Germany: debate underway on the employer’s right to be informed about their employees’ vaccination status

On 01 September, Germany’s Council of Ministers extended both the scope and duration of the directive on labour protection during a pandemic. However, a decision on whether or not to allow employers learn the vaccination status of their employees was postponed. While the decision has been long-awaited by the employers, neither the trade union bodies unions nor the two social democratic ministers is eager to move forward due to concerns over data protection issues as regards employees’ medical records. The Conservative Health Minister, who is in favour of the measure, has launched a legal review, and a decision is expected by the end of September.
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Germany’s labour protection directive is extended. On 01 September the government agreed to extend the directive on labour protection during a pandemic, because “a clear increase in vaccination rates is necessary,” explained the Social-Democrat Labour Minister, Hubertus Heil. As of 10 September, and until 24 November at the earliest (the deadline Germany’s ‘state of pandemic’ decree), current in-company health measures have been extended (two Covid-19 tests per week, teleworking, hygiene framework, etc.).

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