In the dispute over corona test obligations in private and public companies, the Federal Labor Court (BAG) has made a landmark decision.
Germany's highest labor judge ruled on Wednesday in Erfurt in the case of an orchestra musician from Munich that employers can prescribe corona tests for their employees (5 AZR 28/22).
However, the obligation to test must be proportionate and weigh up the interests of both sides.
As in the previous instances, the flutist's lawsuit against what she considered to be inadmissible tests, which the hygiene concept of the Bavarian State Opera provided for, was unsuccessful.
Employers have a duty of care and can issue instructions in the interest of occupational safety to protect life and health, the Federal Labor Court explained.
The verdict could have an impact on thousands of workers if the corona infections should rise again drastically.
The flautist, who has since been fired, refused to have the PCR tests offered free of charge at the beginning of the 2020/21 State Opera season and at intervals of one to three weeks.
She was therefore excluded from rehearsals and performances and received no salary for several months.
According to the BAG, the instruction of the State Opera and thus of the Free State of Bavaria to carry out PCR tests was lawful.