Mr. Kalbermatter *, can the employer request that the employees in the office wear a mask?
If the federal government or the cantons require a mask to be used indoors, the case is clear anyway. But the duty of care towards the employee can also justify this measure. Labor law requires the employer to issue instructions and take measures that are necessary for health protection. At the moment, this probably also includes the requirement to wear a mask if other protection concepts such as sufficient distance are not possible or hygiene measures are not sufficient. In terms of proportionality, however, the obligation must remain as limited as possible, e.g. B. Obligation to wear a mask only for situations in which other protection concepts do not work and not simply for the whole working day.
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Can an office worker simply no longer come to work if he has to wear a mask?
No. If the employee refuses, he loses his right to wages and risks being fired for refusing to work. There is an exception if the worker is unable to wear a mask for medical reasons. Then the employer has to implement other measures for the employee concerned.
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Who would have to pay for the masks?
The masks for use in the workplace must be paid for by the employer. The situation is different for masks that are worn on the way to work. These are to be paid by the employee.
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* André Kalbermatter is a lawyer specializing in labor law
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