Dear colleagues, dear cabin crew,
since there are more and more inquiries about 3G in the workplace, we have prepared a short Q and A for you:
What exactly does the 3G rule include? What do I have to prove as an employee?
Employers and employees must present proof of vaccination or recovery or a current certificate of a negative corona test when entering the workplace (in your case the base); This applies to all workplaces where meeting other people cannot be ruled out, even if there is no direct physical contact. Notwithstanding this, employees are allowed to enter the workplace in order to take advantage of a test offer from the employer to obtain evidence within the meaning of Section 4 (1) of the SARS-CoV-2 Occupational Safety and Health Ordinance immediately before starting work. For you, this means that you can also use the test facilities on and in the airport buildings on the day of the operation.
The regulations serve to contain the spread of the coronavirus. They are not provisions of labor law.
What about the tests? As an employee, do I have to pay for the tests myself?
Employees who have not been vaccinated or recovered or who do not want to provide any information about this status must present a negative test result according to the new regulations. A normal antigen test may only be a maximum of 24 hours old, a PCR test not older than 48 hours. The testing must take place outside of working hours before entering the workplace so that access can be granted by submitting the negative test certificate. The costs for these tests must be borne by the employees who provide the test for the purpose of access, unless company regulations provide otherwise. No assumption of costs has been agreed in the Ryanair Group. FR would only have to pay if, for example, the destination required a PCR test for everyone on arrival, regardless of vaccination status.
According to Section 4 (1) of the SARS-CoV-2 Occupational Safety and Health Ordinance, employers must offer all employees free tests twice per calendar week. Company test offers can be used as test evidence in the above sense if they are carried out and certified by commissioned third parties or carried out and documented under supervision in the company. Free citizen tests can also be used.
Can the employer check me for compliance with the 3G rule?
The employer is legally obliged to check proof of vaccination or recovery or a negative test result when entering the workplace. He must monitor through daily verification checks (unless the vaccination or health record is deposited) whether the 3G rule is being adhered to. Documentation must also be provided. Employees are required to provide 3G evidence.
A check on the day before the day of the shift is not planned (for example in the case of a late shift)
What happens if I do not provide 3G proof as an employee?
Employees who do not provide a 3G certificate are not allowed to have access to the workplace and can therefore not perform their work in the workplace. As a result, there is no wage entitlement. The rule here is: without work – no wages. In addition to a loss of pay, other sanctions can be considered, such as issuing a warning to issuing a notice of termination. Of course, terminations in particular are still subject to the previous effectiveness requirements.
It always depends on the circumstances of the individual case. Legal advice is recommended; In the event of sanctions by Malta Air / Crewlink or CCI, please contact ver.di immediately. at my-ryanair-union@verdi.de
We wish you and your familiesrelaxed holidays and a beautiful turn of the year.
Stand together, be strong!
Your
ver.di Bargaining Committee