Termination, heavy fine or even imprisonment. Since November 24th, the legal situation with regard to fake corona tests, recovery or vaccination certificates has tightened significantly.
According to the new Infection Protection Act, 3G rules apply at the workplace: Employees must prove that they have recovered, have been vaccinated, or have tested negative for the coronavirus within 24 hours in order to gain access to the workplace. If someone presents a fake health document, serious consequences threaten.
What exactly does this mean for employers and employees? We explain:
- When falsified health certificates are a criminal offense,
- What employers are allowed to do in the event of violations of the Infection Protection Act and
- How employees can proceed if they are accused of having presented a fake corona test or vaccination certificate.
Is it a punishable offense to use a false vaccination certificate?
Until recently, only submitting a fake health document to insurance companies and official authorities was punishable under the Criminal Code. This legal loophole has been closed by changes to the Infection Protection Act. The use of a fake document at work or in the pharmacy is also sanctioned. If a forged health certificate is used “to deceive legal transactions”, this can be punished with a fine or a prison sentence of up to one year according to Section 279 of the Criminal Code.
The legislative changes brought about by the Ampel-Coalition also specify the criminal consequences for forgers of health certificates. According to Paragraph 275: “Anyone who prepares the production of an incorrect vaccination card by documenting a vaccination that has not been carried out in a Blankett vaccination card or by procuring a Blankett vaccination card that has been supplemented in this way, for sale, keeping it, or giving it to someone else undertakes to import or export, is punishable by imprisonment for up to two years or a fine. “
[Wenn Sie alle aktuellen Entwicklungen zur Coronavirus-Pandemie live auf Ihr Handy haben wollen, empfehlen wir Ihnen unsere App, die Sie hier für Apple- und Android-Geräte herunterladen können.]
There is a risk of higher penalties if offenders produce or distribute falsified evidence “professionally” or as an organized gang. The state can punish this with up to five years imprisonment.
Can the employer terminate the contract because of a falsified vaccination certificate?
At work, too, bogus health records can have serious consequences. Anyone who presents a forged vaccination card or corona test violates the Infection Protection Act and can be terminated by the employer.
[Beliebt auf tagesspiegel.de: Wie gut wirkt meine CoronaImpfung noch, wann brauche ich den Booster? Die Antwort gibt der Tagesspiegel-Impfschutzrechner]
Superiors rarely leave such an incident to a warning. In most cases, this is followed by termination without notice, as the relationship of trust between the boss and the employee is also ruined. Some companies even forward the case to other companies.
This type of eviction also has financial implications. If the job loss is your own fault, as is the case here, you are not entitled to unemployment benefit I.
Can the employer also terminate on suspicion?
Equally, a boss may terminate the employment relationship if there is reasonable suspicion of a violation of the Infection Protection Act. It is true that superiors must present the employee with a conclusive reason for the termination. However, you are not obliged to prove the violation.
[Lesen Sie auch: Verstoß gegen Corona-Branchenregeln: Lufthansa-Personal wütend über mehr Bordservice (T+)]
What rights do accused employees have?
It depends on the exact situation. In general, suspects do not have to answer all of the employer’s questions or engage in lengthy “interrogation”. In addition, supervisors are not allowed to photograph the fake document.
Instead of a termination without notice, a boss can propose a termination agreement. This is a voluntary agreement between employer and employee to end the employment relationship.
This solution has both advantages and disadvantages. On the one hand, a termination agreement can avoid termination without notice, which makes both the application for unemployment benefit I and the job search easier. However, once such a contract has been signed, it is no longer possible to take legal action against it. Therefore, the document should be carefully reviewed before any decision is made.
A legal action could be an option for employees, especially if the dismissal is suspected. The The procedure for this must be initiated within three weeks of receipt of the letter of termination, otherwise the termination is legally effective. But be careful: In such a process, each party bears its own legal fees. Only the court fees are covered by the loser. A legal process should therefore be well thought out and financially balanced.
–
