Employers can demand employees to show a valid coronapass

Thursday last week, a bill was passed in the Danish Parliament incorporating the triparty agreement that was reached between the parties at the Danish labour market, i.e. the employee unions and the employer associations, and the government to allow employers to demand that employees shows a coronapass evidencing that they are either vaccinated or have been recently tested, and thus are not infected by the coronavirus.

It is up to the individual employer to decide what the consequences should be if an employee refuses to show a coronapass. This entails that the employer would be permitted to dismiss the employee without it being considered unfair dismissal under the Danish labour legislation.

If you as an employer desires to make use of this new right, we recommend that you circulate in print on paper or by email a message to all employees about this new rule and setting out:

• as from when it will be introduced;
• what the consequences will be for an employee refusing to show a corona pass, e.g.
  • Is the employee sent home with a warning that he/she shall no later than the next working day needs to present a valid corona pass?
  • Is the employee just barred from entering the workplace, but allowed to work from home (if possible), or will the employee be dismissed?
• that this condition to show a valid coronapass when entering the premises of the workplace will be in full force and effect for as long as the new law applies, which until 11^th December 201, which, however, may be prolonged;
• that the letter / mail is to be considered a part of the employment terms and conditions, and thus the employee should save the letter / mail together with the employee’s employment contract

Please note that it is compulsory that shop-stewards and employee representatives in the cooperation committee and the work environment committee of the company are informed about the employer’s introduction of the requirement to the employees to show a coronapass and that this is in compliance with the applicable collective agreements and the law.

It should also be noted that the bill reintroduces the employer’s right to demand that an employee to take an antigen or PCR test as soon as possible and to inform the employer about the result of the test, including when it was effected. The test shall as far as possible be carried out during the employee’s normal working hours.

This right to demand that an employee to submit to a COVID-19 test is subject to a matter-of-fact reason for the demand with a view to the desire to limit the spread of COVID-19, including but not limited safeguard the work environment and/or the operation of the individual business unit. If the employer wishes to utilise this right, the shop-stewards and employee representatives must be informed of this too.

If you have any questions, please do not hesitate to contact:

Magnusson Advokatpartnerselskab
Tom Froberg, partner
Tom.froberg@magnussonlaw.com
Mobile: +45 40431840