Filenews 13 February 2021 - by Adamos Adamou
If an employee refuses or does not wish to comply with his employer's instructions for a rapid test, he should choose between using an annual paid leave or an unpaid leave. This was answered in writing by the Department of Industrial Relations of the Ministry of Labour at the KEVE, following a question from the Chamber.
The KEVE, in turn, forwarded late yesterday afternoon to its members the official position of the ministry, on the basis of questions it received from companies. However, as the Secretary-General of the KEVE Marios Tsiakakis told "F", the cases where employees refuse to undergo tests are not many and do not appear to cause any problem in the proper functioning of enterprises. It is recalled that under the relevant ministerial decrees, all workers who returned to work last week had to present a negative coronavirus test. In addition, companies have an obligation to ensure on a weekly basis, depending on their number of employees, that a percentage of their employees maintain a negative rapid test.
In yesterday's circular, the Chamber notes that in the written question of the KEBE to the Department of Industrial Relations regarding the employer's choices in case the staff refuses to comply with the government decree on its obligation to undergo a rapid test, the above competent department of the Ministry of Labour has clarified in writing the following: "On the basis of Article 2.40 of the Infectious Disease (Determination of Measures to Prevent the Spread of COVID-19) Decree (No.6) of 2021 , employers must ensure that their employees comply with their obligation to submit a rapid antigen detection test for COVID-19 Coronavirus before re-activity in their workplaces. If an employee refuses to comply with the employer's instructions, he or she must choose between the use of an annual paid leave or an unpaid leave'.
In the same respect, OEV does not exclude disciplinary misconduct in cases where workers repeatedly refuse to take tests because of obligations arising from safety and health at work legislation.
