Court Partially Annuls Obligations For Employees Testing Positive For Covid-19
On Tuesday, the Supreme Administrative Court partially annulled rules set by the Ministry of Health concerning the obligations on employees testing positive for Covid-19, which the court said contained serious errors in the reasoning. The effect of the judgment has been delayed by four days. Photo Credit: Freepik / Illustrative Photo.
Czech Rep., May 12 (BD) – On Tuesday, the Supreme Administrative Court (SAC) annulled one of the Ministry of Health’s extraordinary regulations concerning the testing of workers, which requires those who test positive for Covid-19 to inform a doctor or hygiene agency and keep records of the tests performed.
A businesswoman offering cosmetic and massage services appealed to the court, arguing, among other things, that the pandemic law cannot require people to keep records of tests performed. Judge Tomáš Rychlý agreed with her and annulled the order. According to the SAC, no justification was provided for the obligation to keep records of the tests performed, nor was the purpose for which these records are to be kept defined.
The court delayed the effect of the judgment by four days to give the ministry time to issue a new measure. According to the verdict, the ministry must above all justify the measure more thoroughly, but is also obliged to comment on the reasons for interfering with the rights and interests of citizens, as required by pandemic law.
“Unfortunately, the Ministry of Health has been so far reluctant to justify the regulation, which significantly interferes with the fundamental rights of workers and employers,” said Rychlý.