From 15 January 2022, the Covid-Check will become compulsory in the workplace.

Who falls under the Covid-check scheme?

From January 15, 2022, the Covid-Check is compulsory in the workplace. 

Any employee, public official or independent worker must present a certificate attesting their vaccination, recovery, or a negative COVID-19 test. The employer is entitled to confirm the identity of the certificate holder through his/her identity card. An employee, public official or independent worker who cannot be vaccinated against COVID-19 for health reasons, must present a negative test certificate or the result of a self-diagnosis carried out at the workplace.

To facilitate verification of the certificates, employers can draw up a list of those who have been vaccinated or recovered, although registration on such a list is done on a voluntary basis. This list should include surnames, first names and the validity period of the certificate (employees, independent workers or public officials) registered on this list can ask to have their surnames removed at any time and without justification. This list has a limited period of validity corresponding to the legal period and must be destroyed at the end of this period. Employees (or public officials/independent workers) who refuse to be registered on this list should not suffer any consequences, and the employer should give staff the opportunity to be checked every day.

What happens if an employee refuses to present his certificate?

Employees who refuse or are unable to present a valid vaccination certificate, a certificate of recovery or a negative test cannot be allowed access to their workplace. Such employees can take statutory leave. Upon agreement, or if the employee refuses to use statutory leave time, he/she will lose that part of income corresponding to the hours not worked.

Not presenting an valid certificate for the Covid-check or being absent from the workplace due to this cannot constitute grounds for dismissal. Any termination of the contract on these grounds would be null and void.

An employer who fails to comply with its obligation to carry out a Covid-check risks an administrative fine of €4000 for violating this legal provision, which constitutes a criminal offence. Repeat offences will result in a fine of €8000.

Finally, employees who access their workplace without a valid certificate are also liable to be fined between €500 and €1000.