Dear clients,

As you have certainly noticed, an extraordinary measure of the Ministry of Health of the Czech Republic (full text available here) extended the obligation not to admit employees without a negative test for employers employing 1 or more persons and to self-employed persons.

We believe that testing is no longer new to you, but if so, we bring you a practical summary below:

1 OR MORE EMPLOYEES

At the latest:

- provide tests from 28 March 2021;

- from 30 March 2021, start calling for testing and employees are obliged to submit to testing;

- 6 April 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;

- 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.

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.