Czech Republic: COVID-19 - Obligatory testing of employees

In brief

The Czech government has implemented obligatory testing of employees. Please find the details below.


Employers employing more than 250 employees

Employers employing more than 250 employees have the obligation to ensure, by 3 March 2021 at the latest, provision of antigen COVID-19 tests performed by a provider of medical services, or tests suitable for self-testing to determine the presence of SARS-CoV-2 virus antigen. Employers must ensure that such tests are provided on a weekly basis, and each employer must ask its employees to take such tests at the latest from 5 March 2021.

As of 12 March 2021, the employer cannot allow the presence at the workplace of an employee who has not undertaken COVID-19 test with a negative result in the last 7 calendar days, whether an RT-PCR test or an antigen test or a preventive test to determine the presence of SARS-CoV-2 virus antigen provided by the employer (save for limited exceptions, as stated below).

If the employee performs work exclusively outside the employer's workplace within a seven-day period, the employer will allow him to take a preventive test outside the employer's workplace.

Employers employing 50 to 249 employees

Employers employing between 50 to 249 employees have the obligation to ensure, by 5 March 2021 at the latest, provision of antigen COVID-19 tests performed by a provider of medical services, or tests suitable for self-testing to determine the presence of SARS-CoV-2 virus antigen. Employers must ensure that such tests are provided on a weekly basis, and each employer must ask its employees to take such tests at the latest from 8 March 2021.

As of 15 March 2021, the employer cannot allow the presence at the workplace of an employee who has not undertaken a PCR or antigen COVID-19 test with a negative result in the last 7 calendar days, whether an RT-PCR test or an antigen test or a preventive test to determine the presence of SARS-CoV-2 virus antigen provided by the employer (save for limited exceptions, as stated below).

If the employee performs work exclusively outside the employer's workplace within a seven-day period, the employer will allow him to take a preventive test outside the employer's workplace.

Exceptions from the above rules

The following employees are exempt from the obligation to undertake a COVID-19 test:

  • employees working from home;
  • individuals who have contracted COVID-19 in the past (confirmed by a laboratory result), are no longer in isolation, do not have any COVID-19 symptoms, and their first positive PCR or antigen test is not older than 90 days.

Obligations of employees

Employees are obliged to undergo the COVID-19 test based on the request of their employer. In case an employee refuses, it can be considered as a breach of obligations arising from legal obligations related to the performance of work, and the employer may take disciplinary measures (in our view, a written warning letter under Section 52 (g) of the Labor Code would be an adequate disciplinary measure).

In case the employee tests positive with the antigen COVID-19 test provided by the employer, the employee must without any delay notify the employer, leave the workplace and return to his/her residence, and notify the provider of occupational health services (if such obligation was imposed by the employer) or his/her general health practitioner, or the hygiene authority. Such employee would be sent for a PCR COVID-19 test to determine the presence of SARS-CoV-2 virus to confirm the result of the antigen test.

Read full alert

* * *

We will continue to keep you updated on any major developments that may impact your business.

In the meantime, do not hesitate to contact us if you have any questions or comments.

Contact Information
Zuzana Ferianc
Associate at BakerMcKenzie
Prague
zuzana.ferianc@bakermckenzie.com
Martina Marchand
Associate at BakerMcKenzie
Prague
martina.zavodna@bakermckenzie.com

© 2021 Baker & McKenzie. Ownership: This site (Site) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms, including Baker & McKenzie LLP). Use of this site does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All information on this Site is of general comment and for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulation and practice are subject to change. The information on this Site is not offered as legal or any other advice on any particular matter, whether it be legal, procedural or otherwise. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any information provided in this Site. Baker McKenzie, the editors and the contributing authors do not guarantee the accuracy of the contents and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this Site. Attorney Advertising: This Site may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Site may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. All rights reserved. The content of the this Site is protected under international copyright conventions. Reproduction of the content of this Site without express written authorization is strictly prohibited.