Coronavirus: Guide for International Employers
What’s next?
Our specialist employment lawyers from across the world For example, working from home; what happens if an have put together this Guide to help international employee falls sick; dealing with national lockdowns in the employers navigate the key issues around keeping your countries to which this applies; and accessing much- employees safe and your business on the road in the time needed government funds to keep businesses going. of coronavirus .
Our list of topics is as follows:
• Restrictions on daily life
• Resuming activity
• Data privacy and the use of apps
• Pay and leave
• Reduction of activity and restructuring
• Travel
• Discrimination
• Reporting to the authorities
• Emergency laws and the implications for businesses
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Tracy Zhu Desmond Wee Lea Rossi Jeffrey D. Mokotoff China Singapore Italy United States Fangda Partners Rajah & Tann Toffoletto De Luca Tamajo e Soci FordHarrison [email protected] [email protected] [email protected] [email protected]
Our Global Taskforce
Get in touch with our coronavirus team for all queries about employment and the coronavirus in any of our 59 countries. The team can put you directly in touch with partners in the countries you need to know about.
The coronavirus is spreading very fast, so we look at the steps you can take to keep your employees and your business as safe as possible.
Note that we make every effort to keep this document up to date, but the landscape is changing every day. Before you take action based on anything we say here, please verify it with a specialist employment lawyer. There are plenty to choose from – at the end of each country’s text you will find contact details.
You can also visit our Coronavirus Resource Page and find the information and tools you need to help you manage your international workforce in the wake of the coronavirus .
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Click on a country to go directly to it
Argentina Denmark Lithuania Slovakia
Australia Estonia Luxembourg Slovenia
Austria Finland Malta South Korea
Bahrain France Mexico Spain
Belarus Germany Netherlands Sweden
Belgium Greece New Zealand Switzerland
Brazil Hong Kong Norway Thailand
Bulgaria Hungary Peru Turkey
Canada India Poland Ukraine
Chile Ireland Portugal United Arab Emirates
China Israel Romania United Kingdom
Colombia Italy Russia United States
Croatia Japan Saudi Arabia Venezuela
Cyprus Kazakhstan Serbia
Czech Republic Latvia Singapore
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• Avoid group meetings.
Argentina From midnight 19 March, the Compulsory isolation is gradually being • Suspend internal and external Government has imposed a restriction on relaxed with the incorporation of some events. Last updated: freedom of movement and ‘preventive exceptions. From 10 April the 12/5/2020 and compulsory social isolation’ for government allowed the reopening of: • Place gel alcohol dispensers on anyone who lives in the country or is some banking operations, money transfer doors. temporarily in it. The restriction has been businesses, utility payments, notarial extended to 24 May. activity (‘limited exclusively to enabling • Ventilate closed spaces. the fulfillment of essential activities and During the period of compulsory isolation, services’ or urgent cases) and private • Frequently clean workspaces and no cultural, recreational, sporting, energy infrastructure work. Maintenance work tools. religious, or any other type of event and repair services are permitted for involving the attendance of individuals public transport, security and armed • Avoid contact with sick people or may take place. People must remain at forces vehicles, ambulances or those people with symptoms. home, or in their place of transitory used by individuals authorised to drive residence. They must abstain from under the current regulations. • Request employees with symptoms attending work or going to public places. of coronavirus and/or who were in During the isolation period, they will only Employers who are restarting operations contact with infected people, not to be allowed to carry out minimal trips to must follow the Ministry of Heath enter the workplace. obtain cleaning supplies, medicines and recomendations: food. Malls, restaurants and pubs are • Ask employees who have returned also not allowed to open. • Provide your employees with from a trip from another country not disinfecting products (alcohol gel, to come to work. Infringements of the compulsory isolation tissues, etc.) and promote regular measure will be required to cease hand-washing by employees and immediately and action will be taken by customers. • Instruct employees not to self- the competent authority, within the medicate. framework of the Penal Code. • Train your employees about the symptoms and preventative • Ask employees not to share ‘mate’ The Government has made exceptions to measures they can take to avoid (popular infusion in Argentina, that is mandatory isolation. Individuals involved contagion. usually shared), glasses, forks, etc. in activities and services declared essential in the emergency are exempt • Reduce the number of people in the • Recommend employees maintain and their movements must be limited to workplace (by home working) and if personal hygiene and distance from strict compliance with those activities and it is essential to be present, reduce other employees. services. The full list of exemptions is the numbe of people in common available here, here and here. spaces. If an employee has symptoms such as fever, coughing or breathing difficulties they should stay away from work until a
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doctor can confirm they do not have the sick, you should contact a doctor or If you think an employee is getting coronavirus. Meanwhile, you should Public Hospital and they will decide on increasingly sick, you should contact a ensure the entire working area is clean any tests or treatment. doctor or Public Hospital and they will and disinfected. decide on any tests or treatment.
If an employee has fallen sick with Tracing apps coronavirus, he or she must stay away from the office, let a Public Hospital know Protecting privacy Tracing apps are only allowed in and take measures to isolate from others. Argentina if strictly necesary for security Employees who have been in close The Ministry of Health, has established a reasons (e.g. in relation to transport of contact with an infected person or specific duty of confidentiality, under merchandise, cash or public transport). recently returned from a high-risk area which medical personnel can require a They are not permitted for medical or must also self-isolate at home with active worker to be permitted to stay away from other reasons. medical surveillance for 14 days. At the work by merely stating that the worker is same time, you, as the employer, should in a ‘risk group’, without further details of keep an eye on the symptoms of any the illness or medical condition that employees who have been in close warrants it. Sickness and quarantine pay contact with any infected employees. The government has placed an obligation If an employee must stay in quarantine Generally, try to keep the workplace on workers to disclose if any of the for two weeks, they are still entitled to be calm, provide hygiene products, stay following situations applies to them: paid by the employer or by the health informed about employees’ symptoms ‘suspected case’, infected, ‘close contact’ insurance service for occupational and travel, and communicate regularly of suspected or infected cases or a diseases, depending on the with all your employees to keep them history of travel to affected areas (Article circumstances. informed. 7 of DNU 260/220). Employees infected with coronavirus are Employees cannot refuse to come back The Ministry of Labor has also entitled to be paid in the normal way. Sick to the office, except he/she has some established an obligation on employers pay is payable by the employer if they legal dispensation. and employees to report any cases of can provide the required medical infection and close contacts to the certificates. You are entitled to ask an employee national health authority. about whether they are infected or have Employees who telework and employees recently travelled to a high-risk area. If your organisation has registered a case who perform the ‘essential activities’ Employees are obliged to inform you of a worker with coronavirus, you can described in 2 above are entitled to be inmediately if they have the coronavirus. report it within the organisation, but paid in the normal way. It could be a serious offence for them to without mentioning the name of the fail to do so, or they could incur civil person involved and their close contacts. Employees who must self-isolate and do liability. You are not entitled to force not work will receive a non-salary someone to be tested. Therefore, if you payment from their employer. think an employee is getting increasingly
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Temporary state support for pay During the isolation period, employers force majeure until 30 May 2020. must pay salary or non-salary payments Suspensions under s223 bis of the Labor There is no temporary state support for to the employees, whether or not they Contract Act (see above) are exempt pay. work, see 4. from this prohibition. Any dismissals or suspensions that violate the Emergency Decree will be null and unenforceable. Employers can suspend workers for ‘duly proven reasons of force majeure’ for up to a maximum of 75 days in one year (s 221 of the Labour Contract Law). The Reduction of activity current situation could reasonably be The Argentine government has framed as a force majeure event, but the The only measure employers can take to introduced travel restrictions and most appropriate or most convenient reduce their activity is suspension of the temporary flight suspensions. Argentina legal measures must be decided case-by- employment contract, paying non-salary has closed its borders until 12 April case. assignments agreed individually or included, for non-resident foreign collectively. This must be approved by nationals. Entry into Argentina is The official crisis prevention procedure the Labor Ministry. Only contributions to prohibited for 30 days for non-resident must be completed before the social health system(Acts 23,660 and foreign nationals who have passed communicating dismissals or 23,661) are payable for these through ‘affected areas’ in the 14 days suspensions for force majeure affecting assignments. The non-salary amount is before their arrival. This prohibition will more than 15% of workers in companies usually equivalent to a percentage of last until 13 April 2020 (for non-resident with less than 400 workers; more than employee's usual remuneration. foreign nationals who have stayed in 10% in companies with 400 - 1,000 China, South Korea, the Islamic Republic workers; and more than 5% in companies The Government has issued an of Iran, Japan, the US, the UK, EU states with 1,000 plus workers (Act 24013). Emergency Decree temporarily and Schengen area countries) and until prohibiting dismissals without cause and 15 April 2020 for non-resident foreign There is a possibility for employers to pay dismissal on the grounds of lack or nationals who have stayed in Chile and employees for non-salary assignments reduction of work and force majeure for Brazil). International passenger flights agreed individually or collectively (s 223 60 days from 31 March 2020. This means from ‘affected areas’ are suspended for bis of the Labour Contract Law. This must employers are not allowed to use 30 days. International passenger flights be approved by the enforcement temporary layoff measures or impose from China, South Korea, The Islamic authority. Employers cannot impose holidays. Employers can agree with Republic of Iran, Japan, the US, the UK, vacations, since employees must be employees on reducing working hours. EU states and Schengen area countries informed of them 45 days in advance. are suspended until 12 April 2020. The Ministry of Labor recommends International passenger flights from Chile Restructuring employers reduce the presence of and Brazil are suspended until 15 April workers in the workplace for the proper 2020: the Ministry of Health included both operation of the company, and adopt the As described above, The Government countries in the coronavirus affected zone necessary measures for teleworking. has temporarily prohibited dismissals area on 16 March 2020. without cause and dismissals and suspensions for economic reasons or
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The authorities recommend employers cautious and treat all information about ensure all employees returning from this with discretion, so as not to affect the travel to high-risk areas should stay home employee´s privacy. for 14 days and try to avoid all social contact, even if they have no symptoms. During this time, you must continue to pay salary. The government has declared a health emergency, allowing the President to take extraordinary measures which The Constitution contains certain labour without the declaration of an emergency rights, including the principle of non- would require the intervention of the discrimination based on illness or any Federal Congress, such as restrictions on other arbitrary or unfair distinction. the freedom to move or work and closing However, you may allow employees at borders. high risk to work from home and this would not be deemed discriminatory. You A reduction in contributions to the social must ensure you treat employees security system has been established infected with coronavirus equally with where it is necessary to hire temporary other employees who are temporarily workers due to the health emergency. unwell for other reasons. However, at the current moment, there are no tax reductions for employers. However, be aware of any possibility that co-workers could discriminate against Back to top each other, for example, based on nationality. You need to ensure you take any necessary measures to prevent this, otherwise you, as the employer, may also be liable for damages.
