FOCUS Online : The Coronavirus attacks, also in Germany more and more. Many citizens fear a contagion, but a lot more people is threatening a quarantine, especially in the cities. How long do I have to stay home when my quarantine was prescribed?
Tobias Törnig: I have to keep it as long as the ordered quarantine, as arranged by the competent authority. This will guide the authority in the rule to the current knowledge about the maximum incubation period of the Virus. The Robert Koch-Institute, for example, speaks of 14 days.
FOCUS Online I’m written during quarantine, the sick, or do I need to work in a home office, if the company demands it?
business law firm FPS legal expert Tobias Törnig
Tobias Törnig is a lawyer and has specialised in employment law. He works in the düsseldorf office of the law firm FPS.
Törnig: Are you as an employee, without symptoms, and only as a preventive measure under quarantine, you are basically able to work. As far as the home office is under the contractual arrangements is permitted and possible, may request the employer that the worker from home works.
FOCUS Online : And who takes care of me? I have to claim that me and possibly my family, someone supplied during a quarantine? The pay, maybe even health insurance?
Törnig: My supply, for example, with food I need to organize during the home quarantine, in principle, for example by relatives, friends, or even delivery services. People who are not able to find the health Department will certainly help, for example, by organizations such as the German Red cross. But: Since you are not sick, you will not be entitled to reimbursement of the costs.
trip cancellation insurance doesn’t work with quarantine
FOCUS Online But any special rights apply then? Finally, I can’t help it, but handle as a result of official instruction. What is it, for example, with booked Tickets I can’t use, perhaps?
Törnig : Have you planned a trip and be put under (in-home) quarantine, the General principle is the same as in the case of a disease: you will not be able to free to withdraw from the booking and the appropriate cancellation have to accept the charges. Common trip cancellation insurance does not provide for this, in General, no protection, in any case, without their own disease. Often the dangers of pandemics, there are even explicitly excluded – if Corona should be from the WHO pandemic declared.
Here you will find even more answers by Tobias Törnig on the topic of Coronavirus and labour law.
FOCUS Online : And what happens if I want to stay home, but me not think and the quarantine disregard, whether out of boredom, because I don’t want to miss a trip or more reasons?
Törnig: by The competent authority quarantine is an administrative act, the authority shall, if necessary, also coercive, i.e., for example, with the help of the police. The person Concerned is arranged in the quarantine or the authority must, in the fear that the person Concerned behaves in an unreasonable, and may even be quarantined in a designated completed, the hospital arranged.
health, including the management checks in every day, if necessary, police
FOCUS Online </strong arrives, But who controlled because, if I abide by the quarantine? Monitored my house or apartment?
Törnig : During quarantine, the health Department is usually in daily contact with the person Concerned. So the health condition can be reliably monitored and further measures taken if symptoms show. The staff of the health office will not notice, therefore, probably relatively quickly, if wearers hold to the arrangement and, if necessary, with the help of the public order office and the police after the Affected person has to look for.
This, in turn, leads to a determination procedure in the case of the prosecution and – if the Affected behavior is actually a criminal offence has a criminal command or a conviction by the district court. Because I consider myself not on the arranged protection measures, in particular the (domestic) quarantine, do I make myself punishable!
Here you will find all the latest information on Coronavirus outbreak.
In extreme cases, punishment for negligent homicide
FOCUS Online : And what is the penalty for me specifically?
Törnig: The infection protection act in the case of negligence, imprisonment up to one year, and in the case of intent, even up to two years. In General, it will run but probably on a fine with a manageable number of daily rates also. I’m spreading, however, due to my behavior of the pathogens, are also significantly higher fines possible, for example, because of negligent bodily injury or negligent homicide. 10 questions to Corona, the move, the Germans – and a positive side-effect of FOCUS Online 10 questions to Corona, the move, the Germans – and a positive side-effect
