The same rules apply when it comes to the COVID-19 test results – by referencing the appropriate legal basis foreseen by the personal data protection regulations, the employer would have the right to process data regarding the tests of employees and to keep a record on it. However, individual employees are not obliged to, self initiatively, notify the employer on whether they have gotten tested.
There is an exception in case when the result of the COVID test shows that the employee is infected. Namely, the Rulebook on Preventive Measures for Safe and Healthy Work, for hindering the occurrence and spread of the epidemic of infectious diseases, which was adopted in July 2020 (hereinafter: Rulebook) foresees that, among other things, the employee’s obligation is:
- to notify the employer in case they believe that they have symptoms of infectious disease, or in case their family members show symptoms, as well as
- if they have knowledge about any of the aforementioned matters, they should immediately notify the employer of irregularities, damages, dangers, or other occurrences at the workplace which could jeopardize their safety and health, or the safety and health of other employees.
An unambiguous conclusion can be made that in case the employee finds out that they are positive for COVID-19, they could, without delay, notify the employer, so that all necessary measures for prevention of the further spread of the virus can be taken.
We are reminding all employers who have not done it thus far, that it is necessary they adopt the Plan of the implementation of the measures for hindering the occurrence and spread of the epidemic of infectious diseases, which we covered in our blog Attention, employers! Protective measures for health and safety work amidst COVID-19 are here.