If an employee shows symptoms of Pablo Barbieri coronavirus, we advise you call to Health Argentina Authorities (#147 phone number) that Funes de Rioja operates under the Health Ministry [email protected] Protocol, to have the patient moved to an appropriate location or recommend to stay at home, isolated. You must be
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health authorities. The communication So far, regulators and government have requirements will depend on the not directed or recommended mandatory Australia You should provide and maintain a safe circumstances and should be informed by health screening of workers for working environment without risks to medical advice. However, the Privacy Act coronavirus when attending at a Last updated: employees’ or others’ health. Give 1988 does not prevent the sharing of workplace. Temperature testing (using 31/3/2020 necessary information, instruction or critical information to manage the spread non-contact thermometers) is an training in a way that is readily of the virus. alternative, less invasive, screening understandable (consider any language measure which is being trialled in some barriers). Monitor the health of employees As a general proposition, we recommend workplaces as a risk mitigation measure and others in all workplaces and monitor being transparent with employees and in addition to requiring employees to self- workplace conditions. Ensure that providing regular updates about the disclose any symptoms. individuals other than employees are not company’s approach to these matters, exposed to health and safety risks. along with the latest developments. While However, temperature testing is not certain information about the affected conclusive. A fever may be masked by You need to identify whether there is a employee’s situation can be disclosed, it medication; not every fever is caused by risk to the health from coronavirus does not mean you can disclose any coronavirus ; the virus does not always exposure in the workplace. This can information about an employee who has present with a fever; or a person may still include monitoring expert advice, tested positive. be in the incubation period and exhibit no reviewing infection control policies, symptoms (current evidence suggests procedures and practices to ensure they Consider how to manage performance that a person may spread coronavirus are effective and are being followed and whilst supporting employees’ wellbeing in whilst asymptomatic). keeping employees and others up to date what threatens to be a highly anxious on new information. environment for many. Think about Notwithstanding this, a temperature overtime: compliance obligations remain screening regime may be implemented at Where a risk is identified, you need to important in a crisis. a workplace by consent, or as a lawful manage exposure to that risk. This may and reasonable direction consistent with mean providing adequate facilities or your work health and safety obligations, products (such as hand sanitiser) to allow subject to meeting legislative and other consultation and privacy obligations. employees and others to maintain good In the current circumstances we think it is Testing should only be carried out by hygiene practices and developing an reasonable to require an employee to appropriately qualified persons and the infection control policy. You should inform you if they have been instructed to legal and practical implications of a advise employees and others to self- isolate or are in the category of persons positive fever result, in terms of the isolate at home for 14 days if they have within the scope of any government travel person’s employment, carefully been in mainland China on or after 1 advisory. It is also not unreasonable, and considered. February 2020, travelled to Iran in the would be an appropriate safety control, to past 14 days or been in close contact require such an employee to stay at with confirmed coronavirus cases. home and not permit them to attend at the workplace. In the event of a confirmed case, you should immediately seek advice from
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Generally speaking, unless there is a metre rule applies). Isolated remote Another option to minimise stand downs particularly high risk associated with an community hubs are specifically (if available), and redundancies, is to individual and you receive medical advice excluded. The Prime Minister has stated renegotiate employee salaries and that the information should be shared Australians should expect the restrictions working hours with their employees. with others, we consider that it is not to be in place for at least six months. reasonable or necessary to tell other In doing so, it is important to remember team members that an employee has Employers’ response that employers may not unilaterally reported symptoms consistent with the impose changes to employee hours, virus. The power to stand down employees salaries, or other material contractual without pay is derived from the Fair Work entitlements, without employee However, if an employee has been Act 2009 (Cth) ('FW Act'), enterprise agreement. Doing so would constitute a advised by a medical professional that agreements and contracts of repudiation of the contract of employment they are in a high-risk category and need employment. Note that industrial and expose employers to risk of a breach to be tested, we are of the view that this instruments and employment contracts of contract claim. information can be treated in the same take precedence over the FW Act. way as information relating to the positive You may also consider Leave Without testing of an employee (as mentioned Employers must ensure that each of the Pay (LWOP). For more details see here. above). three limbs under s 524(1) is satisfied. An employer may stand down an employee:
• during a period in which the Sickness and quarantine pay Lockdown employee cannot usefully be employed; Personal/carer’s leave will apply: On 22 March 2020, Prime Minister Scott • because of a stoppage of work for Morrison announced a series of any cause; • When a full or part-time employee is comprehensive restrictions on non- not fit for work because they have essential gatherings and services. The • for which the employer cannot contracted the virus; businesses caught by the restrictions are reasonably be held responsible. generally places of social gathering, • If an employee needs to look after a including pubs, registered and licensed Stand downs will be closely scrutinised family member or member of the clubs (excluding bottle shops attached to and likely to be challenged if not employee’s household who is sick these venues), hotels (excluding implemented in accordance with the with the virus; or. accommodation), gyms, indoor sporting applicable legal obligations. If a stand • If an employee needs to look after a venues, casinos, night clubs, restaurants, down is found to be unlawful, employers family member or member of the cafes (except for takeaway and/ or home could be ordered to back pay their delivery), religious gatherings, places of employees and the employees may have employee’s household because of worship or funerals (in enclosed spaces a right to return to ‘useful’ work. See here an unexpected emergency (the need and other than very small groups and for more information. must be ‘unexpected’ to trigger the where the one person per four square leave entitlement).
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There is no limit on the number of days of accrued leave that can be taken for either of these purposes. Employees have to You need to be on top of the latest health give notice to get paid for information being provided by the personal/carer’s leave. relevant health departments. Events are unfolding quickly and your intelligence There are no specific requirements needs to be updated to reflect the addressing the case of an employee in available public health advice. isolation/quarantine. You may wish to develop policies to address this situation.
Temporary pay support
See point 9 below for information on Details of the extensive measures general economic measures. introduced to support businesses.
John Tuck Australia Corrs Chambers Westgarth The National Security Committee of Organisations should look at worst-case [email protected] Cabinet has decided to raise the advice scenarios and develop contingency for all overseas travel to the highest level, strategies to manage operating costs and meaning all Australians are advised not protect the business in the long term. In to travel overseas at this time. Anyone this volatile environment, employers arriving in Australia from overseas, should be prepared to adapt by including Australians citizens and implementing prepared response plans. permanent residents, will be required to self-isolate for 14 days from the date of Back to top arrival.
You should be mindful to ensure there is Sarah Clarke no breach of anti-discrimination laws Australia when putting plans into effect. Increased Corrs Chambers Westgarth discrimination has emerged amidst the [email protected] anxiety surrounding the virus, and employers should be aware that conduct may be unlawful even if it arises from a genuinely held fear about the virus.
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positive for coronavirus or have been in call the emergency number 1450 and contact with a person who has tested have (all!) employees tested for infection. Austria Although there has been an easing of positive and to stay home in case of any lockdown in the last week of April and symptoms. Last updated: especially since 1 May 2020 in Austria, 11/5/2020 social distancing measures and According to the general duty of care restrictions ordered by the Ministry of employers are obliged to protect the life Protecting privacy Social Affairs, Health, Care and and health of their employees and provide sufficient safety measures. Many Consumer Protection are still in place. The Austrian data protection Act (DSG) employers therefore plan to divide their These measures include keeping a grants specific protection for sensitive workforce into groups that come to work minimum distance of one metre from data such as health data related to on a rotating basis or to further separate others in public places for people who do coronavirus infections or suspected employees’ workspaces (e.g. with not live in joint households and cases of infections of employees. partitions). obligations on mask wearing in enclosed Otherwise, health data can be used as far spaces and on public transport as well as as the use is necessary to control the in shops, and other public places. Employees are not entitled to refuse to spread of the virus and to protect come back to work without any people’s life and health. Employers need reasonable ground (e.g. just because to meet their legal obligations to protect they believe that there might be a risk of employees’ health. For preventive risk being infected). This could be considered Under the ‘COVID-19 easing of lockdown management, you can save private a general refusal to work unless an actual mobile numbers of employees regulation’ (COVID-19- threat of infection exists (e.g. if the virus Lockerungsverordnung’) most business temporarily to be in the position to warn has previously spread in the immediate employees in the event of spread of the premises were allowed to reopen from 1 working environment). There are also May 2020. Restaurants are expected to virus at the workplace. Employees are exemptions from the obligation to return not obliged to consent. As soon as the reopen on 15 May 2020 and to work on site for specific high-risk- accommodation facilities on 29 May. For pandemic is over, employees’ sensitive groups and pregnant woman under health data that is no longer needed must the restart of all businesses, there are specific circumstances. specific protective measures on social be deleted immediately. distancing and keeping a minimum If there are reasonable grounds to believe distance of one metre apart put in place. Whether the identity of an infected person that an employee may be infected (e.g. If the minimum one-metre distance may or even must be disclosed to other contact with an infected person), you can cannot be maintained, employees must employees in order to fulfil the employer’s request the employee to get tested, as wear face masks for their personal duty of care is examined on a case-by- the interest of the safety of employees protection and that of others. case basis. Since you would not know in collectively outweighs the desire of single detail which other employees have been employees not to get tested. If you are in direct contact with the infected person, Information should be handed out by the notified of an infected person who was employer to the employees regarding all employees must usually be informed present in the workplace/had contact with about the infection. The privacy interests their duties, including the legal duty to other employees or customers you must inform the employer if they have tested of the infected employee under data
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protection law and the personal interests payment of salary is not justified; Temporary support pay of the employee who made an inquiry to however, if there is a legal obligation to learn about possible infections must be use the app and the employee still The federal government has implemented weighed against each other. The Austrian refuses it, this may be the basis for a ‘corona short time work’ (Corona- data protection authority announced in a summary dismissal (to be assessed on a Kurzarbeit). The company must conclude recently published guideline that infected case-by-case basis). an agreement with the works council or employees’ health data may be used to with each affected employee. The the extent necessary to contain the If an employee gets infected with the employer has to send the signed further spread of the coronavirus and to coronavirus and must stay in quarantine, agreement(s) to the Austrian Labour protect other people. this is treated as normal sick leave and Market Service (AMS) with a form giving the usual rules for salary payment apply details of the affected employees and the Employees are obliged to report a (see below). business concerned. coronavirus infection to you based on their duty of good faith towards you to Corona short-time work may currently be allow you to take preventive measures to agreed retroactively from 1 April 2020 control the spread of the virus. Sickness and quarantine pay (iniitially from 1 March 2020) for up to three months until 30 September 2020 at Tracing apps Under the Austrian Epidemic Act (to the latest. Usually employees have to use which coronavirus was explicitly added), up their holiday and compensatory time- The obligatory use of a tracing app is only employers are basically obliged to pay off from previous years of service in possible if specific working conditions their employees if they cannot come to agreement with the employer before require its use and only limited to the work either because they are in starting short time work. If the short-time most appropriate and necessary means quarantine or because the workplace has work lasts more than three months, (e.g. where personal contact is to be shut down due to a (possible) employees must use three (additional) unavoidable). In companies with a works infection. Employers can apply to the weeks of vacation from the current council, an agreement with the works federal government for reimbursement of vacation year (if they have accrued that council is usually required. Moreover, you continued salary payments in these many days). can only require the obligatory use of cases. However, in case of a shut down tracing apps for company mobile phones. this only applies if the workplace was During short-time work, an average of at Employees are basically not obliged to closed by a governmental by-law based least 10% (maximum of 90%) of the use these apps during spare time and on on the Austrian Epidemic Act. weekly normal working time of the their private mobile phones (if not agreed employees concerned may be agreed on. differently). If an employee gets infected with the Working hours can be flexible as long as coronavirus, this is treated as normal sick the average working hours are at least If you refuse access to the office because leave and the usual rules for such cases 10% over the whole period of short-time- an employee refuses to use tracking apply. When an employee becomes sick work. apps, it cannot be regarded as a general intentionally or as a result of gross refusal to work by the employee, provided negligence, the employer will not be that there is no legal requirement for responsible for sick leave payments. employees to use such an app. Stopping
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Depending on the employee’s salary (< A reduction of working hours can taken into account). This procedure is EUR 1,700 gross / < 2,685 gross / > basically only be agreed on mutually. If triggered by a specific 2,685 gross) the AMS pays the difference the employee does not agree to changes number/percentage of a company’s (to the actual working time of the which are not covered by the employment workforce being made redundant (e.g. employee during corona-short-time-work) contract (and a respective waiver), the 5% of the workforce in businesses with to guarantee the employee earns only admissible procedure to unilaterally between 100 and 600 employees), or if between 80 and 90% of the former net change the employment contract is a five or more employees over 50 years old income. No short-time-work aid is paid for termination with the option of modified are made redundant. The general 30 day- salaries above EUR 5,370. During short conditions of employment period that must elapse between the time work no employee can be laid off for (‘Änderungskündigung’). Then the notification of planned dismissals to the business reasons (and no employee on employee would continue to be employed AMS and the service of notice to the short-time work can be laid during one if he/she accepts the amendment to the employees may be shortened by the month after the end of short-time-work). employment conditions. AMS based on significant economic grounds, such as coronavirus. Basically, Usually the consumption of holidays and no enhanced (financial) privileges apply time credits according to Austrian Law to redundancies carried out during the must be agreed by mutual consent. coronavirus pandemic. Reduction of activity Currently an exception was made for employees who cannot work due to the closure of or restrictions to their Despite the corona crisis, in general, workplace imposed in accordance with termination of employment contracts is Employees may refuse to go on business the COVID-19 Measures Act. Based on possible, if the periods and formal travel to high-risk countries if the trip these regulations, employees must use requirements laid down in the law as well would pose a specific danger to his or her up holiday (up to eight weeks, including as in the employment contract are health or life as substantiated by an two weeks maximum of the current year's respected. Mutually agreed terminations existing travel alert. The employer cannot vacation) and time credits during the are still admissible; however during short- prevent employees from travelling to closure period. Apart from this legal time-work employee must be given the these countries privately (e.g. on holiday). provision, employees may be required to possibility to consult with the works However, if employees need to be kept in (partly) use up their unused vacation council/unions first, as otherwise the quarantine or get infected because of based on their duties of loyalty. employer would have to employ a private travel to a high-risk region, they substitute employee instead of the will not be entitled to payment from the (mutually) terminated employee Restructuring employer during this absence from work. Employers can basically put employees on garden leave, during notice periods or According to s 45a of the Austrian Labour otherwise. Employees’ approval is not Market Funding Act needed, but they are entitled to full (Arbeitsmarktförderungsgeset”) continued pay during the garden leave. employers are basically obliged to notify the AMS in writing for collective dismissals to be given within a 30-day period (mutual terminations are also to be
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to the Austrian Health Insurance Fund (“ÖGK”) for deferral of social security. No Employees’ refusal to work with certain interest on arrears is charged during the colleagues (or customers, for example deferral. Contributions are automatically because they have a Chinese family deferred for companies closed by the background) could be considered a authorities. general refusal to work and even discrimination in the workplace, which Tax relief measures have been could lead to dismissal of the employee if introduced. The 2019 tax declaration there is no objective justification. The submission deadline is now 31 August same goes for employers. 2020.
