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Work organization and labor law

Yes. As of 24 No­vem­ber, all employees (in­clu­ding adjunct lecturers) must present 3G proof at the workplace in ac­cor­dance with the new Infection Protection Act (Infektionsschutzgesetz). At TU Dort­mund Uni­ver­sity, the direct superiors are responsible for checking this. In principle, the originals of the proof of immunization must be checked once: A self-declaration is just as insufficient as a visual check of the green tick in the TU app. Individuals who are not or not yet fully immunized must provide their superiors with a current ne­ga­ti­ve citizen test on each day of attendance. Employees must carry the 3G evidence with them at the workplace in case the law enforcement authorities carry out checks on campus.

The control of the 3G certification is the res­pon­si­bi­li­ty of the direct superiors at TU Dort­mund Uni­ver­sity. A sample form for this can be found in the Service­Portal. The superiors must document that a vaccination certificate, proof of recovery or a current ne­ga­ti­ve test result from a certified testing center has been presented. For vaccinated employees, a single check is sufficient. In the event of recovery, the date of expiry of the six-month validity period must be noted, counting from the date of the positive PCR test. In principle, the originals of the immunization certificates must be checked once: A self-declaration is not sufficient, nor is a visual check of the green tick in the TU app. Persons who are not or not yet fully immunized must present a current ne­ga­ti­ve citizen test to their superiors on each day of attendance. Employees must carry the 3G evidence with them at the workplace in case the law enforcement authorities carry out checks on campus.

In principle, the res­pon­si­bi­li­ty for the control lies with the direct superiors. However, they can also delegate the task. In any case, it must be avoided that persons check their own documents, as this contradicts the dual control principle.

Home office should be made possible, provided there are no compelling operational reasons against it. At TU Dort­mund Uni­ver­sity, this connects to the existing agreement that the home and on-site workplaces are equally valid. Where no agreement can be reached between employees and their superiors, the Department of Human Re­sour­ces decides after a hearing. When working from home, employees must ensure that they can be contacted during normal working hours. When working on site, a 3G certificate must be presented and the specifications of the general hygiene concept must be complied with.

The recording of working time in the flexitime system remains suspended.

At the beginning of December 2020, the management of TU Dort­mund Uni­ver­sity agreed with the personnel representatives on a guideline on home office for the employees of TU Dort­mund Uni­ver­sity. The document offers practical advice to superiors on how home offices can be equipped for efficient work. This includes furniture as well as IT equipment and software applications. The guide also discusses how additional train­ing can be carried out from home and what specific offers there are on the subject of home office. This guide is available on the Service­Portal.

The Office of Occupational Safety, Environmental and Health Protection is continuously developing the general hygiene concept further. All TU mem­bers can view the current version in the service portal. It describes basic rules as well as special rules for different scenarios such as work in the office, work in workshops, oral exa­mi­nations, exa­mi­nations, review of examination documents, teaching in attendance, meetings/conferences, re­search in the laboratory and laboratory internships. The guideline for the employment of persons at risk (Annex 1) was updated on Au­gust 25.

The most im­por­tant rule is to keep your distance. This means, among other things, that work should take place in individual offices wherever possible. Where this is not possible and the rooms are large enough (10 square metres per person), several people can work in one room, observing the rules on distance. It is mandatory to wear a medical mask in all buildings and rooms. This may only be removed at permanently assigned workplaces without public traffic, provided the hygiene rules of TU Dort­mund Uni­ver­sity are observed. The hygiene concept also describes requirements for the use of lifts, tea kitchens or sanitary facilities as well as (new) cleaning of communally used equipment. Wherever possible, com­mu­ni­cation should be di­gi­tal.

It is absolutely necessary for working in the office on-site that the specifications of the general hygiene concept are adhered to. For working in the office, the Office of Occupational Safety, Environmental and Health Protection has prepared a separate chapter in the general hygiene concept and also produced a video tutorial. In case of deviations from the specifications of the general hygiene concept, please contact the Office of Occupational Safety, Environmental and Health Protection.

If multiple occupancy of offices is required, employees must be immunized. A risk assessment must be available for the workplaces. If the minimum distances in the offices cannot be safely maintained, technical barriers (Plexiglas) and minimum distances are required and the wearing of a medical mask is still recommended. Unless third parties, such as visitors, can be excluded, masks are mandatory. For non-immunized employees, masks are mandatory indoors (except in the individual office without visitor contact).

The Office of Occupational Safety, Environmental and Health Protection provides certified surgical masks to the Dean’s Offices and other in­sti­tu­ti­ons which can be issued to employees for work on campus. A contingent of FFP2 masks is available if it is inevitable to work without a minimum distance in special situations.

The general hygiene concept of TU Dort­mund Uni­ver­sity has been supplemented by a concept for lectures and practical courses in attendance, so that departments do not have to create their own separate hygiene concept for courses that comply with the frame­work described there.

For courses with special interaction, in sports or music, a separate hygiene concept must also ensure that the necessary infection prevention measures are observed. For re­search operations in laboratories and workshops, it is also necessary to draw up an area-specific hygiene concept.

The developed hygiene concepts are checked by the Office of Occupational Safety, Environment and Health Protection. The team of the office is also available for consultation.

Against the background of the Co­ro­na pandemic, parents will be able to claim 30 instead of 20 working days of children's sick pay for each child covered by statutory health insurance in 2021. If there are several children, each parent is entitled to a maximum of 65 working days in total. For single parents, the entitlement increases by 20 to 60 working days per child. If there are several children, single parents are entitled to a maximum of 130 working days in total. This entitlement also applies if parents look after their children themselves at home. Eligible are working parents with statutory health insurance cover. Further in­for­mation can be found on the pages of the TU Dort­mund Familien Service. The expanded regulations on children's sick pay are to continue to apply in 2022.

If employees are quarantined by the responsible health authority, this order is binding. For a period of six weeks, the salary will continue to be paid as in the case of inability to work. After this period, payment of salary will cease and the regulations on sick pay will apply.

The federal and state governments have agreed that, starting 1 No­vem­ber 2021, no wages will be paid if a non-immunized person must remain in quarantine for up to 10 days after coming into contact with an infectious case or returning from a risk area (and cannot work from home in the meantime). Those who are infected also receive pay while in quarantine, regardless of their vaccination status.

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