On the 28th of November 2020, the order to wear a mask in the workplace if there is more than one person in the room came into force. On the 2nd of December 2020, the order was relaxed, giving employers the option of exempting employees from wearing a nose and mouth shield in the presence of other employees.
Therefore, in the event of contracting the coronavirus in the workplace, can an employee make claims for compensation against the employer? This question was answered by Wojciech Bigaj, attorney-at-law, in an interview with the Information Agency “Newseria Biznes” (Agencja Informacyjna „Newseria Biznes”), during which he admitted that the Labour Code does not provide for such a possibility, but claims may be raised under civil law, although the possible fault of the employer in this regard will be difficult to prove .
Mr. Bigaj also reminded viewers about the obligation to provide employees with safe and hygienic working conditions, as well as the possibility of imposing a penalty or even dismissing an employee who does not comply with the obligation to wear a mask. In the video, the BKB expert also referred to the issue of conducting coronavirus tests among employees, pointing out that the employer will not always be able to force an employee to perform a coronavirus test or to know its result.
We invite you to watch the full video material available HERE.