The deadline to file for bankruptcy has
been extended to 120 days after insolvency, provided the insolvency was Employees refusal to work with certain caused (at least in part) by coronavirus. colleagues or customers (e.g. due to their foreign country family background) could Judicial deadlines were interrupted by law be considered a general refusal to work until 30 April 2020. This means that and even discrimination in the workplace, deadlines ceased to run and started to both of which could lead to dismissal of run entirely anew on 1 May 2020. the employee if there is no objective Prescription periods were suspended justification. The same goes for until 30 April 2020. Suspension of the employers. statute of limitations had the effect of ‘hitting the pause button’: hence on 1 May 2020 the deadline did not restart but continue to run.
A COVID-19 crisis management fund Back to top (EUR 38 billion) has been established by the federal government for Austrian businesses. The fund guarantees liquidity, ensures jobs and help companies in cases of hardship. The self- Birgit Vogt-Majarek employed and companies with fewer than Austria ten employees can receive benefits Schima Mayer Starlinger directly from a ‘hardship fund’. [email protected] Companies with coronavirus-related economic problems can informally apply
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Employees can refuse to disclose details of their medical health but if there is any Bahrain The government’s lockdown in operation Employers should take precautions to suspicion that the employee may be a since 24 April was partially lifted on 7 protect the health and safety of all staff. risk to the health and safety of others Last updated: May 2020. Commercial and industrial This can include providing tissues and then s/he can be sent home and required 11/5/2020 businesses that provide goods or alcohol-based hand sanitisers, educating to see a doctor chosen by you. services directly to customers have been staff on the risks of contracting and allowed to re-open provided that the spreading the virus and ensuring that Employees cannot be forced to take a
wearing of face masks is obligatory for staff who may have been exposed to the test but employers have the right to anyone on the premises, social virus or who have similar symptoms do request that they are seen by a doctor to
distancing is implemented, and premises not attend work. It can also include prove their fitness for work. are regularly disinfected. All other non- finding alternative ways of working,
essential businesses (with the exception including working remotely and keep up- of hypermarkets, supermarkets, cold to-date with government guidance. The stores, bakeries, pharmacies, fuel Ministry of Health has issued guidelines stations, banks, corporate administration on the recommended response for Contact tracing is in place and the offices of organisations that do not workplaces which includes these government has been heavily promoting directly engage with customers, export measures. its BeAware app for the public to report and import businesses, automotive suspected cases of infection and to garages and repair shops, businesses in Employees who are sick should be asked receive the most up-to-date information. the construction and maintenance to go home or remain at home and seek Registration of user details is optional but industry and manufacturers) remain medical treatment. Anyone who has any data provided is automatically closed. Only delivery services will be come into contact with a sick person but collected and logged for contact tracing available during this period. is not showing any symptoms should be purposes. asked to see a doctor, particularly if they The government has refrained from have travelled to a high-risk area. Employees cannot be compelled to install ordering a curfew but has urged citizens the app and employers are not entitled to and residents to remain at home as much Employers should educate staff on know when an employee receives a as possible, and leave only if necessary. measures they can take to prevent notification; although, employers can in Public gatherings of more than five infection and update on any current the interests of safeguarding the health individuals have been banned and government advice and material and safety of the workplace and gatherings in public beaches and parks changes. protecting their staff from exposure to have also been prohibited. Violators face harm require employees to disclose a jail term of up to three years and/or a If employees are showing symptoms whether or not they have come into fine of up to BD 5,000. Anyone going out similar to the virus then they can be contact with anyone suffering from in public must wear a face mask or risk a asked to get a medical diagnosis and to coronavirus or have any symptoms that fine of BD 5. stay away from work until they recover. are common with the virus. Employees Employees can also be asked whether who refuse to cooperate can be denied they have travelled to a high-risk area or access to the workplace. have plans to do so in the near future.
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Where employees are ordered to remain If employees need to be placed in • Banning all non-commercial traffic at home or in quarantine then they may quarantine, this should be done in from the Causeway bridge linking be entitled to their wages. Anyone accordance with medical advice where Saudi Arabia and Bahrain. ordered to go into quarantine must possible and for the shortest period comply or face up to three months in required. • Banning entry to all foreign visitors prison and a fine of up to BHD 10,000. who have visited Iran, Thailand, Where the workplace has to be closed, Singapore, Malaysia and South alternative work options should be Korea within 14 days of their date of considered for staff. Where these are not arrival in the Kingdom. Sickness and quarantine pay viable, you will need to decide either to pay employees for any shutdown period, • Bahraini citizens, GCC citizens and Employees are entitled to 55 days’ sick suspending the employment contract, or Bahraini residents who have visited leave (comprising 15 days’ paid, the next agree a period of unpaid leave. Iran, Thailand, Singapore, Malaysia 20 days at 50 per cent and the remaining or South Korea within 14 days of 20 days without pay). Employers can consider the following arriving in Bahrain will be subject to measures to address the impact of the quarantine and the enhanced testing Where employees are placed in coronavirus epidemic: require employees procedures recommended by the quarantine, they may not qualify for sick to take annual leave, agree a period of World Health Organisation (WHO). pay, and so payment of wages may be at unpaid leave or reduced working hours your discretion. and reduced salary with the agreement of • Incoming flights to Bahrain have employees, or consider redundancies. been reduced and visa on arrival has Temporary pay support been suspended until further notice. Restructuring The government has made available • All arriving passengers will be salary subsidies for Bahraini nationals Employers conducting a workforce subject to testing for coronavirus and working in the private sector up to the reduction are required to give notice to to quarantine for 14 days regardless value of BHD 4,000 per month for a the Ministry of Labour and wait 30 days of the outcome of the test. period of three months. before issuing notices to terminate employment. Once the 30-day period has expired then employers can terminate employment with a minimum of 30 days’ notice or contractual notice if it is greater There may be a risk of employees being or make a payment in lieu of it. discriminated against if they are sick or Reduction of activity perceived to be sick. You should therefore take care to ensure that If you don’t have a homeworking policy employees are not unfairly treated. then you should consider putting one in place to deal with the threat of the virus. The government has activated several procedures related to arrivals to the Kingdom of Bahrain. They include:
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There is no requirement to report to the authorities at this time.
The government has resisted imposing a curfew but has limited public gatherings to no more than five people and has now imposed a requirement on people wearing face masks in public.
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Zahir Qayum Bahrain Al Tamimi & Co [email protected]
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Upon mutual agreement, any changes can be implemented. Belarus There are no specific coronavirus -related Lockdown duties for employers in relation to work Last updated: safety. Belarus has not announced an 6/4/2020 emergency situation or national Sickness and quarantine pay Taking into account the general duty to lockdown. ensure safe and healthy working General rules of sickness pay shall apply; conditions for employees and Ministry of Employers’ response there is no quarantine pay. Health recommendations -, it is advisable to consider the following additional As Belarus has not announced Temporary pay support measures: emergency situation or national lockdown, there are no specific There is no such support currently. • provide recommendations for coronavirus -related duties on employers. employees regarding compliance At the same time, many companies are taking measures to isolate their workers, with personal hygiene and if possible, in particular establishing a preventive measures in line with the remote working regime. On 25 March 2020, the Council of Ministry of Health guidelines; Ministers of the Republic of Belarus • introduce remote work, if possible; Redundancies can only take place for adopted a regulation according to which • implement increased disinfection relevant organisational, economic or people arriving in Belarus from the countries where cases of coronavirus measures; financial reasons (which can be triggered by the coronavirus pandemic) with two infection have been registered must self- • prevent access to work for people months’ notification of employees and isolate for 14 calendar days from the date with symptoms of acute respiratory compensation equal to three average of arrival. infection (fever, cough). monthly salaries. Redundancy means employment is terminated, but both There are exceptions to this rule for employees of diplomatic missions, heads parties can agree on new employment once the situation becomes stable again. and members of official delegations, drivers of international transportation of There are no rights or duties of Part-time work or salary reduction can goods, among others. employers in relation to coronavirus only be unilaterally imposed by testing. employers through changing the basic No additional obligation or rights have working conditions, which must be done been introduced on employers relating to on legitimate grounds. If an employee this. does not agree on new working conditions during the one-month notice period, his or her employment can be terminated.
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Although these issues must be resolved locally in each company individually, the new regulation may provide for There is no obligation for employer to employers to use the following where an report to the authorities. There are no emergency orders or laws employee returns from a country or in Belarus. Nevertheless, the region with coronavirus cases: However, according to the 13 March Government has introduced some relief Letter, organisations, institutions, measures, for example, deferred state • suspension from work; enterprises are expected to promptly property lease payments. • absence from work for good reason inform the territorial epidemiological and with no salary for the relevant period. hygiene authorities about employees Back to top returning or planning to return from countries severely infected by Measures such as remote work, paid or coronavirus : China, Italy, Iran, South unpaid social or work leave can be taken Korea. if the employee consents.
