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Wednesday, July 6, 2022

Covid Act – a new PiS project. What does the project provide?

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The draft of the new covid act appeared on the parliamentary websites. It assumes, inter alia, that the employer will be able to require the employee to provide information on a negative test result once a week and that the infected employee will be able to submit an application to the employer “to initiate proceedings for compensation benefit” for infection from an employee who has not undergone the test.


An MP’s bill “on special solutions for the protection of citizens’ life and health during the COVID-19 epidemic” has appeared on the parliamentary website. It was brought by a group of PiS deputies. MP Paweł Rychlik was authorized to represent the applicants. According to the information available on the parliamentary website, the draft was referred for the first reading by the health committee.

The draft states that “the employee is entitled to a free SARS-CoV-2 diagnostic test financed by the COVID-19 Counteracting Fund”. The employee is entitled to a free test once a week, but this frequency may change due to the epidemic situation.

The employer will be able to request a test

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The draft stipulates that the employer may request the employee, within a specified period of not less than 48 hours in advance, not more often than once a week, to provide information that he or she has a negative result of the SARS-CoV-2 diagnostic test performed not earlier than 48 hours before his presentation.

The employee will be able to file a claim for compensation

The draft also provides that an employee infected with coronavirus, who has a reasonable suspicion that the infection occurred in the workplace or other place designated for work, may submit to the employer within two months from the date of termination of isolation, home isolation or hospitalization due to COVID. ‑19, a request “to initiate proceedings for compensation for SARS ‑ CoV ‑ 2 infection due to an employee who did not undergo the SARS ‑ CoV ‑ 2 diagnostic test”.

In such a request, the employee will have to indicate the circumstances justifying that the infection occurred in the workplace or other place designated for work, and indicate people with whom he had contact in this workplace or place “in the period preceding the infection, not longer than 7 days”.

The employer will have to verify, within seven days of receiving the application, whether among the employees with whom the employee had contact with the SARS-CoV-2 virus, there are people who did not undergo the SARS-CoV-2 diagnostic test in the period preceding the infection. , not longer than 7 days.

The employer submits the application to the voivode

If the employer confirms that among the employees who have had contact with an employee infected with coronavirus, there are people who did not show a negative test result, “the employer immediately, no later than within 3 days” must submit the infected employee’s application to the competent voivode with due to the place of work, together with a list of employees who did not undergo the test, and were indicated by the infected employee as persons with whom the employee had contact.

As the draft further provides, in the next step, the voivode, on the basis of the application, initiates proceedings for compensation for infection. The date on which the proceedings are commenced is the date on which the application is delivered.


Both the applicant and the employee obliged to compensate the voivode’s decision are entitled to an application for reconsideration of the case. “The right to file a complaint to the administrative court is available to the applicant and the employee obliged to pay compensation for SARS-CoV-2 virus infection also against the decision from which no application for reconsideration has been filed” – we read.

“The amount of the compensation benefit due to infection with the SARS-CoV-2 virus is the equivalent of 5 times the minimum remuneration for work specified in the provisions issued on the basis of Article 2 (5) of the Act of 10 October 2002 on the minimum remuneration for work (Journal U. of 2020, item 2207) in force on the date of submitting the application “- it was written.

The employee may claim compensation from the employer

The draft act also provides that if the employer has not exercised the possibility of requesting the test result from the employee, and the employee who has been confirmed to be infected has a reasonable suspicion that the infection occurred in the workplace or other place designated for work, he may apply to the voivode with a request to initiate proceedings “on the compensation benefit for SARS-CoV-2 infection due from the employer”.

In a situation where the employer used the possibility of requesting the employee to show the test, and employees who had contact with an employee who did not undergo the test, were found to be infected with the virus, he may apply to the voivode for compensation from the employee who did not submit to the test. test. “The application is considered if, as a result of the employer being infected with the SARS-CoV-2 virus, the employer’s business activity has been significantly impeded,” the draft reads.

There is no distinction between vaccinated and unvaccinated

However, the draft does not distinguish between the vaccinated and the unvaccinated. Applicants explain this in the justification to the project.

“It should be noted that protective vaccinations against COVID-19 undoubtedly significantly reduce the risk of developing COVID-19, and in the event of falling ill, they alleviate the course of the disease, but do not completely eliminate the spread of SARS-CoV-2 virus. Therefore, it is necessary to introduce also other instruments that inhibit the transmission of the SARS-CoV-2 virus. Following this assumption, the draft act does not provide for different regulations regarding the performance of SARS-CoV-2 diagnostic tests for people who have been infected with SARS-CoV-2, people who have undergone vaccinations against COVID-19, and unvaccinated people “- it was written.

A fine of up to PLN 6,000

The draft also mentions fines for non-compliance with prohibitions and restrictions. “Whoever, during the period of the epidemic threat or state of epidemic, does not comply with the bans, orders, limitations or obligations set out in the provisions on preventing and combating infections and infectious diseases in humans, issued in connection with the COVID-19 epidemic, shall be subject to a fine of up to 6,000 gold “- it was written.

Lubnauer: this law should be called “Common Informing”

The assumptions of the bill were commented on by Katarzyna Lubnauer, a member of the Civic Coalition in an interview with TVN24. – This is a bizarre law. Its name should be “Widespread Informing.” This is an act that only contains rules related to the fact that one can report on the other if he or she is not tested or has infected someone, according to suspicion – she said.

– This law is geared towards two things. First of all – quarrels with society and make everyone report on everyone. Secondly – administrative penalties of several thousand for people who break any regulations – she added.

Main photo source: PAP / Tomasz Gzell

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