Do you go to the office with corona-related complaints without being tested? Then your boss can deny you access to your workplace because you endanger your colleagues. But can your boss also require you to take a corona test? Read more in this blog.
Can your employer oblige you to have yourself tested? No definitely not!
No, your employer may not oblige you to have a corona test. He may ask - and refer to government advice to get you tested. Has your employer engaged a company doctor and does he recommend a corona test? Then you must follow that advice, because it is a reasonable prescription. If you do not do this, you run the risk that your continued payment of wages will be suspended or stopped because you do not cooperate.
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Do you tell your employer that you have corona?
Of course you let your employer know if you have to be quarantined: you may not be able to work for a while, or you may not be able to do all your work. But you don't have to tell if you have corona. Your employer may not ask you about this either. He is not allowed to store medical records, nor to keep track of who has already had corona. In short; your employer has nothing to do with the nature and cause of your illness. He may ask you questions about your work and activities, for example for a possible transfer: think of questions about when you think you have recovered and what current matters your colleagues should know about.
Can your employer send you home?
Your employer has a duty to provide a safe and healthy working environment for all employees. So if he finds that you have corona-related complaints or that he knows you are infected with the COVID virus, he can deny you access to the workplace. Otherwise you could endanger your colleagues. This is allowed on the basis of the right of instruction and the aforementioned duty of care for your colleagues. But even in this situation, he may not oblige you to get tested. If necessary, he may call in a company doctor. Furthermore, he may not impose any sanctions on you.
Continued payment of salary
Are you unable to work because you have to be quarantined? Then you follow the measures of the government and your employer must continue to pay you. The GGD will indicate how long your home quarantine will take. If you are sick yourself, the regular sickness rules apply and you will continue to be paid 70 percent of your wages - or more, if this is stipulated in your collective labor agreement. Also read the article: Continued payment during illness.
More information
Has your employer asked you to be tested, or are you not sure what to share with your employer? Feel free to discuss it with us: we will answer your questions, discuss your options and advise you further. Our Service Center is available every working day from 8.00 a.m. to 18.00 p.m. via sc@unie.nl and 0345 851 963.
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