According to the Letter of the Ministry of Health of the Republic of Belarus ‘On prevention of coronavirus infection’ dated The Ministry of Health suggests 13 March 2020 (No. 7-19/4568 the ‘13 Belarusian organisations implement March Letter’), organisations, institutions additional sanitary and anti-epidemic and enterprises are expected to postpone measures: (if possible) business trips to countries severely infected by coronavirus : China, • the provision of dispensers with Italy, Iran, South Korea. They should also antiseptic agents in public places; postpone visits from foreign citizens to • cleaning at least once a day with perform work or provide services in Belarus until the epidemiological situation disinfectants; is stable again. If this is not possible, the • frequent ventilation of air; employer must ensure that employees • postponing business trips; comply with measures to minimise the • informing hygiene authorities about risk of infection in the territory of the employees who have returned (or hosting country. are planning to return) from countries with severe coronavirus Darya Zhuk Belarus infection. Cobalt No specific measures. [email protected]
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each person. Families can receive visits • Promote good respiratory hygiene from the same four people (maximum) (covering mouth and nose with bent Belgium Monday 4 May, marks the start of a from 10 May. elbow or tissue when a person gradual ‘deconfinement’ process. Schools coughs or sneezes, disposing of Last updated: are closed and return to classes will be used tissues immediately). 13/5/2020 very gradual, with schools reopening on 18 May but not for all pupils. Nurseries Teleworking is no longer mandatory in • Inform workers they should not come remain open. Shops can reopen on 11 ‘non-essential’ organisations but remains to work if they have symptoms such May but under strict conditions recommended. If teleworking is not as fever or coughing (recommended for shoppers to wear a applied, organisations must take the mask, safe environment for employees in necessary measures to ensure maximum • Provide for homeworking with the the shop, only one client per 10 m² but compliance with the rules on social employee’s consent (for example, there is an exception for small shops). distancing (1.5 metres between each recent visits to areas where the virus person). The employer organisations and is spreading). The government expects that on 8 June, trade union organisations have drafted a without prejudice, the gradual reopening generic guide of best practices as a • Provide instructions on what to do if of restaurants, and later, pubs and bars, mandatory source of inspiration for someone shows signs of coronavirus will be considered. The various summer employers, see here. In certain sectors, infection. activities such as travelling abroad, youth specific guides have been created. The summer camps, internships, touristic FPS Employment, Labour and Social If an employee gets sick, ask him or her attractions but also smaller outdoor Dialogue has published a detailed list of to stay home and see a doctor. Ask them events will be examined. The only prevention measures for the workplace to check their temperature regularly and certainty is that mass ‘festival’ type (in Dutch and French), available here. go see a doctor in case of doubt. For the events will not be allowed before 31 safety of others workers, you can ask August. Deliveries of meals and You must inform employees promptly employees who are obviously sick to go takeaways remain available. about the preventive measures in force home and advise them to seek treatment. and provide them with appropriate If you believe an employee’s condition Public transport must guarantee social training. You must also inform third clearly increases risks, you can contact distancing. Citizens from 12 years old parties of the preventive measures in the company doctor, who will decide if the must cover their mouth and nose with a force promptly. Employers failing to worker needs a health assessment. mask when using public transport. All comply with these measures risk severe Employees must act on this immediately. gatherings are prohibited and citizens sanctions. General good practice must stay at home, only going out for includes the following: Legally, employees must refrain from essential reasons. Walks and outdoor anything that could harm their safety, that physical activities without physical • You should regularly disinfect, of other employers, their employer or contact are allowed, alone or with provide disinfecting products and third parties. In general employees are members of the same household and/or promote regular and thorough hand- not obliged to inform you about their in the company of maximum two other washing by employees, contractors health nor can you ask them to prove that persons who should always be the same, and customers. they are fit to work. However, an keeping 1.5 metres distance between
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employee with coronavirus who continues database. This data is confidential and ‘force majeure’, the Unemployment Office to work and fails to inform you could incur employers do not have access to this pays the employee a supplement of EUR civil liability. Testing may be subject to sensitive and personal data. 5.63 per day of force majeure strict conditions, set out by the unemployment. authorities: in Belgium currently, a person Tracing apps will only be tested if he or she shows In Flanders, the Flemish encouragement severe physical symptoms of possible There is discussion in Belgium on the use premium for employees of organisations infection and is treated in hospital. The of tracing apps. Not only is their in difficulty to encourage them to work government is seeking to increase testing compatibility with privacy and data part-time to avoid redundancies has been capacity. protection laws questioned, but there is extended to organisations, that as a also debate on whether they fall under result of the corona-crisis, experience a the jurisdiction of the federal or one of the fall of at least 20% in turnover, production regional governments. For the time or orders in the month in which the being, contact tracing apps are therefore reduction in working hours starts, Protecting privacy not operational in Belgium. It is unclear compared to the same month of the whether they might be in the near future. previous year. The employer must draft a plan which is subject to approval by the Employers must also take account of It no longer seems to be one of the relevant social body; if there is no employees’ right to privacy. The Belgian governments priorities. relevant social body, it must be included Data Protection Authority has taken a in the work rules. The employee’s rather strict position on this , pointing out monthly premium amounts to between that a health risk assessment should not EUR 68 and EUR 172 gross and can be carried out by the employer, but by the Sickness and quarantine pay start on 1 April 2020 at the earliest and company doctor. This position seems end on 30 June 2020 at the latest. open to challenge because, although the Employees who are infected with the company doctor has an advisory function, coronavirus and unable to perform their the responsibility for the welfare policy duties can rely on the usual rules for The Flemish government will also cover still lies with the employer. The DPA also incapacitated employees, including energy bills for one month for families in advises employers cannot oblige payment of their guaranteed salary for Flanders where at least one person is employees to fill in medical the first month’s absence, if they can temporary unemployed (allowance of questionnaires or questionnaires about provide the required medical certificates. 202.68 EUR based on an average recent trips. The DPA advises employers household). to encourage employees to Temporary state support for pay spontaneously report risky trips or symptoms to the company doctor. Temporary unemployment benefits for force majeure and ‘economic reasons’ Only the Belgian Institute of Public Health have been increased until 30 June 2020 Science can can collect patients’ health to 70% of the average capped salary of data from health or care providers or the employee (capped at EUR 2,754.76 organisations and process them in a gross). For temporary unemployment for
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For blue-collar workers, it is sufficient to have at least one child under the age of prove that the regular working 12. For disabled children, the age limit is arrangements cannot be maintained for 21. An employee can take coronavirus Reduction of activity economic reasons. However, for white- parental leave from 1 May 2020 until 30 collar workers, the organisation must June 2020, (subject to publication without Measures not requiring employee meet certain preliminary conditions. modification of the scheme in the Belgian consent: Flexible application of the Organisations that do not meet these state gazette). temporary unemployment regime for conditions have the alternative option of force majeure is accepted with retroactive submitting an application to the Minister Restructuring effect as of 13 March 2020 until 30 June of Labour to obtain recognition as a (possibly extended until 31 August). This company in difficulties. A CBA or There are no restrictions on restructuring means temporary unemployment for business plan must first be concluded for imposed by coronavirus-related national force majeure will apply, for example, for white-collar employees, but this obligation programmes in Belgium and trade unions organisations which close (partially or has been replaced by a national CBA and works councils cannot impose fully) due to government measures, but (CBA n° 147) until 30 June 2020 (may be restrictions on restructuring or staff also for organisations facing a decrease extended). Under it, a prior information reductions. in work due to a drop in revenue, orders, and consultation procedure in the production, etc. company must be observed and the An employer must inform and consult employer must pay the employee a with employee representatives if The organisation need not completely supplement of EUR 5 per day of considering multiple dismissals for close. In practice, this means that some unemployment for ‘economic reasons’. economic, technical or organisational workers may be temporarily unemployed reasons. The information and and others may not. Employees may also Other options such as suspending the consultation obligations are relatively alternate days of work and temporary employee’s employment contract, taking limited as long as the threshold for a unemployment, but temporary up holidays or reducing working hours collective dismissal is not reached. unemployment always applies for a full require the employee’s consent. However, if the restructuring involves a day. collective dismissal, a highly formal The government has approved procedure applies. The procedure has also been simplified ‘coronavirus parental leave’. Active and unemployment benefits have been parents, who have been employed by The provision of information and the increased until 30 June 2020 (see 4). their employer for at least one month, can consultation takes place with the works take coronavirus parental leave. council, or the trade union delegation in After 30 June 2020 (possibly extended Coronavirus parental leave is not an the absence of a work council. If no trade until 31 August), organisations that face a absolute right since it requires the union delegation exists, it takes place lack of employment as a result of the employer’s consent. Coronavirus parental with the H&S Committee, and if no social coronavirus and that are unable to leave can be taken by reducing working bodies exist at all, with all employees. employ their personnel at the usual rate hours either by one-fifth (for full-time The employee representatives will will, most likely, be able to benefit from employees); or up to half (for full-time demand to be assisted by external union the temporary unemployment for employees or part-time employees secretaries. ‘economic reasons’ regime. working at least 75%). Applicants must
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Based on the statistics of the Belgian social security contributions, withholding Ministry for Work (the Federal Public tax, income, corporate tax, VAT, etc. Service Employment, Labor and Social In Belgium, we are not aware of Dialogue), an average consultation for a discrimination against employees who Back to top collective dismissal took about 81 days in have an ethnic background associated to 2019, with a median of 66 days. At least the coronavirus. However, you should three to six consultation meetings with remain vigilant to avoid any the works council are considered to be a discriminatory behaviour. minimum in practice before being able to end the consultation process in the event of a collective dismissal.
If trade unions or individual employees The are currently no reporting procedures believe that they have not been properly in place. Extensive information on the consulted, they can start summary temporary unemployment regimes can be proceedings and ask for the restructuring found on the website of the National to be suspended until the consultation Employment Office (NEO). Inger Verhelst process has been finalised. Dismissed Belgium employees may also claim damages. In Claeys & Engels the event of a collective dismissal, other [email protected] specific sanctions apply. However, this type of court action is rare and seldom The government has received successful. Finally, criminal penalties ‘extraordinary powers’ since there is apply both for the organisation and its currently no official government in directors who have not complied with the Belgium. These powers allow the ad hoc information and consultation obligations. government to take the necessary Criminal prosecution is, however, rare. measures to control the pandemic. Parliamentary control is enforced in the future since all rules and regulations will have to be approved subsequently by the parliament. Non-essential travel to and from Belgium is temporarily prohibited (currently until 8 Police forces have received strict June but may be extended). Frontier instructions to make sure the measures workers working in Belgium but living in a are enforced. neighbouring country need a certificate Sara Torrekens that they need to cross the border for The government has also taken Belgium work. measures to support organisations Claeys & Engels suffering from the effects of the [email protected] coronavirus, such as payment plans for
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applicable instructions on resuming Protection Law (Law no. 13,709/18 or activity. This will be governed by local LGPD) will enter into force on 16 August Brazil If necessary, the federal, state or regulations, but the general principles of 2020. Its restrictions provide for an municipal, governments can order precaution and the duty to look after work important exception for data processing Last updated: quarantine, curfews, restrictions on safety will apply, including education, performed for the exclusive purposes of 7/5/2020 circulation and closing of non-essential sanitisation and reorganisation of public security (to be further regulated). If activities. Restrictions vary according to workplace, including barriers and this exception does not apply, the Law local needs, but federal law only can distancing . allows data processing for the protection determine if activities are essential. Many of life only by health organisations, which companies have opted for voluntary means that this processing must not quarantine. Those who are carrying on result, for example, in the data being with their operations during the pandemic processed for other purposes by third parties, even by employers themselves or must provide information, protection and Protecting privacy sanitising material and adjust operations by insurance companies. to minimise contact and proximity, , to You can ask an employee about risks of Tracing apps comply with the duty to look after contamination, including travels, because employees’ health if not to comply with there is a legitimate public interest and any express legal requirement. because you are legally responsible for Employers cannot compel staff to install Extraordinary legal provisions permit the ensuring you provide a safe and healthy tracing apps, Personal information suspension of employment for up to 90 workplace. However, you cannot force unrelated to work and to the work days (similar to furlough), the reduction of employees to be tested. If someone environment is beyond the employers’ work hours and salaries up to 70% and shows up with symptoms of the disease, authority. In fact, it is still controversial if up to 90 days’ anticipated vacations, you must immediately put the employee the government itself could impose any among other temporary emergency on medical leave. system to monitor citizens. Employers’ measures (see details in 5 below). As a authority to regulate the workplace and keep it safe for employees permits limited result of local regulations, in São Paulo, An occupational physician will determine actions that are not invasive and mostly for example, companies may have the if compulsory medical examinations are voluntary, such as scanning body duty to provide employees with masks necessary, check for symptoms and, if temperature. and to install protective equipment (e.g. they are present, notify the authorities. barriers and distancing) and to provide sanitising materials. Identifying and monitoring anyone who may have been in contact with an infected person are important actions to prevent the spreading of the virus. This Given the absence of federal lockdown necessarily involves obtaining and measures in place (in fact the potentially sharing personal information, government has recently declared that including data about an individual’s lockdown is a matter of local need and health, which is considered sensitive interest), there are no generally personal data. The Brazilian Data
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System (the ‘INSS’) to arrange medical • Granting anticipated annual leave on pension coverage for the employee. 48 hours’ notice. Please see 5 below on the suspension of employment agreements. Temporary state support for pay • Vacation for all employees (or for designated departments): the usual Sickness and quarantine pay See 5 below. prior notice of 15 days has been reduced to 48 hours. There is no legal provision covering collective unpaid leave. In view of the • Implementing a complete or partial mitigation actions introduced by the shutdown on 48 hours’ notice, either government (PM 936/2020), unpaid leave by collective vacation or voluntary Some industries in Brazil are suffering is not an option, even under a collective paid leave (in which case, if the from the decrease of imported products agreement. recess is longer than 30 days, and parts. Temporary employees forfeit vacation). shutdown or collective vacation may be The government provides financial aid to an alternative to manage this. Temporary workers with suspended contracts or arrangements to suspend the • Advancing non-religious holidays on reduced work hours and wages and to employment agreement and/or to reduce 48 hours’ notice. the self-employed, informal workers and work hours and salaries may also be those on low incomes generally, at applied for a limited time. • Using now expanded time bank rules predetermined amounts according to to grant time off. pension and unemployment insurance, If you experience a lack of materials and not according to salaries. supplies, Provisional Measures 927/2020 • Reduced salary and working hours and 936/2020 introduce extraordinary (force majeure), through collective In the long term, after the lifting of the measures for employers to deal with jobs agreements. state of calamity, it may be possible to and wages in the context of the epidemic. provide paid leave with temporary However, it is advisable to take • Suspension of employment for from reduction of salaries by 25% or less, precautions because the pandemic two to five months on condition of depending on the circumstances (the affects different businesses in different collective agreement, mandatory duration of leave and your capacity to ways. Public and essential services, for professional training, prohibition on fund it) or suspend employment for up to example, must carry on their business working and voluntary enrolment. five months for professional training. Both under a potential lockdown. This means depend on the applicable collective the organisation must be able to prove • Reduction in Force (RIF) and the agreement. that its business was drastically affected ‘PDV’ voluntary dismissal by the crisis. The measures include: programme, both of which are Employees who get sick in a pandemic methods of incentivising layoffs, can outbreak or from any other medical • The unilateral imposition of remote be used subject to collective condition that prevents them from working on 48 hours’ notice without negotiation (see force majeure). working must take medical leave. You as prior recording of the decision. employer pay for the first 15 days; after that, you must notify the Social Security
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Reduction of work hours and salaries Suspension of employment (MP 936, • There is a 25% Reduction only. (MP 936, ‘Reduction’) ‘Suspension’) A workforce reduction process may be as • Maximum duration is 90 days. • Maximum duration of 60 days. short as ten days, or it may take up to three weeks if the company engages in • Proposal must be sent two days in • Proposal must be sent two days in negotiations with the union to discuss advance. advance. special severance. No consultation is needed, but labour courts may suspend • Employer has ten days from • Employer has ten days from collective dismissals if the company fails agreement to communicate it to the agreement to communicate it to the to discuss possible mitigation of the Government (if not, the agreement is Government (if not, the agreement is social effects of layoffs with the relevant ineffective). ineffective). union. There is no statutory criteria to determine what is a collective dismissal, • Gives protection against dismissal • Protection against dismissal during so it will depend on the number of during the agreement and for an the agreement and for an equal employees and on the employer’s equal subsequent term. subsequent term. importance to local community.
