Source: Weinhold Legal, Legal Alert in the field of labour law (7 January 2022)
On January 5, 2022, the government approved the issuance of an emergency measure by the Ministry of Health, which introduces new rules for testing for the presence of COVID-19 in employees, self-employed persons, and now also in members of legal persons and prisoners, effective January 17, 2022. Testing applies to vaccinated and also to unvaccinated employees. The reason for the reintroduction of testing is the continued dominance of the delta variant and the accelerating rate of spread of the omicron variant.
Employers will be required to ensure that their employees are regularly tested in the workplace by performing a rapid antigen test (RAT) designed for self-testing at a frequency of twice a week, with the next test taking place no earlier than the third day after the previous one. If the employee is not present at the workplace on the date of the testing date, testing shall be performed on the day of his/her arrival at the workplace.
Preventive testing is also ordered for self-employed persons and persons who are an organ or member of an organ of a legal person and are not also employees of that legal person. The rules for testing these persons are similar to those for testing employees.
All employees are required to undergo preventive testing with the exception of:
The employee must provide proof of a negative test result to the employer by means of an EU COVID digital certificate, or a certificate issued by a health care provider, or written confirmation from the employer.
If an employee refuses to take a preventive test, the employer must notify the local hygiene station. Furthermore, an employee who re-fuses to take the test shall be ordered to wear a respirator at all times when present in the workplace, to keep at least 1,5 m distance apart from other persons, if this is possible due to the nature of the work, and to eat separately from others.
The emergency measure also orders employers, self-employed per-sons and legal entities that provide testing for their members to:
In the event of a positive antigen test result, the employee must:
In the event that persons who test positive for the antigen test subsequently undergo a PCR test with a negative result, the quarantine shall be terminated by the hygienic station.
On the first day that persons are present at the workplace or place of work after the end of the quarantine, they must undergo an antigen test.
The full text of the emergency measure is available here.
Testing allowances of up to CZK 60 per test per employee (the number of tests paid for per month is not yet clear) can be applied for through the COVID-19 self-testing support programme on the website https://www.samotesty-covid.cz/. You can find more detailed conditions for the grant on these pages.