1 Employers shall enable their employees at high risk to carry out their working duties from home. They shall take the appropriate organisational and technical measures to achieve this. Employees shall not be entitled to any compensation for expenses related to fulfilling their working duties from home as ordered by this this provision.
2 Where it is not possible for employees to carry out their regular working duties from home, employers shall, in derogation from the contract of employment and for the same pay, assign the employees concerned equivalent alternative work that can be performed from home.
3 Where for operational reasons the presence of employees at high risk in the workplace is essential at all or at certain times, they may carry out their regular activities in the workplace provided the following requirements are met:
- a.
- The workplace is organised so as to prevent any close contact with other persons, in particular by providing the employee concerned with his or her own room or a clearly separate working area.
- b.
- In cases where close contact cannot be avoided at all times, appropriate protective measures shall be taken in accordance with the STOP principle (substitution, technical measures, organisational measures, personal protective equipment).
4 If it is not possible for the employees concerned to work in accordance with paragraphs 1–3, the employer shall in derogation from the contract of employment assign them equivalent alternative work in their normal workplace for the same pay in conditions which meet the requirements of paragraph 3 letters a and b.
5 Before the employer takes any measures, he or she shall consult the employees concerned. The employer shall record the measures decided in writing and notify the employees of the same in a suitable manner.
6 The employee concerned may decline to carry out work assigned to him or her if the employer fails to meet the requirements of paragraphs 1–4 or if the employee regards his or her personal risk of infection with the coronavirus for specific reasons as being too high despite the employer taking measures in accordance with paragraphs 3 and 4. The employer may request a medical certificate.
7 If it is not possible for the employee concerned to work in accordance with paragraphs 1–4, or if the employee declines the work assigned in terms of paragraph 6, the employer shall furlough the employee while continuing to pay his or her salary.
8 Employees shall give notice that they are at high risk by making a personal declaration. The employer may request a medical certificate.
9
Article 2 paragraph 3
quater of the COVID-19 Loss of Earnings Ordinance of 20 March 2020
90 governs claims for compensation for loss of earnings related to the corona pandemic.
10 The following persons are regarded as being at high risk:
- a.
- pregnant women;
- b.
- persons with the diseases or genetic anomalies listed in Annex 7 who cannot be vaccinated on medical grounds.
11 The following persons are not regarded as being at high risk:
- a.
- pregnant women who have been vaccinated against COVID-19, for 365 days from the date on which the vaccination is administered in full;
- b.
- persons specified in paragraph 10 who have been infected with Sars-CoV-2 and have recovered:
- 1.
- when based on a molecular-biological analysis for Sars-CoV-2: for 365 days from the eleventh day after confirmation of infection,
- 2.
- when based on an analysis for Sars-CoV-2 antibodies in accordance with Article 16 paragraph 3 of the COVID-19 Ordinance on Certificates of 4 June 202191: for the term of validity of the certificate concerned.
12 The diseases and genetic anomalies referred to in paragraph 10 are defined in Annex 7 on the basis of medical criteria. The list of these criteria is not exhaustive. A clinical assessment of the risk in specific cases remains reserved and may lead to persons being classed as being at high risk under paragraph 10bis.
13 The FDHA shall continually update Annex 7 based on the state of science.
14 For the general protection of employees,
Article 25 of the
COVID-19 Special Situation Ordinance of 23 June 2021
92 applies.