• Reductions of 25%, 50% or 70% • Governmental subsidy is 100% of Employees covered by the payments with preservation of hourly salary. unemployment insurance if the described Reduction of employment and company’s revenue is below BRL Suspension of employment above are protected from dismissal while these • Agreements can be collective (for all 4.8M; and 70% if over (the company agreements are in force and for an employees) or individual where the must pay 30% of salary). additional period equal to their duration, employee’s salary is below BRL meaning maximum terms of 90 days for 3,135.00 and where the employee • Employees must keep benefits. reduced work hours and salaries and 60 has a university degree and salary days for suspension of employment. above BRL12,102.00. • Voluntary compensatory allowance Companies who choose to dismiss these (free of payroll costs and tax employees will be required to pay (in The level of Government subsidy is deductible). • addition to severance) incremental fines 25%, 50% or 70% of unemployment ranging from 50% to 100% of wages insurance, corresponding to the level For both Reduction and Suspension, corresponding to protected period, of reduction. agreements can be collective (for all depending on the terms and conditions of employees) or individual where: reduction of work hours and salaries or • Voluntary compensatory allowance suspension of employment. (free of payroll costs and tax • The employee’s salary is below BRL deductible). 3,135.00.
• The employee has a university degree and a salary above BRL 12,102.00.
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There is a prohibition on travel to countries considered in a grave situation Since the beginning of the outbreak, the or under monitoring by the WHO. government and relevant public entities Employees can refuse to travel to a high- have issued a series of emergency acts risk area on business. If they became and regulations, most dealing with infected in this context, it would be an healthcare and public services and occupational illness. Local travellers may contracts. By way of example, the also be subject to restrictions from local authorisation of certain remote medical authorities. Employees engaged in practices on an exceptional basis, remote essential activities must carry appropriate medical care and the suspension of documentation to pass sanitary and certain activities, such as cinemas and inspection barriers. other activities involving significant gatherings of people.
You should consider whether removal from work without justifying The Ministry of Health has a webpage circumstances, or in an arbitrary manner dedicated to public information. could be considered discrimination. Information is key to avoiding panic and The Veirano Resource Kit covering other unjustified reactions. If employment and other relevant legal discrimination happens among coworkers aspects of the pandemics in Brazil is in the workplace, you may be liable for available here. damages. Back to top
You must notify the sanitary authorities if there is an outbreak of any pandemic disease among employees. Information will be limited, of course, because you will José Carlos Wahle not have access to the medical diagnosis. Brazil It will be a mere report that symptoms Veirano Advogados were detected. You will not need the [email protected] employee’s consent to communicate this: it falls under the exemption for sharing data to fulfil a legal obligation.
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Any social event, including sports activities, cultural events (cinemas, Bulgaria The measures set out below were theaters, museums, conferences, Outdoor areas (gardens, terraces, etc.) of adopted in accordance with the state of symposiums, sports and SPA centers, restaurants, fast food outlets, bars and Last updated: emergency effective between 13 March gymnasiums, etc.) are suspended. Visits pubs, and cafes are exempt from the 7/5/2020 and 13 May. On 8 May the National to some parks and city gardens are rules above if the, implement specific Assembly debated legislative limited to specific visitors and times. anti-epidemic measures imposed and amendments which authorise the minister policed by the Bulgarian Food Safety of health to impose anti-epidemic Visits to national parks, mountains, and Agency. measures if necessary after the expiry of other parks outside of cities/towns are the state of emergency. allowed if the access regime and other As of 6 May checkpoints which were set local rules are observed. Public transport at the entry and exit points of each of the Visits to all casinos and entertainment to these places remains suspended. 27 regional centers of Bulgaria (including halls, bars, discos, restaurants, fast food Outdoor individual sports (tennis, cycling, Sofia) are abolished. restaurants, cafés, commercial centers golf, etc.) are permitted keeping at least (i.e., Malls), except for bank and payment 2.5 meters distance between the Employers must arrange for home-based service providers offices, insurance individuals and all anti-epidemic work if possible and duties can be offices, grocery stores and pharmacies measures. performed remotely. The introduction of on their territory, are suspended until 13 remote work is mandatory, and not a May 2020. All other retail trade and Wearing of protective masks or other face matter of convenience/ judgment. If services should operate to ensure that coverings is mandatory only in closed remote work is impossible, you must not more than two adults above the age public places, e.g. public transport, organise enhanced anti-epidemic of 60 are in their premises and the churches, commercial outlets, etc. measures, including: adjacent open areas at the same time, Individuals in open public places (parks, and should instruct customers to keep a streets, bus stations, etc.) must observe • air filtering; distance of at least 1-1.5 metres. Fast social distancing and all anti-epidemic food outlets and food stores in petrol measures. In the event of contact with • disinfection; stations should not allow on-site other people wearing a protective mask or other face covering is mandatory. consumption. All tourism services (for • ventilation; visits in Bulgaria and abroad) are suspended. Hotels cannot take visitors. Individuals under 60 are barred from • give instructions for observing visiting food stores and pharmacies personal hygiene for workers; All educational activities, including between 08:30 and 10:30. Individuals in extracurricular activities (excursions, contact with those infected with • preventing access for employees or study halls, educational gatherings, etc.) coronavirus are placed under mandatory outside visitors with acute infectious are suspended in schools, universities quarantine for 14 days and not allowed to diseases, etc. and other educational institutions and leave their homes. organizations, including kindergartens and nurseries. According an order of the Minister of Labour and Social Policy, employers
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must apply measures to prevent the risk Remote work carries additional risks for of coronavirus spread appropriate to their violating employees’ privacy. Employers activities. The measures shall be valid may be tempted to implement software to until the end of the state of emergency Protecting privacy monitoring employees and their activities and include, for example, providing but this should be very carefully assessed emergency instructions to employees, Employers are quite limited by law with legally, as they are likely to be introducing barriers to accessing the respect to processing personal data disproportionally invasive. IT and IS workplace, regular cleaning and concerning employees’ health. This teams of employers should also be very disinfection. Until at least 13 May 2020, processing is only permissible where careful and strict in implementing rules for employers must not allow employees with expressly regulated by law. Given the access to and use of company data flu-like symptoms to work. Fever is a official state of emergency in Bulgaria (including employees’ personal data), symptom, so employers can temperature until 13 May 2020, and its expected including by implementing secure VPN check employees to comply with their ‘emergency epidemic situation’ follow-up, connections, establishing rules for WiFi obligations. After 13 May 2020, it would generally be permissible to usage and keeping software up-to-date. employers must make new assessment process some categories of health- Training to make sure employees are whether they have such a right, based on related personal data in order to ensure aware of the additional risks to the orders of the health authorities, employees’ health and safety. In information security outside the office is spread of coronavirus, etc. particular, processing should focus on recommended. In implementing employers’ obligation to refuse workplace additional processes involving personal If an employee appears sick at work, you access to employees with coronavirus data, employers must provide clear notice are obliged not to admit them and are can symptoms. Employers should generally to the employees, update their internal entitled to suspend them without pay. seek to collect and process indirect records of processing, and comply with They would be able to obtain a medical information that may indicate certain any other necessary obligations under certificate and benefit from sick leave employees pose a higher risk in the the GDPR. pay. You could also require managers to workplace. report anyone who appears sick. Tracing apps Employees may not refuse to come to Requiring employees to take coronavirus work unless they are on sick leave. Any tests, or processing the results of tests Tracing apps could be used voluntarily by employee who has been in contact with a taken voluntarily by the employees is citizens, and the data collected could be confirmed coronavirus case should be likely to violate the applicable legal further processed by the state authorities quarantined. regime. If an employee has tested based on the public interest of positive for coronavirus, you must take coronavirus prevention. This type of In line with these measures, we assume measures to inform and potentially processing by employers would be employers are entitled to request health remove not only the sick employee from generally disproportionate, unless status information from employees. You the workplace, but also any other expressly regulated by law. are entitled to ask employees directly employees that have likely been in whether they have coronavirus and you contact with him/her. Avoid identifying or can ask if they have recently travelled to naming specific employees. a high-risk area.
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Employers must allow the use of paid or unpaid leave at the request of certain Sickness and quarantine pay categories of employees. Reduction of activity Employees are entitled to sick pay of Restructuring 80% of their usual remuneration. This Employers can: also applies if they are quarantined or if Employers could resort to the following family members have been quarantined. Unilaterally implement remote work (this downsizing measures: is currently also an employer’s obligation Temporary pay support under the 13 March 2020 Order of the • closure of the enterprise or specific Minister of Health). departments, During the state of emergency but for no more than three months employers can Suspend the business of the entire • staff cuts, from, for example, receive state compensation of up to 60% enterprise, part of it or individual merging two departments or of the January social security income and employees. In this case the employer outsourcing activities to an external 60% of social security contributions owed could either unilaterally grant the use of service provider. by the employer for the relevant month the employees’ annual paid leave or for affected employees whose work was there will be a suspension of work and suspended by an official order or whose the employees will be entitled to their working hours have been reduced (in this entire gross remuneration. case the compensation is paid off You can instruct your employees to report proportionally to the non-worked hours). Unilaterally introduce part-time working their travel plans prior to going to a hours for the entire duration of the state country with registered coronavirus cases For employees in the latter categories, of emergency or part of it: In this case and say that non-compliance could result the employer has to prove a decrease in salaries will be reduced accordingly. No in disciplinary action. As of 00:00, 20 sales of at least 20% in the month consent from the employees would be March 2020 until 17 April entry to preceding the application compared to necessary. Bulgaria for all third-country nationals sales in the same month in 2019. (non-EU and non-Schengen nationals) and by any means of transport, including Employers who receive this aid remain Assign other work to idle employees aircraft, maritime and railways is liable for the rest of the employee’s taking into account their qualifications temporarily prohibited. Non-Bulgarian remuneration, i.e. 40% of the salary and and health. social security contributions and must nationals, arriving from Italy, Spain, France, the UK and Northern Ireland, return any state aid if they do not pay Terminate the employee’s contract in the Germany, the Netherlands, Switzerland, their share of the salaries. event of suspension of work for more Austria, Belgium, Iceland, Lichtenstein, than 15 business days. Luxembourg are to be refused entry into Bulgaria, with limited exceptions for Employers cannot compel employees to particular categories of individual. For full agree to reduction of salaries by mutual details see here. agreement. Instead they could reduce working hours and decrease pay.
