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There was lex Hoc, there is lex Rychlik. The Sejm will deal with it on February 1

MedExpress Team

Medexpress

Published Jan. 28, 2022 09:17

There was lex Hoc, there is lex Rychlik. The Sejm will deal with it on February 1 - Header image
Fot. Wikimedia Commons

There will be an additional day of the Sejm session for deputies to pass lex Rychlik, a new covid act that has replaced lex Hoc. The first reading will be carried out earlier by the Health Committee. The draft was published on Thursday evening on the website of the Sejm, it was signed by only PiS MPs, including Jarosław Kaczyński. Thus, the over half-year odyssey of the bill on the verification of the covid status of employees and the rights of employers, known in recent weeks as lex Hoc, is undergoing to history. Paweł Rychlik became the deputy rapporteur for the new draft, prepared in the government - although in the Prime Minister's Office rather than in the Ministry of Health - Paweł Rychlik.

When the law enters into force, employers will be able to require employees and persons performing work for them under civil law contracts to provide information that they have negative results of the SARS-CoV-2 diagnostic test. - The need to introduce such solutions is dictated by the need to popularize the performance of diagnostic tests, which are an effective tool for preventing the spread of SARS-CoV-2 virus - we read in the justification.

The authors of the project state that although "protective vaccinations against COVID-19 undoubtedly significantly reduce the risk of developing COVID-19, and in the event of disease, they alleviate the course of the disease, they do not completely eliminate the spread of SARS-CoV-2 virus".

Therefore, testing will have to be performed by both unvaccinated and vaccinated workers. Healers also.

An employee will be able to take a free test once a week (unless the minister of health decides otherwise, taking into account the changing epidemic situation and the availability of tests). The tests will be financed by the COVID-19 Counteracting Fund.

At the stage of lex Hoc proceedings, one of the basic accusations against that regulation was the inconsistency with regard to employees who, despite the employer's request, will not perform the test. Lex Rychlik does exactly this. The draft explicitly assumes that an employee who has not undergone the diagnostic test will continue to work for the employer under the existing rules. Therefore, he/she will not be delegated to perform work outside the permanent place of work or perform any other type of work. Where's the catch? In the situations provided for in the draft act, it may be required to pay compensation for infection with the SARS-CoV-2 virus.

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