New verdict: no corona test – no money

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If employees cannot show a negative corona test at their employer, they face a loss of income. © Julian Stratenschulte / dpa / archive image

Work without a corona test? According to a state labor court, employees who refuse to take the test can expect a loss of income.

Munich – Anyone who refuses regular corona tests ordered by the employer may have to expect a loss of income. This emerges from a recent ruling by the Munich State Labor Court (LAG) on the case of an orchestral flautist.

The woman, who was employed by a larger opera orchestra, had refused to be tested as part of the hygiene concept there before participating in rehearsals or performances.

Intervention in physical integrity?

The musician justified the rejection with the fact that the test meant a considerable interference with the physical integrity and carried the risk of injuries, which are particularly problematic for players of wind instruments.

But the court did not follow suit. The LAG found that the obligation to test is proportionate and not an inadmissible interference. Especially when working as a flautist, the other orchestra members could not be protected in any other way. In addition, the collective agreement entitled the employer to demand the test. As a result, he did not have to employ the woman or pay her any remuneration as long as she was not allowed to participate in rehearsals and performances. dpa

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