The article discusses the possibility of issuing an official order to an employee to undergo a test for SARS-CoV-2, especially taking into account the position of the Ministry of Family, Labour and Social Policy on diagnostic tests of employees suspected of being infected with coronavirus. This is because the Ministry argues that there is a legal basis for ordering employees to undergo such tests and this is the Act of the 5th of December 2008 on preventing and combating infections and infectious diseases in humans.

Furthermore, the article also addresses the issue of the employer obtaining the results of such a test. This is because the test result is information about the employee's state of health, and such data are subject to special protection. However, we have to wonder whether in the current situation we should not apply the purposive interpretation of the provisions of the GDPR (General Data Protection Regulation), especially taking into account that the employer is obliged to protect the health and life of employees by ensuring safe and hygienic working conditions with appropriate use of the achievements of science and technology.

Article available in the new HR magazine on High-Heels magazine.