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ARTICLE · 21 SEPTEMBER 2020

Masks On Or Off For The Weekend – Is It A Private Decision In Germany?

Employers generally have no control over their employees' compliance with health measures outside of work. Does this hold true during the ongoing pandemic?

GermanyEmployment and HR

Employers generally have no control over their employees' compliance with health measures outside of work. Does this hold true during the ongoing pandemic?

The Covid-19 pandemic is still omnipresent. While employers, on the basis of their right to issue instructions, can dictate hygiene regulations at work, the employees themselves decide in their free time whether or not they comply with the recommended corona protection measures. This raises the question of what effects non-compliance with corona protection measures during leisure time by corona-sceptical employees can have on the employment relationship.

Case studies in connection with anti-corona demonstrations

Recently, there have been media reports that an employee of a nursing home was given extraordinary notice of dismissal for cause because she refused a Covid-19 test after taking part in a demonstration against compulsory masks in Berlin despite having cold symptoms. Her participation in the

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