Anyone with a relatively new smartphone can install the Corona-Warn-App and help break chains of infection. The Robert Koch Institute’s Corona-Warn-App is considered exemplary in terms of data protection: It operates anonymously, stores data decentralized, and does not track the user’s location.
However, the use of the app raises questions under labor law—such as whether an employer can require employees to install and use the app.
We provide answers to the key questions:
Should I install the Corona-Warn-App on my phone?
This decision is voluntary, and therefore it is ultimately up to each individual to decide for themselves. We can recommend installing the app if it is ensured that the decision remains voluntary, that there is no risk of discrimination related to its use, and that continued pay is guaranteed.
The app is no substitute for infection control. That is achieved through the necessary protective measures in public and at work, as well as by adhering to social distancing and hygiene rules. However, the warning app can help track contacts with people who have been infected with SARS-CoV-2 and thus break chains of transmission. This requires widespread use of the app.
Are there any data protection concerns regarding the Corona Warning App?
According to data protection experts, the app’s decentralized structure and data encryption ensure a very high level of data security.
Will I face restrictions if I don’t use the warning app?
No. Since use is voluntary, no one can be denied access to government offices, restaurants, workplaces, or public transportation. The behavioral guidelines issued in response to the COVID-19 pandemic apply to everyone. It is not permitted to treat people who do not use the app differently.
Can my employer require me to install and use the Corona Warning App? What can the works council do?
No. The decision to use the app at work is also up to each individual. This also applies to company cell phones. Rules regarding voluntary use at work and for work purposes cannot be implemented without the works council’s consent.
IG Metall recommends that works councils, should a policy be established, enshrine the principle of voluntary participation: Anyone who does not use the app must not be disadvantaged or even disciplined. Nor may the employer reward the use of the app.
This also applies to the use of company cell phones outside of work and during personal time. Conversely, the use of the alert app on a company cell phone is permitted unless the employer specifies otherwise. If there is a policy stipulating that only expressly approved apps may be used on a company cell phone, the use of the alert app also requires the employer’s consent.
What happens if the alert app sends a risk notification?
The app notifies users with the message “increased risk” if it has detected an encounter with an infected person. This is always provided that the infected person also had a smartphone with the alert app and reported the information about their positive coronavirus test.
This is because, in principle, users are not obligated to report the information further. It is recommended that you immediately notify your primary care physician and/or the relevant health authority. They will arrange for a test and, if necessary, take further measures. In any case, the app will recommend staying home and limiting contact with others. It is important to note that health insurance will only cover the costs of tests ordered by the public health department or a doctor. If you arrange a test on your own, you must cover the costs yourself.
What are the implications for my employment if I’ve received a risk notification?
In addition to notifying your doctor or the public health authority, it is generally advisable to inform your employer about the suspected case and coordinate the next steps with them. If the employer asks the affected employee to stay away from work until a test result is available that rules out an infection with SARS-CoV-2, the employee’s right to pay remains in effect. However, you should clarify this before going home.
If working from home is possible, the employee may arrange this with their employer for the relevant period, if necessary.
The general rule should be that the affected employee continues to receive pay—even if they are not working—until a test result is available or until the authorities decide on further measures. Unfortunately, the legislature did not establish any regulations regarding this when the app was introduced. IG Metall continues to advocate for a corresponding clarification in the law. If there are doubts about how to proceed in a specific case, employees should contact the works council or the IG Metall office.
