A facemask is a must!

From 28 November 2020 (until 27 December 2020), employees are required to cover their mouth and nose if there is more than one person in a room. This obligation can be fulfilled by using clothing or its part, a mask, a face shield or a protective helmet.

So, if an employee is not alone in a room, they absolutely have to use a cover such as a mask. The obligation applies not only to rooms where employees carry out their duties but also to such rooms as kitchens or canteens.

An employee may refuse to cover their mouth and nose only if it is impossible to use them due to health issues.

Therefore, if there are no health contraindications for covering their mouth and nose, they should absolutely comply with this obligation. If they refuse to do so, the employer has the right to instruct the employee to cover their mouth and nose during work.

By refusing to follow the employer’s instructions, the employee violates their employee duties.

The changes were introduced by the Regulation of the Council of Ministers of 26 November 2020 on introducing certain restrictions, orders and bans in connection with the epidemic.

Marta Strzecha-Bociąga, Attorney-at-law