In view of the corona pandemic, unvaccinated people may be excluded from the company party of a clinic. That was the decision of the Berlin-Brandenburg Regional Labor Court (LAG) in the dispute over participation in the Charité summer party. The complaint of an employee from the IT department was unsuccessful, as the court announced on Monday.
The man wanted to legally force his participation in the festival in the Berlin Kulturbrauerei, to which Europe’s largest university hospital had invited for last Friday. Only fully vaccinated or recovered employees were allowed to do so. In addition, a daily, negative rapid corona test was required. According to the Charité, it was the first celebration of this kind since the beginning of the pandemic.
The Berlin labor court had already declared the specifications permissible last week. The LAG confirmed this decision last Friday in good time before the party (Az. 6 Ta 673/22): The employee has no right to take part in the summer party without complying with the requirements.
Because of the corona pandemic, there is a special reason for employees in clinics to take protective measures, especially in the form of proof of vaccination or proof of recovery. From the point of view of the lawyers, the employee suffered no disadvantages because he was not allowed to take part in the celebration. This applies all the more “in consideration of the possible disadvantages of running the clinic with regard to the risk of infection”.
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