Entitlements of the employer towards the employee in the era of pandemic

Publication / 10.02.2021

In the era of prevailing coronavirus pandemic, the employer has the right to demand additional information from employees that directly affects the safety and health of employees, as well as the safety of the entire workplace. The employer, by means of a business order, may require employees to provide information on, among other things, foreign travels, which increase the risk of being infected with coronavirus.

When obtaining additional information, the employer should strive to ensure maximum protection of the health and safety of both employees and others on the workplace. The employer, knowing about the potential threat, can take appropriate steps to minimize the risk associated with the spread of coronavirus in the workplace.

In view of the above, it should be concluded that an employee who knowingly conceals information from the employer that affects safety of other employees, by his behavior commits a gross violation of basic labor duties and principles of social coexistence, which may constitute grounds for termination of the employment contract without notice through the fault of the employee. This position was confirmed by the Regional Court in Olsztyn in its judgment of January 29, 2021, ref. IV Pa 79/20.