Dear clients,

As you have undoubtedly noticed, yesterday an extraordinary measure of the Ministry of Health was issued (full text available here), which expands the circle of employers with the obligation not to let employees into the workplace without a negative test (or for fulfilling one of the exceptions) - for employers employing 10 - 49 persons.

For those of you who are newly affected by the obligation, but also for those who are already testing experienced, we bring a practical summary:

- in the case of employers employing 10 to 49 people - valid from 26 March 2021

- the obligation to allow presence at the workplace only to those employees who have undergone in the last seven days:

• RT-PCR test or antigen test

or

• a preventive test at the employer's workplace to determine the presence of SARS-CoV-2 virus antigen through a test provided by the employer

and whose result is negative.

OBLIGATION OF THE EMPLOYERS

- To provide, by 17 March 2021 at the latest, POC antigen tests for the presence of SARS-CoV-2 virus for its employees, carried out by the health service provider and/or tests for the existence of SARS-CoV-2 virus, which a layperson can use, namely with a frequency of at least once a week;

- if the employee is not present at the employer's workplace on the day of the testing date, his preventive testing shall be performed on the day of his arrival at the workplace;

- employers are obliged to invite their employees to undergo a preventive test no later than 19 March 2021 so as to enable their presence at the employer's workplace, no later than 26 March 2021;

- suppose that the employee performs work exclusively outside the employer's workplace within seven days. In that case, the employer will allow him to take a preventive test outside the employer's workplace (this does not apply to an employee performing telework - home office).

S U M M A R Y

10 – 49 EMPLOYEES At the latest:

- provide tests from 17 March 2021;

- from 19 March 2021, start calling for testing and employees are obliged to submit to testing;

- 26 March 2021 not to let an untested employee into the workplace.

THE OBLIGATION OF THE EMPLOYERS

- the obligation to keep records of tests performed on employees;

- in the case of a confirmatory RT-PCR test, to which the employee undergoes a test with a "positive result" during the self-test, the employer's ID number will also be recorded.

THE OBLIGATION OF THE EMPLOYEES

Employees are obliged to undergo testing at the request of the employer.

The exception:

- passing a test other than "employer testing";

- persons who have undergone laboratory-confirmed COVID-19 disease, have completed the required quarantine following the applicable emergency measure of the Ministry of Health, show no signs of COVID-19 disease, and since the first positive RT-PCR test for SARS-CoV-2 or POC antigenic the SARS-CoV-2 antigen test has not been completed for more than 90 days;

- persons who have a certificate issued by the Ministry of Health of the Czech Republic for vaccination against COVID-19 (and at least 14 days have elapsed since the second dose of the vaccine in the case of a two-dose schedule according to the Summary of Product Characteristics, or at least 14 days have elapsed according to the SPC) and the vaccinated person does not show any signs of COVID-19;

a certificate evidences the above from the health service provider.

POSITIVE EMPLOYEE

- employees who have carried out or have been tested by a lay person for the presence of SARS-CoV-2 virus antigen utilizing a test provided by the employer and who have found a positive result, must:

• notify the employer without delay;

• leave the workplace to the place of his current residence;

• immediately inform the occupational health care provider of the employer (if the employer so stipulates)/registering with his/her health service provider in the field of general practice medicine - or, general practice for children and adolescents - about the result of the test;

• a request for a confirmatory RT-PCR test will be issued for these persons and the employee is obliged to submit to this without delay.

In case of non-compliance with the above procedure, the employee is exposed to the theoretical possibility of having a fine imposed, according to the Act on Extraordinary Measures in the Epidemic of COVID-19 Disease (Pandemic Act), of up to CZK 50,000. Theoretically, employers may face a fine of up to CZK 500,000 if they do not comply with the above obligations.

In case of any questions about the above, we of course remain available to you.