COVID-19: German parliament plans to implement 3G rule (i.e. vaccinated, recovered or tested) at workplace and home office obligation

For Thursday, 18 November 2021, the German parliament is scheduled to vote on a renewed amendment to the Infection Protection Act. According to press reports, the so-called Traffic Light Coalition’s (Social Democratic Party of Germany, Free Democratic Party and Alliance 90/The Greens) parliamentary groups plan to pass various regulations that could have implications for employers and employees.

COVID-19: Bavaria introduces 3G regulation (vaccinated, recovered or tested) at the workplace

Since November 9, 2021, the so-called 3G regulation (3G: Vaccinated, recovered or tested) applies in all workplaces in Bavaria. Throughout the entire state, access to the workplace in all companies with more than 10 employees is now only permitted if the person is either vaccinated, recovered or currently tested. This applies as long as more than 600 hospital beds in intensive care units are occupied with COVID-19 patients nationwide.

Federal Labor Court Decision: No wage claim of marginally employed persons in the event of a temporary closure of the company due to a corona lockdown

In a ruling dated October 13, 2021 (5 AZR 211/21), the Federal Labor Court (Bundesarbeitsgericht, BAG) decided that employees are not entitled to wage payments if the employer has to temporarily close its business as a result of a government-imposed general “lockdown” to combat the Coronavirus pandemic.