The bank wants to explore the possibilities of 2G and 3G in the workplace. The aim is that employees no longer have to wear a mask. Therefore, the head of the bank asks the employees to disclose their vaccination status.
Deadline is January 6th. Until then, employees at Schaffhauser Kantonalbank should state whether they have been vaccinated, boosted or recovered.
This is what bank boss Martin Vogel demands in an internal message that he sent to the staff shortly before Christmas, as the finance blog «Inside Paradeplatz» writes.
« Our aim is that we should as far as possible Can make things easier for as many employees as possible, ”writes Vogel.
Schaffhauser Kantonalbank employees should notify us by January 6th whether they have been vaccinated, boosted or recovered.
This is what bank manager Martin Vogel demands in an internal email to the employees.
The aim is to relax the corona measures in the Office, such as the elimination of the requirement to wear a mask.
According to labor law experts, inquiring about the vaccination status is not generally permitted.
Instead of presents, the employees of Schaffhauser Kantonalbank received an appeal from their boss at Christmas. In an internal message, CEO Martin Vogel asks his employees on the day before Christmas Eve to disclose their vaccination status, as the financial blog “Inside Paradeplatz” writes.
Employees have until January 6th to indicate whether they have been vaccinated, boosted or have recovered. Any vaccination intentions must also be indicated. Vogel writes in the message entitled “Urgent mandate to all employees”, which is available to the financial blog: “Our goal is that we can achieve the greatest possible relief for as many employees as possible.”
«Strive for the elimination of the mask requirement»
Specifically, Vogel wants to explore the possibilities of 2G or 3G models, for example. “In particular, whenever possible, we strive to eliminate the requirement to wear a mask at personal workplaces.” In order to be able to consider such loosening, one needs an overview of the vaccination and convalescence status in the bank.
During the questioning, Vogel relies on the honesty of the employees: «We are counting on us as usual Trust in the personal responsibility and active assistance of all employees. ” There is therefore no need to submit certificates. The collected data would be deleted after four months.
No reason to doubt
Upon request, the bank will inform you that there is no reason to doubt the information. The employees were given the reasons and the procedure transparently. “So far we have only received understanding and approving reactions,” said a spokeswoman.
As bank chief Vogel writes in his appeal, employers are empowered by the Federal Council to request information on the vaccination status of employees. However, Vogel is entering a gray area here. According to labor law experts, surveys on vaccination status are only permitted in individual cases (see box).
2G only in individual cases
The State Secretariat for Economic Affairs (Seco) also refers to the Code of Obligations and writes on request that the employee only has to disclose sensitive data regarding vaccination and convalescence status insofar as they concern his or her suitability for the employment relationship or are objectively necessary for the implementation of the employment contract. “Otherwise, no negative measures may be taken to the detriment of unvaccinated employees.”
In addition, according to Seco, the introduction of a certificate requirement in companies is generally only possible under special circumstances. For example, 2G is permitted for flight personnel who, due to the country-specific entry and exit rules, cannot be deployed without proof of vaccination or recovery. There is no legal basis for a general introduction of 2G in companies
But even if 2G were an option – a general mask-wearing requirement currently applies to all employees indoors where more than one person is staying. As Seco writes, it doesn't matter whether someone has a certificate or not.
«We want to be ready»
The Schaffhauser Kantonalbank emphasizes that all actions and measures of the company were carried out at all times within the framework of the guidelines issued by the federal government and the cantons. It is currently mandatory to wear a mask in the office.
«Should the protective measures depend on the vaccination status in the future, we would like to be ready and introduce possible reliefs quickly. For this, we consider ascertaining the vaccination status to be a sensible, preparatory act, ”said the spokeswoman.
Can employers ask about vaccination status?
According to labor rights expert Nicolas Facincani, there is no general right to ask questions and no general vaccination requirement in the workplace. “Where the line between admissibility and inadmissibility runs in individual cases cannot be completely clarified everywhere,” he says about 20 minutes. “So there are gray areas.” The employer is only allowed to request and process data on the employees insofar as they relate to their suitability for the employment relationship or are necessary for the implementation of the employment contract. If the question about the vaccination is not admissible, the employees are not obliged to provide information, according to the expert. «In cases where the question is not admissible, the employee can not answer the question or he can deliberately give a wrong answer. One speaks here of the self-defense of lies. »
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