change the area of activity. If this is not possible, work needs to be either discontinued or a break under Section 11 of the Act regulating working hours (e.g., lunch break) needs to be agreed on. There is no obligation to document the periods during which the mask is not worn.

Until further notice, the “general collective bargaining agreement for corona testing” will apply until 31 August 2021. According to current information, it is intended to elevate the “general collective bargaining agreement for corona testing” to the status of an ordinance which would give it a legally binding effect even outside its current scope of application.

As an accompanying measure, the “general collective bargaining agreement on corona testing” entered into force on 25 January 2021, which applies to all businesses in Austria for which the Austrian Economic Chamber is authorised to conclude collective bargaining agreements.

The regulations of the “general collective bargaining agreement on corona testing”

To the extent that employees are obliged to provide proof of a negative test result in order to enter their workplace as outlined above, employers are obliged to grant employees a paid leave for the time required for testing. This extends to the travel time required. However, unless the test is performed at the workplace, it should be carried out on the way to or from the workplace, if possible. The entitlement to leave does not apply to employees on short time.

If employees are not legally obliged to furnish such evidence, corona tests must, to the extent possible, be done outside their working hours; if this is not possible, employers are obliged to grant leave for testing, at most once a week. The time for testing must be mutually agreed on with regard to operations. To the extent that self-testing is permitted, such tests may be used as well.

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