As of 26 January 2022, employees no longer need to be quarantined after having been in contact with a person who tested positive, provided that the employee is free of symptoms and works in an essential business process (such as health care). This new measure allows employers to organize their essential business processes with efficiency and continuity. But when can employers avail themselves of this new option?
Conditions
An employee need not be quarantined if he meets the following conditions:
- The employee must be so essential to the continuity of the organization that in the absence of this employee, business operations would be seriously hindered;
- The employee is irreplaceable;
- The employee cannot perform his job from home;
- The employee does not have corona or symptoms.
If it is decided that an employee doesn’t need to be quarantined, the employee will have to perform a daily self-test at home, to be offered free of charge by the employer; he will have to get tested by the GGD (Dutch Health Authority) five days after the contact with a contaminated person; he will have to wear a face mask and keep sufficient distance. Besides, the employee is always free to decide to go into quarantine anyway.
Determination of essential jobs
Who has the authority to decide which jobs are essential? To do this, the employer needs the consent of the works council or staff representation. If there is no works council or staff representation, a staff meeting must be convened at which the staff must be asked for advice. The Ministry of Health, Welfare and Sport has also advised to involve the company doctor in this process.
No quarantine for non-essential employees
Since 26 January 2022, the rules for non-essential employees have also changed. For example, if an employee has a household member who has corona, the employee will not have to be quarantined if he/she has had a booster vaccine more than one week ago and has no symptoms.
