The draft law has been sent to the Parliament. An employee and a co-worker (hired on the basis of a civil law contract) will be obliged to provide information about a negative test result. They may exempt themselves from this obligation by informing about a previous illness or vaccination. 

In the absence of such information, the employer may, among other things, change the way they work, change their working time systems or schedules, order remote work (home or elsewhere).

What does the draft law on the collection of vaccination information introduce? 

• Employees and co-workers are to be entitled to free tests for Sars-CoV-2.
• The number of tests available per unit of time will be determined by the Ministry of Health. They may be financed from public funds.
• If it is necessary to prevent the spread of COVID-19 in the workplace or other place designated for work, the employer may require the employee (co-worker) to provide information about having a negative test result taken not earlier than 48 hours before the test was presented. The above premise is extremely important and can be a ground for potential conflicts with people who are against vaccination (or data disclosure). 
• The recovered person and the vaccinated person are to be exempted from the obligation to provide information about negative test result if they provide the employer with information about their vaccination or recovery status.
• The above information is to be provided at the request of the employer. The draft indicates the basis for processing personal data. The employer may request documentation of the test results, recovery from the infection or vaccination.
• In the case of an employee (co-worker) who has provided information about not having a test result, not having passed the sickness or not having been vaccinated, the employer may:

1. make changes to the workplace or other place designated for work, including the manner in which work is performed;
2. make changes to the working time systems or schedules;
3. order work to be performed outside the place of performance specified in the contract, within the same locality 
4. entrust another type of work for remuneration corresponding to the type of work, but not lower than the current one.

• The above actions will not constitute a breach of the principle of equal treatment in employment.
• Covid certificates (passports) and test results may contain an image of a person's face for the purpose of verifying their status.
• And additionally: the restrictions on doing business imposed in relation to the epidemic will not extend to those who will only do business with negative test results, recovered and vaccinated persons (once these circumstances have been demonstrated).

How will these changes affect your organisation?

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