Background information

Due to a large rise in infection, the government and social partners wanted to give employers the possibility to ask employees for corona passports in order to help reduce the risk of large-spread infection. In this way the measure aims at ensuring security in the workplaces quickly and efficiently and to stop infection among employees and loss of turnover. The parties further recommended a measure of requiring self-testing of employers to be introduced in parliament by law, which came in to force later the same month.

On 1. febraury 2022 Covid-19 was declared to no longer be a socially critical disease which also meant that this law stopped being active

Content of measure

The national government, FH (The Danish Trade Union Confederation) and DA (The Danish Employers Confederation) agreed on a tripartite agreement that will enable companies to require employees to show a valid COVID-19 passport. The tripartite agreement aims to create more security in the workplace and ensure that companies can reduce the risk of large-scale spread of infection among employees and loss of turnover.

The possibility of requiring testing of employees only applies in relation to COVID-19, and the agreement applies as long as COVID-19 is categorized as a socially critical disease.

Following the tripartite agreement an act was passed that enables employers to require the presentation of a COVID-19 passport or self-testing (to the extent that they are CE-approved tests). The act was passed on 25 November 2021 and came in to force on 26 November 2021.

• The possibility of requiring testing of employees only applies in relation to COVID-19, and the agreement applies as long as COVID-19 is categorized as a socially critical disease.
• If a company wishes to require an employee to present COVID-19 passport or to be tested, the company must inform the employee in writing beforehand.
• A test imposed by the company must, as far as possible, be carried out during the employee's usual working hours, and if this is not possible, the employee must be compensated financially for the time spent on the test.
• The right to order an employee to present COVID-19 passport is not covered by the data protection rules, as long as it is only a visual inspection, where the information is not collected, registered or otherwise processed.

Use of measure

Unknown.

Contents

• Health and safety

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Trade unions Employers' organisations	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Agreed (outcome) incl. social partner initiative	Agreed (outcome) incl. social partner initiative
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• Social partners jointly
• Main level of involvement: Peak or cross-sectoral level

Involvement

The government invited the social partners to tripartite discussions, as is the normal procedure for involving the social partners in decisions regarding the labour market. The two confederations are FH (Danish Trade Union Confederation) representing the employees, and DA (Confederation of Danish Employers) representing the private employers.

Views and reactions

Supportive. The parties recommend the initiative to be introduced by law.

Sources

• 12 November 2021: Trepartsaftale om arbejdsgiveres mulighed for at pålægge ansatte at forevise coronapas (bm.dk)
• 12 November 2021: Trepartsaftale skal give virksomheder mulighed for at kræve coronapas (bm.dk)
• 25 November 2021: LOV nr 2098 af 25/11/2021: Lov om arbejdsgiveres adgang til at pålægge lønmodtagere forevisning af coronapas, test for covid-19 m.v. (www.retsinformation.dk)