Rector's circular on measures according to the SächsCoronaNotVO of November 23

Dear Madam, dear Sir,

Based on the SächsCoronaNotVO of November 19, 2021, the Senate discussed and decided today on the further measures for the winter semester 2021/2022 in accordance with Section 15 (5) SächsCoronaNotVO. The new rules will come into effect from November 24, 2021, after they will have been published as an updated Rector's Order.

The following regulations will then essentially apply to teaching:

  1. Courses in which a distance of 1.50 m between the participants cannot be kept in the designated course room due to the number of participants registered via OPAL shall be offered as online courses. They may be offered in partial attendance if it is ensured that online participation is possible additionally to the attendance event (hybrid format). Publishing scripts or lecture slides does not meet the requirements of a complete teaching unit. Furthermore, the minimum requirements for distance, hand hygiene, ventilation and mandatory wearing of face masks as well as the 3G requirement (vaccinated, recovered, tested) apply.

  2. Courses in which the distance between the participants of 1.50 m can be kept should take place in attendance. The lecturers are asked to allow online participation simultaneously with the attendance course (hybrid format). In all other respects, the minimum requirements for distance, hand hygiene, ventilation and mandatory wearing of face masks as well as the 3G requirement (vaccinated, recovered, tested) apply.

  3. All participants - including teachers - must have proof of their 3G status with them during the courses. If vaccination or recovery status is replaced by a test certificate, the test must not be older than 24 hours. The proof is to be checked by the teachers at the beginning of the course. Only certificates issued or confirmed by a German authority, an officially recognised test centre or a doctor established in Germany will be accepted. In the event of violation of the 3G requirement, the participant must be banned from the place and the name of the person concerned is to be reported to the Rectorate (Vice-Rector for Education).

  4. In all teaching events (unless other occupational health and safety rules apply in laboratories), face masks according to the FFP2 standard must be worn correctly; other masks, especially medical protective masks (OP masks), are not sufficient. Lecturers are exempt from this rule during their lectures.

  5. Laboratory practical courses and other practical courses as well as excursions and exercises shall take place in presence in compliance with the existing hygiene concepts. The minimum requirements for distance, hand hygiene, ventilation and mandatory wearing of face masks as well as the 3G requirement apply.

Apart from the above, it is already compulsory to provide a proof of vaccination, recovery or test for the participation in courses. In this regard, it must be ensured that tests pursuant to Section 15 (4) in conjunction with Section 3 (3) SächsCoronaNotVO are not older than 24 hours.

As of Wednesday, November 24, 2021, new rules apply to employment relations according to Section 28 b IfSG (Infection Protection Act). The law passed the Bundestag and the Bundesrat last week and was announced today. It will come into force on the day after the announcement.

The Rectorate and the Staff Council are discussing the measures to be taken. The following measures will have to be taken:

  1. Employers and employees may only access workplaces (where physical contact between employers and employees or with third parties cannot be excluded), and employers may only provide transport for multiple employees to or from the workplace, if they are vaccinated, recovered or tested as defined in Section 2 No. 2, No. 4 or No. 6 of the COVID-19 Protective Measures Exemption Ordinance of May 8, 2021 (BAnz AT 08.05.2021 V1) and if they have a vaccination certificate, proof of recovery or testing as defined in Section 2 No. 3 or No. 5 or No. 7 of the COVID-19 Protective Measures Exemption Ordinance of May 8, 2021 (BAnz AT 08.05.2021 V1) and keep the proof available for controls or have it deposited with the employer. This applies to the entire university campus including the university buildings.

  2. By way of derogation from (1), employers and employees are allowed to enter the workplace in order to

    a. take up a test offer made by the employer immediately before starting work to obtain a proof as defined in Section 4 (1) of the SARS-CoV-2 Occupational Health and Safety Ordinance of June 25, 2021 (BAnz AT 28.06.2021 V1), which was amended by Article 1 of the Ordinance of September 6, 2021 (BAnz AT 09.09.2021 V1), or

    b. to take up an offer of vaccination made by the employer.

    A test centre nearby the university is located in the Neue Mensa (canteen) of the Studentenwerk Freiberg. Another test centre close to the university is located at the Obermarkt in the Städtischer Festsaal (Municipal Festival Hall).

  3. All employers as well as the management are obliged to monitor compliance with the aforementioned requirements on a daily basis by means of verification of the certificates and their documentation on a regular basis.
    The checks for validation should be done and documented as close to the workplace as possible. For this purpose, the Human Resources Department will provide a handout to the deans' offices, institutes and central facilities with more specific details by Wednesday evening. The Handout has been discussed between the Staff Council and the Rectorate. From Monday next week, the verification is to be done comprehensively and area-wide. If agreed upon by the employee, the respective status of vaccination or recovery may be recorded and stored by the controlling unit to facilitate the check for validation and the keeping of records.

  4. In the case of office work or comparable work, the employer must offer employees the opportunity to fulfil their work in their homes if no compelling operational reasons are opposed to this. Employees shall accept this offer unless there are compelling reasons for them not to do so. The Federal States shall determine the competent authorities for the implementation of sentences 1 and 2 in accordance with Section 54, first sentence.
    According to the aforementioned provisions, employees of TUBAF are to be offered "mobile work" in accordance with the service agreement in effect and they must accept this offer. Urgent business-related reasons contradicting aforementioned provision are – amongst others – the processing of confidential documents and/or processes that cannot be processed exclusively in a secure digital manner, the implementation of classroom teaching, work in laboratories, workshops, technical centre buildings, work on facilities and the work of industrial employees. The initial decision as to whether there are urgent operational reasons is the responsibility of the respective supervisor. In the event of a dispute, the Head of Administration and Finance of the University shall decide.
Sincerely yours,
Prof. Dr. iur. Klaus-Dieter Barbknecht