20.01.2022 Labour law

[Poland] Covid verification bill – employer will check if an employee has been vaccinated

On 18 January, the government issued a positive opinion on the Covid verification bill. It will not only allow employers to check whether an employee has been vaccinated against COVID-19, but will also allow unvaccinated employees to be posted to other work.

The Council of Ministers has given a positive opinion on the draft bill on special arrangements to keep businesses running during the COVID-19 epidemic, also known as the Covid verification bill. 

The Act is intended to give employers additional powers relating to the exercise of effective control over the risk of COVID-19 in a workplace.

The draft bill on Covid verification provides for the following solutions:

  • The option for an employer to verify whether an employee or a person in a civil law relationship with that employer has a valid vaccination against COVID-19 or a valid negative diagnostic test for SARS-CoV-2 or had an infection with the SARS-CoV-2 virus,
  • The option for an employer to post employees or persons who have a civil law relationship with that employer and, at the same time, do not have a valid COVID-19 vaccination or have not been infected with the SARS-CoV-2 virus, to another type of work with remuneration corresponding to that type of work or to perform duties outside the regular place of work,
  • The option for free testing for SARS-CoV-2, including publicly funded testing, for employees or persons who have a civil law relationship with an employer,
  • The option for an employer to verify identity by presenting a COVID-19 disease status document, such as an EU digital COVID certificate or a simplified certificate with an image of the person to whom the data relates, also via a new mobile application (COVID Certificate Scanner) provided free of charge by the eHealth Centre,
  • The option to exempt enterprises employing and serving only vaccinated persons, recovered persons or persons with a negative test result for SARS-CoV-2 from the restrictions imposed by an epidemic or epidemic threat state.

The Ministry of Health has confirmed that the Covid verification will also apply when it comes to enforcing current restrictions on the number of people allowed in premises.

The solutions of the Covid verification bill are to ensure safe working conditions. The government has also indicated that the bill, during further work, should be supplemented with a provision enabling the transfer of approximately PLN 1 billion annually from the COVID-19 Fund for the purchase of diagnostic tests for SARS-CoV-2.

This draft bill is now in the Sejm.

Learn more: Small ZUS plus – new applications until 31 January 2022

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