A bill on testing employees and collecting information on vaccination or past infection is moving through the Polish Parliament.

It stipulates that employees and collaborators engaged under civil-law contracts will be eligible for free, publicly funded Sars-CoV-2 testing.

The employer will be able to require the employee (collaborator) to provide information about having a negative test result taken no more than 48 hours before the test is presented. Importantly, the so-called convalescents and vaccinated persons will be exempt from the requirement to have a negative result, as long as they provide the employer with this information. The employer will be able to request that the information be documented.

Employers will thus finally have a clear legal basis for processing employee health data to counter the spread of COVID-19. 

If an employee (collaborator) fails to provide information about a negative test result, convalescent status or vaccination, the employer will be able to, among other things, make changes in the way the employee performs his/her job, change the employee's work system or schedule, or recommend remote work or other work, but without a reduction in pay.

Find more in the PRO HR January 2022.