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All passengers arriving from countries not of individuals and hospitals, on salaries included in the entry ban arriving and medical equipment, as well as (regardless of whether coronavirus cases You are not required to report to the certain enforcement actions in respect of have been registered in that country or authorities, but should encourage your property and individuals’ movable assets not), are placed under mandatory employees to take a medical test if they are suspended. Exceptions apply. Notary quarantine for 14 days. The arriving suspect they may be infected. certifications are limited only to urgent passengers must inform border health cases. All limitation periods, time barring authorities of the address where they will rights or giving rise to obligations of be quarantined. Transit is only permitted private persons and entities are when the immediate departure from suspended. Subject to exceptions, all Bulgaria is guaranteed. Foreign nationals, other legal time periods that expire during for whom transit is allowed (see below), Tax and Accounting the state of emergency, which are not must notify their respective diplomatic or suspended as per the above, and are consular mission in Bulgaria in advance The deadline for publication of the annual related to the exercise of rights or for the specific transit route to be set by financial statements is extended until 30 fulfillment of obligations by private the Bulgarian authorities. Under the Act, September 2020. In addition, dormant individuals and entities are extended until foreign nationals’ residence permits, IDs entities must submit a declaration of one month after the end of the state of and certificates have been extended for dormancy by 30 June 2020. The deadline emergency. The validity of all time-limited six months, in particular permanent and for submission of the Corporate Income administrative acts that expire during the prolonged residences certificates issued Tax (CIT) returns for 2019, as well as for state of emergency, is extended until one to EU and EEA nationals, Swiss nationals payment of the corporate income tax due, month after the end of the state of and third countries nationals granted free is extended until 30 June 2020. If the emergency. Until the end of the state of movement under international treaties. company is required to pay advance emergency, the effects of default on Additional flexibility on the terms of corporate tax instalments for 2020, the payments based on financial agreements renewal and conditions of absence for instalments will have to be reported by 15 (e.g. loans, leases) of private individuals permit has also been introduced. Most April 2020. and entities, are suspended. The importantly, if a current prolonged payments affected by the suspension can residence permit expires during the state Judicial, administrative and enforcement be owed to financial institutions or to third of emergency foreign nationals can enter time limits and actions parties. Suspension of the effects of Bulgaria without a visa within 14 days as default on payments includes the accrual of the end of the state of emergency. See Procedural time limits in pending of interest and penalties for delay, here for details. litigation, arbitration and enforcement acceleration, and the right to rescind a cases are suspended retroactively from contract and repossess assets. Until 8 13 March 2020 until the end of the state April 2020, the suspension applied to all Radoslav Alexandrov of emergency (except for criminal delayed payments regardless of the type Bulgaria litigation). Public enforcement sales and of obligations. It is not necessary for them Any preventive measures should be Boyanov & Co. repossessions are suspended. The to be based on financial agreements for applied using objective criteria, for [email protected] relevant procedures must be initiated this period. example, the travel destinations listed by anew after the end of the state of the Health Ministry. emergency. Injunctions on bank accounts Back to top
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workplaces will begin to ease into What steps may be reasonable to protect reopening. The dates for each phase and vulnerable workers are likely to be Canada Canada has yet to declare a nation-wide lists of specific workplaces that will begin determined on a case-by-case basis and state of emergency, however several reopening, as early as May 2020, vary involve advice from public health and/or Last updated: provinces have declared a state of from province to province. medical officials. Any at risk individuals 8/5/2020 emergency, and others have issued should be permitted to work from home, public health emergency notices. For businesses deemed ‘essential’ that or simply stay home if they are at risk in Canadians are encouraged to stay home have remained open, and those that are the workplace. and self-isolate to the greatest degree planned to reopen in the near future, the possible to combat the spread of the following guidance is pertinent. If an employee has symptoms of coronavirus pandemic. Most Canadian coronavirus infection (i.e. mild to severe jurisdictions have closed all non-essential Ensure basic supplies such as hand- respiratory illness with symptoms of businesses at this time and have hygiene products, tissues and fever, cough, and shortness of breath), released lists of essential services that receptacles are available in all locations. he or she should consult with the relevant remain open. Several Canadian If possible, employees should be public health authority, and should not be provinces have enforced the closure of permitted to work from home, shift starts permitted to return to work until receiving schools, public facilities, recreation and breaks should be staggered to medical clearance. All employees who centres and theatres. For businesses that reduce the number of people in the worked closely with the infected remain open, it is advisable to require workplace at a time, and work stations employee should also be removed from employees to work from home when should be arranged to maintain distance the workplace for at least a 14-day period possible. Employers should follow the between individuals. Telephones, to ensure the infection does not spread in guidance released by their respective videoconferencing and the Internet the workplace. Posters and employee provincial health authorities. should be used to conduct as much handouts can be used for education and business as possible. Physical distancing awareness at the workplace. Self-isolation measures are currently measures such as installing barriers escalating, with both provinces and the between individuals, and maintaining 2- If you believe through objective federal government putting sanctions in metre distance between individuals knowledge or reasonably held belief that place to penalise those who breach self- should be implemented. If physical an employee has been exposed to the isolation or quarantine requirements. distancing of two metres is not possible at coronavirus, there may exist a justifiable When individuals do need to leave their the workplace, consideration should be reason to require the employee to stay homes, they are reminded of physical given to face covering or a non-medical home. You have an obligation under and social distancing practices that are to mask. Medical masks or respirators are occupational health and safety legislation be implemented, such as keeping two being conserved for health care workers across Canada to ensure a safe metres apart from other individuals. and others providing direct care to workplace for all employees. coronavirus patients.
If you have vulnerable employees (over age 65, compromised immune system, or Canadian jurisdictions have begun underlying medical condition) your releasing multi-phase plans to reflect how obligations to them could be different.
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You may need to ask employees about being to provide potentially exposed their health status and travel history. You employees with sufficient information to should generally avoid any targeted protect themselves and the workplace, Sickness and quarantine pay screening questions which may relate to but maintain confidentiality of the affected ethnicity or disability and advise employee as much as possible. Where an employee contracts employees that the purpose of screening Whenever possible, employers should coronavirus and is unable to work, you is strictly in relation to workplace health avoid disclosing the name of the must grant any applicable legislative and safety. individual who may have caused the leave to the employee, in addition to coronavirus transmission risk, but this meeting any sick leave obligations in may not always be possible in all employment agreements or collective circumstances. agreements. Employees who cannot work due to coronavirus-related illness Protecting privacy Tracing apps may be captured under employee benefits, and may be eligible for short- term disability. Employee personal information, including Tracing apps are not yet widespread health information, should generally be across Canada. Federal and provincial Temporary pay support kept confidential in the workplace. You officials are still in discussions over the may be subject to applicable privacy use of tracing apps, and how to manage legislation depending on the jurisdiction privacy concerns. The Province of Alberta The Government of Canada has and sector in which you operate. has released a tracing app, based on introduced the Canada Emergency similar technology to that used in Response Benefit. This benefit will Singapore. The app will inform a user if provide a taxable benefit of CAD 2,000 a Canadian privacy legislation generally they have been in close contact with provides exceptions to consent for the month for up to four months to: someone who has tested positive for disclosure of personal information in coronavirus, but the app will not provide emergency situations involving threats to • workers who must stop working due personal information such as the name of life, health or security of an individual, or to coronavirus and do not have the contact. The impact this app will have the public at large. In certain Canadian access to paid leave of other income on the workplace is yet to be determined, jurisdictions, privacy legislation may not support; and it is not clear at this time whether require consent to collect, use or disclose employees can be compelled to personal information that is necessary to • workers who are sick, quarantined, download such an app, or potentially manage the employment relationship. or taking care of someone who is share any notifications received. This is sick with coronavirus; an area in Canada that is still in Generally, to comply with applicable fluctuation and continual discussion. Canadian privacy legislation, employers • working parents who must stay should not disclose the reasons for an home without pay to care for children employee’s leave or remote working that are sick or need additional care situation, except as required for other because of school and daycare employees to perform their duties or closures; maintain a safe workplace. The objective
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• workers who still have employment employees without incurring liability. but are not being paid because there There are also statutory exemptions in is insufficient work and their many jurisdictions for unforeseeable The Canadian Government has issued a circumstances, which may include a employer has asked them not to number of Orders in Council (‘OIC’) pandemic or government-ordered closure relating to the existing travel bans in come to work, and; of a business. A number of provincial effect for travellers from the USA and governments are proposing amendments from other parts of the world. At this time, • wage earners and self-employed to statutory leave guarantees to address the OIC’s are to remain in effect until 21 individuals, including contract the impact of coronavirus. May 2020 and 30 June 2020, workers, who would not otherwise be respectively. Any person regardless of eligible for Employment Insurance An employer must ensure a safe working nationality is prohibited from entering (EI). environment. Depending on the situation, Canada if they show signs symptoms of a it may be necessary to close a business fever and cough or fever and breathing The Federal Government advises that location for occupational health and difficulties with few exceptions. Canadians who are already receiving EI safety reasons. An employer’s obligation and sickness benefits will continue to for providing notice or pay in lieu of notice Entry from the US is restricted to receive their benefits and should not to employees in the event of a workplace essential travel only, with few exceptions. apply for the CERB. If EI benefits end closure will be governed by the specific For entry from a country other than the before 3 October 2020, Canadians can facts of each case. US, any foreign national, who is not a apply for the CERB once their EI benefits Canadian citizen or Permanent Resident cease, if they are unable to return to work Restructuring of Canada will not be allowed to enter due to coronavirus. As of 27 March 2020, Canada. There are relevant exceptions the Canadian Government has The Canadian Government has for immediately family members or implemented a 75% wage subsidy for implemented a number of financial permanent residents, work and study small and medium-sized employers. If measures in hopes of helping companies permit holders and healthcare or employers do not qualify for the 75% retain their staff and avoid layoffs or emergency workers, among others. wage subsidy, they may still qualify for a restructuring during this time. However, Although these exceptions are in place, 10% temporary wage subsidy. there are currently no coronavirus-related interpretation and application of these national programmes that restrict exceptions varies by port of entry. companies regarding any future Anyone who is eligible to return to restructuring exercises. The Bankruptcy Canada will need to pass the airline’s and Insolvency Act, as well as the pre-boarding health check. Upon arrival Reduction of activity Companies’ Creditors Arrangement Act in Canada the foreign national will provide for restructuring and or liquidation undergo an additional health screening Normally, an employer will risk incurring options for Canadian companies. before departure from the airport. Anyone liability by imposing a unilateral layoff, returning to Canada, regardless of however, in the current circumstances if nationality, is required to self-isolate for an employer is required to close by 14 days even if they are asymptomatic, government order, it may be able to layoff with very limited exceptions. Returning travelers must have an approved self-
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isolation plan in place before they are result to provincial health authorities. temporary wage subsidies for small allowed to leave the airport or land border However, if an employee in the workplace businesses, providing credit to small to crossing. Those without an approved self- is diagnosed, employers may want to medium-sized businesses, and isolation plan will be placed in voluntarily contact public health implementing tax flexibility measures. government-assisted quarantine for the authorities to receive advice and assist in Certain provinces have also taken 14-day period. The government has identifying the infected employee’s measures to aid businesses, small to instituted severe penalties for non- contacts. large. These measures include the compliance. temporary waiver of interest payments on If the employee becomes ill or dies from loans, tax deferrals and temporary loan Trade and supply chains, including coronavirus, and it is determined that programs. trucking, will not be impacted by this infection occurred at the workplace or in closure. the course of employment, there may be Back to top an obligation, under health and safety and workers’ compensation legislation, to notify the regulator. You have an obligation to maintain a discrimination-free workplace. Employers should be cautious not to effect any differential treatment on the basis of a protected ground, such as race, ethnicity As the coronavirus pandemic escalates, or place of origin. Further, human rights more and more Canadian businesses are legislation protects employees from being facing closures, whether voluntary or adversely treated on the basis of a government mandated. Courts and perceived disability or illness. You must Tribunals across the country have been have a reasonable basis for the belief affected by closures, and some provinces that an employee may be infected before have responded by waiving limitation taking action in regards to that employee. periods at this time. Although the federal Workplace screening, if implemented, government continues to encourage must be conducted in a general manner, Canadians to self-isolate, certain and avoid targeting specific employees Provinces have increased their measures without a reasonable basis. to ensure Canadians follow self-isolation and quarantine requirements by imposing fines. In certain jurisdictions, businesses Greg McGinnis may be fined if they continue to operate Canada There is no obligation for employers to in light of a closure order from the MathewsDinsdale report a confirmed coronavirus case to Provincial authority. [email protected] federal or provincial health authorities. om The medical professional who received The federal government is supporting the diagnosis must report the positive test Canadian businesses by providing
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On 26 March, Law N° 21.220 regarding • Encourage your employees to wash remote working and/or flexible working hands properly by providing them Chile The government has not imposed a conditions was published. The Law took with drinking water, soap, and effect on 1 April 2020. nationwide lockdown however, it has alcohol gel. ordered the closure of shopping centers, Last updated: • Reinforce cleaning of bathrooms, 8/5/2020 cinemas, theatres, pubs, discos, nightclubs, restaurants and public gyms, places where food is consumed, for an indefinite period of time. In desks, door handles, pencils and Despite the fact that most businesses in addition, a ban on professional and Chile are closed by decision of the other work tools. amateur sporting events has been authority, measures for the reopening • Cover mouth with tissue when ordered. Schools have closed. have been released by the Ministry of coughing or sneezing (or an elbow Health through a recommendation policy. or shoulder if no tissue is available). In addition, the government has This policy includes some preventive • Ensure that in common spaces such maintained a quarantine policy, issued on health and safety measures for as dining rooms, transport, offices or a weekly basis, decreeing the total and workplaces to decrease the risk of temporary closure of some communes in desk spaces, masks are worn at all infection. the country. To date, the following times and that a distance of at least boroughs are in total quarantine: Arica, Companies authorised to reopen are one meter is maintained between Antofagasta, Mejillones, Quilicura, those located in quarantine-free zones, employees. Recoleta, Independencia, Quinta Normal, excluding cinemas, theatres, pubs, Santiago, Estación Central, Pedro • Avoid touching your eyes, nose and discos, cabarets, night clubs, gyms open mouth. Aguirre Cerda, Cerrillos, San Ramón, El to the public and restaurants. Bosque, La Pintana, San Bernardo, • Do not share hygiene or food items. Puente Alto, Ñuñoa, La Florida, Renca, If the business is located in a totally • Avoid hand shaking or kissing. Macul, San Joaquín, Peñalolén, Cerro quarantined area or region, it can operate Navia, Conchalí, La Cisterna, Lo Espejo, provided that it carry out an essential Employees may refuse to return to work if San Miguel, La Granja, Lo Prado, Angol, service, that is, their purpose is to provide they deem that working implies a serious Victoria and Punta Arenas. vital services, exercise political authority, and imminent risk to their life or health. In maintain citizen security and sustain the this case, the employee must During the quarantine period, people in economy (e.g. hospitals, supermarkets, communicate his/her decision to abandon these areas will only be able to leave pharmacies, airports and public the workplace to its employer as soon as their homes if strictly necessary for transport). possible. medical reasons and to access essential services including supermarkets, On any resumption of activity, you must You cannot force an employee to get pharmacies, etc. Permits are required to take strict health and safety measures in tested for coronavirus. Forcing an do so, which can be obtained from the workplace, following the instructions employee to undergo this type of comisariavirtual.cl with a unique code of the health authority. These include, but examination could be considered an (clave única). are not limited to: infringement of his/her fundamental rights.
