In the future, companies will be obliged to offer employees corona tests at least once a week. The German middle class has already announced that it will take legal action against the obligation decided by the cabinet.
Now it’s official: employers in Germany will have to offer their employees compulsory corona tests from next week if they are not working from home. That is what the federal cabinet decided. It is only about an obligation for companies to make an offer – there is no obligation to test for employees. The employers also do not have to document whether the employees have accepted the offer. Labor Minister Hubertus Heil said that he had already signed the ordinance and that it would come into force “next week”. Initially, it applies until the end of July. Usually the employer has to offer one test per week. Employees in professions with a high risk of infection should receive an offer twice a week.
Up to 30,000 euros fine
The health and safety authorities of the federal states should monitor compliance with the obligation – for example in response to a complaint from employees. Violations can result in a fine of up to 30,000 euros. Government spokesman Steffen Seibert called on employees to accept the offers. “The Federal Government appeals to employees to act responsibly and to accept the offers for testing that are made to them, although they are not obliged to do so.” The employers have to pay for the costs. Federal Finance Minister Olaf Scholz rejects a reimbursement by the state. “This is now a national effort and everyone has to participate,” said the SPD politician in Deutschlandfunk. “Companies that have a business that can continue their production are in a far better position than the companies that now really struggle every day with the fact that, for example, the restaurant is not opening, the hotel is not operating properly can be.”
“Effort not disproportionate”
Scholz also referred to the extensive economic aid in recent months. “Last year it was 80 billion. If you add the tax breaks, just under 190 billion, all together,” said the SPD candidate for chancellor. “That is why I believe that this mandatory test is a reasonable and necessary measure.” Minister of Labor Heil also defended the new requirements. “It’s an effort, but it’s not disproportionate,” said Heil im ARD morning magazine. The CDU Economic Council expects the tests to cost German companies more than seven billion euros a month. Some small and medium-sized businesses couldn’t afford the hassle. Companies that have been badly hit by the Corona crisis can count the expenses for the tests as a cost item for the bridging aid.
Business associations are storming
Nevertheless, the business associations are storming against the regulation. “Once again politicians are trying to shift their duties on to employers, not to mention the costs,” said the President of the Federal Association of Wholesale, Foreign Trade and Services (BGA), Anton Börner, to the newspapers of the Funke media group. Nine out of ten companies would already test their employees for the corona virus or will do so shortly. As a matter of principle, Börner only advocates event-related tests: “Fixed test intervals are unsuitable.” The German middle class announced that they would file a lawsuit against the agreed obligation to offer corona tests. “Medium-sized companies must and will defend themselves against this. As an association, we are currently preparing the necessary legal steps for this,” said Markus Jerger, Federal Managing Director of the Federal Association of Medium-Sized Business (BVMW) to the newspapers of the “Funke Mediengruppe”. “Corporate testing is a lesson in policy failure.” He accused the federal government of having failed all along the line when it came to testing and vaccination logistics. The craft also clearly opposed compulsory testing. “We still consider a statutory test obligation for our craft businesses to be neither necessary nor expedient,” said the President of the Central Association of German Crafts (ZDH), Hans Peter Wollseifer, of the Rheinische Post. He also criticized that the state wanted to “shift responsibility for fighting the pandemic to the economy”. Most companies are volunteering to test their employees or are preparing to do so immediately. A test obligation is “a legally unnecessary action”.
Still a long way off from a nationwide offer
In fact, only a third of companies currently offer their employees one test per week. Another 30 percent were aiming for this in the next four weeks, as the Institute for Employment Research (IAB) announced after a survey of 2000 companies from the end of March to the beginning of April. Minister of Labor Heil that is not enough. The offer must be comprehensive, he told him ARD morning magazine. At the moment the situation is very different depending on the industry and company size. As the IAB survey shows, the most tests are carried out in large companies. According to this, 60 percent of the companies with at least 250 employees offer their employees corona tests, a third of these companies planned to do so recently. As the size of the company decreases, the proportion of companies that already give their staff a test opportunity drops rapidly. According to the IAB survey, there are also clear differences between the sectors. Corona tests are most widespread in education, health and social services, where 58 percent of companies already offer corona tests and a further 22 percent were planning to do so. In the area of transport and logistics, the test offer is only 17 percent.
Sufficient tests available?
Small companies in particular are wondering whether enough self-tests are now available at all. According to Federal Health Minister Jens Spahn, the deficiency that existed in March has been eliminated. On Friday he had assured that there were “more than enough of the tests”. The federal government has ordered over 130 million self-tests for the months of March and April from various manufacturers, above all Roche and Siemens. According to the ministry, there are also enough rapid tests for use by trained staff. For this year they have secured a quota of 550 million and, if necessary, a further 100 million pieces.
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