Employees in various industries must show a valid QR code in the CoronaCheck app before being allowed to work. More and more employers are requiring employees to have been vaccinated, tested negative or be able to provide proof of recovery before they are welcome in the workplace. If they don't, the boss won't allow them to work.
This is according to a BNR tour of several industry associations, including construction, cleaning and catering.
Trade association Bouwend Nederland confirms that clients increasingly want to see an employee's QR code before they can start work. An employee who is unwilling or unable to show his QR code can be removed from the job.
So far, this has not led to any major problems. Interest group Bouwend Nederland understands the situation and says it is understandable that clients ask for it, especially if they employ employees with poor health.
Not everyone agrees. Rob Rommelse, director of trade association Schoonmakend Nederland, thinks that asking for a coronapas goes too far. He points out that the corona pass was developed for four sectors, namely events, sports, hospitality and culture. There is no legal substantiation that employers may require them from employees and suppliers. The industry association does note that the number of companies asking for a valid QR code is increasing.
A coronapas causes power imbalances and promotes polarization, according to the director of Schoonmakend Nederland. He wants to prevent this at all costs. Rommelse argues that employers and employees should talk to each other about this issue in order to reach a solution.
Jannes van der Velde of the Algemene Werkgeversvereniging Nederland (AWVN) argues that there are two types of legislation that contradict each other. On the one hand, there is the Occupational Health and Safety Act, which states that the employer is responsible for creating a safe working environment. On the other hand, there is a law that states that the employer may not ask that an employee has been vaccinated against the coronavirus. This contradiction falters tremendously and therefore creates a lot of ambiguity and uncertainty as to whether the employer can provide a safe working environment.
Van der Velde says members want more information on the vaccination status of their employees. They need this information to make arrangements with employees. "If someone is not vaccinated, you can agree with him, for example, that he will work at home a little longer, or that he will get a different workplace in the office," says the top executive of interest group AWVN. "But then you have to have that knowledge."
AWVN favors a change in the law so that it becomes clear to employers what they should and should not omit. "That clarity is not there at the moment. The legislature should clarify that."
Pascal Besselink, employment lawyer at DAS legal expenses insurance, tells BNR that the Temporary Coronation Access Card Act stipulates that you must be able to show a coronagraph pass if you want access to premises in the hospitality, events, sports and culture sector. This law includes an exception that the access pass may not be used to deny access to the workplace.
Besselink acknowledges that the law is contradictory in some areas. For example, hospitality entrepreneurs are required to ask visitors for a valid QR code. With employers, on the other hand, they are not allowed to. As long as the exception is not removed from the legislation, according to the lawyer, everyone is forced to comply. Employers who are denied access to the workplace because they don't want to show their QR code retain the right to have their wages paid, Besselink stressed. After all, non-vaccinated employees have the same rights as vaccinated employees.
The government is clear on this issue. It says an employer may ask an employee if she has been vaccinated against the coronavirus. "There has to be a good reason for that. In principle, this is only possible if the employer has a clear plan on how to proceed if the employee is not vaccinated or the employee does not want to give notice."
On the other hand, employees do not have to answer the question of whether or not they have been vaccinated. Data on physical and mental health of employees are so-called special personal data, according to the General Data Protection Regulation (AVG). A company doctor is not allowed to say which employees are or are not vaccinated. He may, however, paint a general picture. This allows the employer to organize the workplace and the work process in such a way that work can be done safely and responsibly.
"If the employee experiences vaccination coercion or pressure from the employer, it is best to discuss this with the employer first. If necessary, the employee can contact the works council or confidential advisor within their own organization for advice. If they cannot work it out together, either the employer or the employee has the option of starting legal proceedings." wrote outgoing Minister of Health, Welfare and Sport Hugo de Jonge recently in a letter to the Lower House.. In it, the minister responded to Parliamentary questions about Leaseplan's intention to allow only vaccinated employees access to the workplace.