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However, given the employer´s obligation Finally, the Labour Authority has measure (quarantine) the social security to take all the necessary measures to indicated that if a company is closed by a authorities will decide on the coverage of effectively protect employees’ life and health authority, this circumstance could the respective payments. health, you can ask employees whether be considered as force majeure, they have recently travelled to a high-risk releasing the parties from their Temporary pay support area, if they have been in contact with contractual obligations. Employees would someone who is infected or if they are be released from their obligation to On 6 April 2020, Law No. 21,227 on sick or have been diagnosed with provide services and the employer to pay Employment Protection (aimed at coronavirus. salary. However, the labour courts will protecting family income and jobs due to have the final decision regarding this Covid-19) entered into force. The new You are also allowed to do temperature matter. Law provides the possibility, if checks at the entrance of the Company´s requirements are met, of accessing premises, with thermometers that do not unemployment insurance coverage in involve physical contact with the three main scenarios: employees or have restricted contact with Sickness and quarantine pay them. Suspension of the employment If an employee falls sick, you need to relationship by law: during the effects of a establish whether the infection occurred coronavirus-related governmental in the course of a work or personal measure which involves the suspension activity. In the first case, accident and of the prganisation’s activities in all or part of the country that prevents or totally According to Article 10 of Law No. work-related insurance will be prohibits the provision of the services, the 19,628, processing of ‘sensitive personal responsible for providing medical and employment agreement is automatically data’ is prohibited. Sensitive personal financial benefits. In the second case, the suspended. data may only be processed when employee´s health insurance agency determined by law or when the subject of must provide the medical and financial Agreement on temporary suspension of the data gives written consent. Sensitive benefits. the employment contract: employer and personal data is defined in the law as employee can mutually agree on the information on racial or ethnic origin, Consequently, employees with a temporary suspension of the employment political opinions, religious or political confirmed coronavirus diagnosis, who relationship, when the activity of the beliefs or other beliefs of a similar nature, had close contact with individuals in work employers is totally or partially affected. trade-union membership, and sexual situations whose diagnosis has also been orientation, personal data regarding the confirmed (whether the infection has a In both cases, the employee is not past, actual or future physical or mental work or other) will be covered by the obliged to provide services and the health and personal data concerning benefits of Law No. 16,744, where it is employer is not obliged to pay criminal offences, proceedings and/or possible to establish the work origin of remuneration (or other allowances that do convictions. the infection. not constitute remuneration), only social security payments. The employee will To date in Chile, there is no tracking For cases where the health authority has receive his/her remuneration from the application available to organisations. granted medical leave as a preventive unemployment insurance.
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Temporary reduction of working hours: • closing the organisation and allowing The parties may agree on a temporary employees to use their annual leave reduction of working hours provided that collectively The Labour Code prohibits discrimination the legal requirements are met. The on the basis of health status. In addition, employer must continue to pay social If applicable, employers/employees can the Labour Authority has noted that security and pension contributions access the of the unemployment employers should avoid any infringement according to employees’ effective working insurance coverage set out in Law No. of employees’ fundamental rights while hours. The employee is entitled to receive 21.227. taking health and safety measures in the remuneration in proportion to his/her workplace to prevent the spread of effective working hours, and a coronavirus. complement from his/her individual Restructuring unemployment account. The employment contract can only be terminated on the grounds of company needs or termination at will (Law No. Currently, there is no particular 21,227). For six months from 6 April requirement obliging employers to report. 2020 or if the ‘State of Catastrophe’ is still Reduction of activity in force, the employer is not entitled to The Ministry of Health has been issuing terminate an employment contract due to daily coronavirus communications on its You can agree with your employees on force majeure or an unavoidable event. website on when and what to report. It remote working and/or flexible working has also opened a hotline (600 360 77 conditions. This can be introduced as 77) for coronavirus questions. long as the conditions of the place in which the employee will be working and You should avoid sending employees to a the nature of work allows it. The health high- risk area, opting for meetings via authorities have encouraged remote video conferencing. working to avoid infection. 18 March 2020, the Chilean President From 18 March 2020, Chile has closed its The Labour Inspectorate has suggested declared a ‘State of Catastrophe’ to land, sea and air borders to non-Chilean some alternative measures for employers contain the spread of coronavirus cases. citizens. to protect jobs. Those include but are not It will last 90 days. limited to: All Chilean nationals and permanent residents in Chile coming from abroad will • home office; be able to enter the country by submitting • agreeing on new working schedules; themselves to Sanitary Customs and a • agreeing with employees to mandatory 14-day quarantine. anticipate holidays;
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It gives the government extraordinary In addition, the Government has accused is deprived of liberty, and urgent powers, including to: announced: family matters.
• restrict freedom of movement and • suspension of provisional monthly On 1 April 1, a law was enacted, assure food supply and basic payments (PPM) of corporate establishing an exceptional legal regime services; income tax for the next three for proceedings, hearings, interruption of months; statute of limitations, etc. The main • limit the liberty of assembly; measures are suspension of hearings • postponement of VAT payments for that cannot be carried out because no • requisition property; the next three months for all basic guarantees can be offered for due companies with sales under UF process because of the restrictions • alter the right to property; 350,000 during 2019, making it imposed by the Government, remote possible to pay in six or 12 monthly processing, etc. (Law No. 21,226). • adopt extraordinary administrative instalments at zero real interest rate, measures, etc. depending on size;
Tax • early income tax refunds for small The Ministry of Health releases daily and medium sized companies; coronavirus communications on its On 30 March 2020, the Ministry of website to keep the population informed Finance issued Decree No. 420, which • postponement until July 2020 of about the virus, preventive measures, establishes tax measures to support income tax payments for small and new cases, forms of infection and other families, employees and micro, small and medium-sized companies according matters. medium enterprises with the difficulties to what they declare as income next generated by the spread of coronavirus in April; The Labour Authority has provided Chile. They are: guidance on employers’ obligations in the • all expenses of companies workplace regarding the prevention and • family Income Support Bonus for associated with facing the health control of the coronavirus. recipients of certain family subsidies; emergency accepted as tax- deductible expenditure. Back to top • temporary reduction of Stamp Tax rate to 0% for credit operations Changes in the justice system between April and September 2020; The Supreme Court of Justice has Marcela Salazar • measures to increase the flow of agreed to prioritise extraordinary criminal Chile fiscal resources available to cases involving prisoners, appeals for Munita & Olavarria implement the Emergency Economic protection, labour and tax cases [email protected] Plan. regarding fundamental rights, appeals for annulment and incidental appeals in criminal matters in cases where the
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Tracing apps
China The government has delayed school re- It is only mandatory to install government- opening after the winter vacation. In most Protecting privacy initiated tracing apps. You cannot compel Last updated: cities, the local government has employees to install a company-initiated 7/5/2020 announced school re-opening in April or You are required to collect information in tracing app. May. Schools that have not yet re-opened relation to whether an employee has are providing online teaching to students. visited high-risk areas and whether an If an employee receives a notification on employee is infected or suspected of the government-initiated tracing app infection, and promptly report this to the related to his/her personal health issues
local health authority. that may put other employees’ health at risk, you are entitled to know this You should take appropriate labour An employee cannot refuse to tell you if information. In this case, if the employee protection and prevention measures they are infected: he or she has a legal refuses to disclose the notification to you, following the health authority’s obligation to truthfully disclose his or her you can deny him/her from accessing the instructions to ensure a safe and hygienic health condition and travel history in a workplace and can take relevant working environment (e.g. take workers’ timely manner. Only the government disciplinary actions against him/her temperature regularly and distribute facial authority has the power to force according to company policy. However, if masks and disinfectant to workers, individuals to take test. the employee is able to work remotely in regularly clean and disinfect the this case, you should still pay his/her workplace, etc.). Employees’ health and travel information salary. must be kept confidential and should not If an employee is infected with be disclosed to any other third party other Employees who are unable to work as a coronavirus, you should urge him or her than government authorities (e.g. the result of government quarantine to get medical treatment in a timely health authority) for the purpose of measures or other government-mandated manner and report the case to the local epidemic prevention and control. emergency measures should be paid government. It is advisable to arrange for normal salaries. those employees who have been in close You must report the identities of contact with the infected employee to employees who have contracted the work from home and pay attention to their coronavirus to the health authority. health condition. However, unless it is agreed by the target employee whose identity will be disclosed You should do your best to distribute or it is required/requested by the health protective supplies, provide guidance on authority, the identity of the target self-protection and adopt flexible working employee must not be disclosed to other arrangements if necessary. employees.
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suspension is contained within one full No restrictions can be imposed by trade wage cycle. For suspensions longer than unions or works councils on restructuring You must pay sick leave salaries and one full wage cycle, you may be or staff reductions. provide other related sick leave benefits permitted to pay reduced salary to to employees who are infected with the employees in accordance with local coronavirus during their medical regulations. observation and treatment period. On 26 March 2020, the central Cost-saving working arrangements such government announced that, effective as reduced salary and no-pay leave can You must continue to pay employees who from 0:00 28 March 2020, entry by be agreed by employees. are unable to work as a result of foreign nationals holding valid Chinese government quarantine measures or visas or residence permits will be Restructuring other government-mandated emergency temporarily suspended, but entry with measures their normal salaries. diplomatic, service, courtesy or C visas Coronavirus-related laws and regulations will not be affected. Foreign nationals do not prohibit employers from carrying coming to China for necessary economic, out restructuring or termination/layoffs, trade, scientific or technological activities but pursuant to some local regulations or for emergency humanitarian needs (which vary from locality to locality), if an Reduction of activity may apply for visas at the Chinese employer does not implement layoff or embassies or consulates. Entry by controls the scale of layoff to a certain Where it is necessary for the business, foreign nationals with visas issued after extent, it will qualify for relevant this announcement will not be affected. the government encourages employers to government funds. adopt flexible working arrangements such as reducing pay, changing work You should be cautious about arranging The likely length of time a workforce schedules or shortening working hours, for employees to travel during the current reduction process will take and the provided that employees agree to these situation, as it may put employees’ health associated procedural requirements arrangements. at risk. An employee may also be subject depends on the specific ground for to mandatory quarantine requirements on workforce reduction, e.g., if the reduction Employees who are suspected of arrival at the destination as well as on his is made on a mutually agreed basis, it or her return from the destination. infection, or who have been in close can be quick and there is no mandatory contact with confirmed or suspicious procedural requirement; while if the cases, must be placed in quarantine as reduction is an economic layoff, it usually required by the government. Employees takes at least one to two months to who travel back to their work location complete and there are certain from a high-risk area should also stay in procedural requirements to meet. If these home quarantine. are not met the layoff may be illegal. If you decide to suspend business operations and production, employees should be paid normal salaries if the
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You must not discriminate against any employees who are confirmed or suspected to have contracted the coronavirus .
