What are employers now obliged to do?

All employees who do not work exclusively at home must be offered a corona test in their companies on a regular basis. The ordinance of the Federal Ministry of Labor enables self-tests as well as quick tests in which trained personnel take a smear. It is only stipulated that the tests must be used to directly detect the pathogen of the coronavirus.

How often do tests have to be offered?

As a rule, employees who do not work in the home office must be offered at least one corona test per calendar week according to the regulation. Two test offers per week are expressly required for groups with an increased risk of infection. This affects, among other things, staff with many personal customer contacts, employees who are housed in shared accommodation, as well as employees who perform body-friendly services – for example in cosmetic studios and massage parlors.

Is there a test requirement for the staff?

No. It is a test offer obligation for employers. In principle, employees are free to accept these offers or not. The Federal Ministry of Labor argues that the legal hurdles for compulsory testing are too high. “The obligation to cooperate of employees in occupational safety would not cover such a test obligation,” said a ministry spokesman. However, the federal government has called for employers to take advantage of the test offers.

How do the companies have to implement the obligation?

The employers must make the tests available and document that they have purchased the tests or offer appropriate test capacities. However, you do not have to document that your employees make use of them. It is therefore actually sufficient to send self-tests home to employees or to make self-tests available to everyone in the company.

Who pays for the tests?

The employers have to bear the costs for the tests offered. According to its own information, the federal government expects that the test offers initially required by the end of June will cost 130 euros per employee. Companies that are particularly burdened can, however, claim the expenses as part of an application for bridging aid.

What should the tests bring?

The tests are designed to help detect corona infections in people who do not yet show any symptoms or no clear symptoms. However, a negative test result is no guarantee that the person concerned is not infected. Even if handled correctly, a negative test is “just less likely” to be contagious to others, explains the Robert Koch Institute. Against this background, the ordinance of the Federal Ministry of Labor justifies the new obligation with the aim of “reducing the operational SARS-CoV-2 infection risk”. According to the current status, negative test results are only meaningful for the current day. Therefore, even before the regulation came into force, there was criticism that one or two tests per week were not sufficient.

Why is the federal government introducing compulsory testing?

The federal government did not consider the implementation of the test offers of the companies on the basis of the voluntary commitment to be sufficient. In the debate about the implementation of the test offers in practice, the various sides cited different numbers. On April 8, the federal government published the results of a survey carried out on its behalf. It came to the result that 69 percent of the companies and around 70 percent of the employees either already received regular test offers or these should follow shortly. This proportion was well below the aforementioned target of 90 percent. Two days earlier, the major trade associations had published their own figures, according to which 80 to 90 percent of the companies were already offering tests or were preparing to do so immediately.

What criticism is there from the employer?

Leading trade associations such as the Federation of German Employers’ Associations (BDA) describe the mandatory test offers as a “declaration of mistrust towards companies”. The test requirement is criticized as “another bureaucratic burden”. In addition, various associations stated that there were problems, especially for smaller companies, in obtaining sufficient quantities of the required tests.

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.