A draft bill on special anti-COVID-19 measures has been published. It aims at introducing the possibility to verify the health status of employees and co-workers.

Below please find the summary of its key regulations:

• An employer will be able to require an employee to provide information on a negative COVID-19 test taken no more than 48h before the test is presented;
• An employee will be exempt from providing information on a negative test result if he/she presents a certificate confirming his/her post-COVID-19 state or a vaccination certificate;
• The draft bill confirms the possibility to process personal health data on COVID-19 test result, certificate of convalescence, and certificate of vaccination for the period necessary for COVID disease prevention. Only selected, authorised personal will be entitled to process the data, meaning that an additional authorization must be provided to such persons by the employer (e.g. HR employees).
• If an employee fails to disclose the requested data, an employer will be able to classify the individual as being tested positive with non-convalescent or non-vaccinated status. However, this will not be perceived as a direct trigger for terminating employment.
• If an employee does not disclose the requested data and confirm his/her health status, the employer will be able to make changes to his/her work and time schedule, order the employee to perform other types of work or order the employee to work on a remote basis. The above will not constitute a violation of the principle of equal treatment in employment;
• Employees will be able to be tested for COVID-19 free of charge. Tests will be public funded or financed by employers. Further details will be available at a later stage.
• The above rules will apply to both employees engaged on employment contracts and cooperating service providers on civil law contracts.
• The bill is still under discussion and may be amended.