Swiss Covid 19 certificate according to traffic light system
On 19 May, the Federal Council concretised the regulation of the Covid 19 certificate.
With the Covid-19 certificate, any person can prove that they are either immune to the virus (vaccinated or recovered) or that there is a very small chance that they are contagious (tested promptly). Those who cannot or do not want to be vaccinated can also obtain a certificate with a coronary test. However, self-tests are not sufficient to obtain a certificate because they are not accurate enough. Children and adolescents up to 16 years of age should be granted general access without a Covid certificate.
The Federal Council only wants to use the certificate for as long as necessary. The aim is to gradually reduce the requirements for the protection concepts in accordance with the three-phase model and then to abolish them. The Federal Council distinguishes between three areas for the application of the certificate.
Green area: Where the certificate is excluded
The first, green area includes places of everyday life and contacts with authorities. Here, the certificate is explicitly excluded because it concerns state tasks or elementary liberties and fundamental rights. Examples are private and religious events, public transport, shops, the workplace or schools.
Orange area: Where the certificate prevents closures or is voluntary
The second, orange area includes places that are not quite commonplace but are frequented by a very large number of people. Examples are bars and restaurants, events, leisure, sports and entertainment businesses, sports and cultural clubs or visits to hospitals and homes. Here the use of the certificate is not foreseen. However, should the epidemiological situation worsen and there be a threat of the health system being overloaded, then closures are to be prevented by restricting access to people with a Covid certificate. At the moment, there is reason to hope that this will not be necessary thanks to the progress of vaccination.
In this area, which involves legal relationships between private individuals, it should also be possible to use the certificate on a voluntary basis until the requirements for protection concepts are lifted. For example, a restaurant, a cinema or a fitness centre should be able to restrict access to persons with a Covid certificate and thus dispense with protection concepts, capacity restrictions or requirements such as the mask obligation.
Red area: Where the certificate allows openings
The third, red area covers international passenger traffic and places that are sensitive from an epidemiological point of view, such as large events or discotheques. It can be assumed that many countries will require a Covid certificate on entry. For large events as well as clubs and discotheques, the use of the certificate is envisaged in the Federal Council's opening strategy. Here, too, its use is to be limited in time. For large events, the Federal Council envisages an opening with a gradual increase in the maximum number of persons.
The first certificates are to be issued in stages from 7 June 2021 and will be available to the public by the end of June at the latest, when the first measures will be linked to the use of the certificate.
Source: Confederation
The Covid 19 Act
In order to mitigate the negative effects of the coronal pandemic, the Federal Council decided on a series of measures and various forms of assistance (e.g. compensation for short-time working, compensation for loss of earnings, support for culture, sport and the media). Because the Epidemics Act did not provide the legal basis for all the measures, the Federal Council relied on emergency law, as provided for in the Constitution for such crisis situations.
However, such emergency legislation is limited to six months. In order to be able to continue the measures, the Federal Council and Parliament drafted the Covid 19 Act. Parliament passed the law by urgent procedure and brought it into force immediately.
A referendum has been held against the law. In the opinion of the referendum committee (Verein "Friends of the Constitution"), the law was hastily drafted and bypassed the people. In addition to some positive elements, it contains harmful ones (e.g. subsidies for the media), writes the committee.
In the opinion of the Federal Council and Parliament, the law was passed in accordance with the democratic rules of the game. The law was necessary in order to be able to continue providing aid to those affected by the pandemic for as long as necessary, thereby preserving jobs and ensuring the survival of Swiss companies.
YES-parole of the business associations
If the law is rejected, it would expire on 25 September 2021, one year after it was passed. From that date, there would no longer be a legal basis for economic support payments to cope with the crisis, and a situation of great uncertainty could arise as to what happens next, according to the Federal Council's statement.
Not only the majority of parliament, but also large parts of the economy support the bill. For many Swiss companies, the law is vital to their survival, writes the business association Economiesuisse. If the Covid 19 Act is rejected, both the economy and the population will no longer be able to count on the support provided for in the law. In the event of another wave of pandemics, this would inevitably lead to uncertainty. There is a risk of bankruptcies and mass redundancies, as Economiesuisse stresses in its press release. The economy needs legal certainty in the crisis. That is why the board of Economiesuisse clearly the YES-parole on the Covid 19 Act. The Swiss Trade Association has also issued the YES-parole (his arguments can be read here), but also the management of HotellerieSuisse. Most of the parties are also in favour: EVP, FDP, GLP, GPS, Mitte, SPS. The SVP has decided not to vote and the EDU is in favour of a "no" vote.
Source: Confederation, economiesuisse, Swissvotes, rs
Short-time work compensation increased
The maximum period of entitlement to short-time working compensation (KAE) will be increased from the current 18 months to 24 months. This was decided by the Federal Council on 12 May 2021. In addition, the summary procedure for the settlement of KAE will be extended again by three months until the end of September 2021. Further measures of the Covid Regulation ALV are limited until the end of June. The Federal Council will decide in June whether these will also have to be extended due to pandemic-related economic restrictions. In doing so, it will take into account the epidemiological developments in the coming weeks and the associated loosening of economic restrictions and their impact on the labour market, the media release concludes.
Source: Confederation
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