Can an employer request an unvaccinated employee to
conduct a self-test at least once a week? In a first ruling on the
topic in summary proceedings, the District Court of Amsterdam
recently ruled a dance company could.
Facts
This case concerned an employer (a dance company), with whom a
dancer had been employed on an indefinite basis since 2017. In
October 2021, it was announced in a group discussion that
performers must also have a corona safe pass (QR code) in order to
enter the theatre. The employee informed the group by email that he
did not have the QR code required for the performance. He requested
a meeting with his employer.
Ultimately, the employee did dance in the performance in
question, as it turned out that the theatre did not actually ask
for a QR code from the dancers. The following day, the interview
requested by the employee took place, despite the fact that the
employee no longer considered this necessary because he could
(apparently) perform