You should follow the government’s requirements to collect employees’ travel and health information and must report infected and suspected case to the local health authority. You should take necessary and proper measures to ensure the confidentiality and security of the information collected from employees, and must not use the collected information for other purposes.
There are temporary governmental supportive measures in place, such as reducing the social insurance burden for companies by postponing the annual adjustment of contribution base and/or reducing the contribution rate. Details of these measures vary on a city-by-city basis.
Back to top Tracy Zhu China Fangda Partners [email protected]
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which they have travelled to countries in There are exceptions to preventive which coronavirus has been detected. isolation for 34 specified situations, Colombia You should implement prevention and You and your employees should monitor including providing health services, promotion actions in the workplace that all these cases for 14 days following their acquiring basic necessities, production, Last updated: comply with the Ministry of Health return to Colombia. They should measure distribution and supply of medicines, 2/4/2020 guidelines and recommendations, as part their temperature at least twice a day and hygiene and health equipment among of the Health and Safety at Work if they experience symptoms, you must others. For more details and a link to the Management System (‘SG-SST’), in inform the health entities and the ARL decree, see here. coordination with the Labor Risk and comply with the public guidance Administrator (‘ARL’ for its acronym in established for these cases. Employers’ response Spanish). These activities include improvement and reinforcement of Employees cannot refuse to tell you they Public guidance for prevention should be cleaning measures and self-care, training are infected. It is a matter of public health followed. In particular, encourage remote employees in hand washing technique, and the Ministry of Labor has established working for employees who have preventing sharing of tools and personal employees’ self-care liability, as well as travelled to countries in which protection items among employees, employees’ obligation to provide clear coronavirus has been detected for 14 among others. and truthfully information to employers days following their return to Colombia. about their health situation. This means If there is a case of coronavirus or employees must inform you, truthfully and Quarantine may be used. Its duration will suspected coronavirus in the workplace, in a timely manner, about any symptoms. be for a period not exceeding the you should immediately notify the health maximum incubation period of the authorities, so that they can provide disease or until the absence of a risk of immediate attention. You should strictly infection from coronavirus has been follow the recommendations of the ARL if Lockdown verified. Isolation has also been a coronavirus case is detected in the introduced to prevent the spread of workplace. On 22 March 2020, the President of coronavirus . Isolation for public health Colombia issued Decree 457 by which he purposes may be voluntary or mandatory Generally, you should comply with the ordered mandatory national preventive by order of the health authority. minimum standards for the workplace set isolation from 25 March 00:00 until 13 out by the Ministry of Labor and the April 00:00. Ministry of Health and should promote remote working and discourage In view of this, the Ministry of Health has meetings, etc. taken several measures to restrict the entry of international flights to prevent contagion. These measures are contained in Resolution 380 of 2020, Employees are required to tell you about Resolution 385 of 2020 and Resolution any travel to high-risk regions: they 408 of 2020. should inform you of dates and places to
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In addition, from 23 April to 30 May, only of coronavirus , as well as any official the following individuals can enter the bulletins and communications and Sickness and quarantine pay country (unless and until these measures communicate this information in the are amended): workplace. Employers should provide for sick leave, which is paid by the health authorities. • Colombians and foreigners with Recognition of medical leave should be permanent residence in Colombia, made by the EPS or ARL depending on that is, holders of migrant visas, the origin of the disease. During residence visas or courtesy visas quarantine and in the absence of sick The Internal Work Group on Visas and leave, individuals may work remotely, if and their dependants in the country; Immigration of the Ministry of Foreign possible. Even if not strictly regulated, • diplomats accredited in Colombia; Affairs will take the following measures regarding the operation of visa services: coronavirus risk would be considered as • air crew. an objective reason for not attending work (for public health purposes) • Visa applications filed with meaning that salaries should be paid. consulates will be inadmissible, regardless of class or category. No specific provisions relating to Temporary support pay • The Ministry of Foreign Affairs will coronavirus have been introduced, so you should follow general anti- accept visa applications for study For state support measures currently in and electronic approval, but will not place please consult the coronavirus hub. discrimination provisions. make visa stamps in the passport. • The Ministry of Foreign Relations will
not examine visa applications from According to the Ministry of Health The Ministry of Health and Social foreign nationals who are outside measures described in 3 above, from 22 Protection has a free national contact Colombia. March to 23 April, international flights will telephone line 018000-955590 and (57-1) be restricted. This means that nobody will 3305041 in Bogotá addressing frequently Numerous other measures have been be allowed to enter Colombia during this asked questions about coronavirus . Any taken to support the economy and time. This measure has been taken in symptoms or possible cases should be suspend judicial activity among others. conjunction with the closure of maritime, reported to the health authorities both by For full details, please consult the fluvial and road borders. individuals and employers. You should coronavirus hub. protect the privacy of any coronavirus sufferers in your workforce. Maria Adelaida Durán Back to top Colombia Brigard & Urrutia Abogados [email protected] You must comply with the Ministry of Health protocols on responding to cases
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• measures to limit social gatherings, home for employees for whom this is work in stores, service activities and possible. There are no new Croatia Kindergarten, schools and faculties in maintenance of sports and cultural epidemiological recommendations for Croatia are currently closed, and the events; employers: the previous ones remain Last updated: Ministry of Education has organised valid. 11/5/2020 online classes for all pupils and students. • a Decision on new working hours of As of 11 May 2020, kindergarten and stores (from 08:00. to 17:00). In practice, the vast majority of employers schools for pupils from first to fourth are allowing employees who belong to grade have reopened for children who Some new decisions setting out risk groups (chronic disease, cancer are not able to stay at home due to work epidemiological recommendations for patients, pregnant women etc.) or obligations of their parents (guardians). using public transport, visiting stores, employees who live with high-risk doing sports in the open, etc. have been individuals, to stay at home and work The Civil Protection Headquarters of published. from home, if the nature of their work Croatia has adopted numerous decisions allows it. to prevent the occurrence and spread of coronavirus. Most of them have already Employers must still encourage expired, because epidemiological employees to apply general hand and The relaxation of measures in Croatia situation allows the progressive softening food hygiene rules, wash hands with has taken place in three phases. The first of anti-epidemic measures. Currently, the soap and water, or use an alcohol-based phase began on 27 April 2020, when all only decision still in force is the temporary disinfectant solution before eating, after stores, except for those in shopping prohibition on crossing the border into using the toilet and after any contact with centres, were allowed to start operating. Croatia. animals. Avoiding handshakes is also Other service activities were also allowed recommended. The presence of multiple to start operating, except those involving The following are no longer in force: people in closed spaces should be close contact with clients (such as minimised as far as possible. Where hairdressers, cosmeticians etc.). These there are multiple people present in the • prohibition on leaving places of were enabled to operate in the second residence and permanent residence same space, wearing masks is phase from 4 May 2020. recommended. Physical distance between employees of a minimum 2 Other decisions are no longer in force, In the third phase, on 11 May 2020, all such as: meters should be maintained. Between shopping centers were permitted to meetings, employer should impose a operate and facilities exclusively in • temporary suspension of public break long enough to ventilate, clean and outdoor spaces and terraces have been disinfect the workspace. transport; authorised.
• temporary closure of children's There are no specific rules about which playgrounds and open sports office-based businesses are permitted to grounds; reopen and when. For these businesses, there are only recommendations from the Government to continue with work from
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Infected employees must be hospitalised place of work, and to organise work in a The Government tried to pass and their absence from work will be way that ensures the protection of life and amendments to the Law of Electronic treated as temporary incapacity for work health of employees. Communications, providing for the (i.e. sick leave). Other employees who possibility of monitoring citizens’ mobile were in close contact with an infected To achieve a high level of safety and phones’ location via mobile operators but person must be self-isolated at home with protection of employee’s health, the opposition and the public objected, active medical surveillance for 14 days. occupational safety experts have and the Government is currently The entire working area should also be particular responsibilities at this time. The preparing the new revised proposals. disinfected. employer’s on-site occupational safety expert must check daily whether You can ask employees whether they are employees are complying with the infected and whether they have recently prescribed measures and conduct Sickness and quarantine pay travelled to a high-risk area. Under the frequent internal inspections, the results Croatian Labour Act, an employee must of which must be communicated to the For employees who are in quarantine or immediately inform his or her employer employer. self-isolation, as well as employees about a disease or other circumstances receiving medical treatment, absence that disabling the employee in Under the GDPR, the processing of from work will be treated as temporary performance of his or her duties or personal data should be considered incapacity for work (sick leave). For the endanger the life or health of other lawful if it is necessary to protect the first 42 days of temporary incapacity for employees. Employees cannot refuse to interest necessary to preserve the life of work, the employer pays. tell you if they are infected: it would be the respondent or another person. This considered a breach of their work rule applies where processing is Temporary pay support obligations. necessary for humanitarian reasons, including for the prevention of epidemics The Croatian Employment Service (CES) Under the Labour Act, you can send and their spread or humanitarian has introduced measures (‘Employment employees for medical examinations to emergencies, particularly in the event of Preservation Package) aimed at determine their medical fitness to perform natural disasters and disasters caused by preserving jobs in industries affected by certain jobs: this could include human intervention. coronavirus. The aim of these measures coronavirus testing. is to safeguard jobs for employers Tracing apps experiencing a temporary decline in business activities and/or losses in Although the European Commission has business, and to assist people in published Recommendation on a acquiring the necessary knowledge common EU toolbox for the use of Protecting privacy preparing them for the job market in view technology and data to combat and exit of the potential loss of jobs in this difficult from the coronavirus crisis, in particular economic context. The financing will take The Croatian Labour Act provides that concerning mobile applications and the the employer is obliged to procure and the form of an aid of HRK 3,250.00 per use of anonymised mobility data, Croatia the month of March and HRK 4,000.00 maintain facilities, devices, equipment, has not yet develop these tools. tools, place of work and access to the per month for April and May
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per employee working full-time, up to In terms of temporary regulation of • 20% for companies. employing less 1,625.00 HRK per the month for March employment relations in the context of the than 50 employees per fiscal year, and HRK 2,000.00 per for April and May coronavirus epidemic, employers have on average; per employee working part-time. This is the following options: work from home, pro-rated where part of the month was changes to working hours, decisions on • 15 % for companies employing less worked before the Decisions of the Civil annual leave, temporary decrease in than 250 employees per fiscal year, Protection Headquarters of Croatia came salary, ceasing work operations (with on average; into force. Decision of the Civil Protection salary payment), unpaid leave (but only • 10% for companies employing over Headquarters introducing measures for at the employee’s request), temporary 250 employees per fiscal year, on limitation of social gatherings, work in inability to work (for an employee who average. stores, service activities and maintenance has become ill with coronavirus, or who is of sports and cultural events prohibited obliged to self-isolate or quarantine) and, work of all cultural activities, catering as a last resort, dismissal for economic Terminations based on expiry of fixed- facilities and all service activities where reasons. term employment contracts, retirement or there is a close contact with the client. All dismissals for misconduct are not taken into account in the decrease. employers whose business were Restructuring adversely affected by such measures in Employers can apply for the subsidies 20% income decrease compared to the There is no prohibition on dismissing described above for employees made same period last year (i.e. from March to employees on national level, but redundant due to the coronavirus May) can use these financial measures employers who dismiss employees during pandemic between 1 and 31 March 2020, before CES. the coronavirus pandemic will face some but who were subsequently re-hired by consequences. the employer within the same period of time. The number of redundancies (i.e. business-related dismissals) is limited for Reduction of activity companies that benefit from the monthly subsidies provided by CES based on the Under the Civil Protection Headquarters Employment Preservation Package. According to the Decision temporarily of Croatia Decisions, employers must Companies benefiting from these prohibiting crossing the border into organise work from home for employees subsidies will become ineligible to them if Croatia, all Croatian citizens are whenever possible, and minimise close between 20 March 2020 and for the prohibited from crossing the border contact between employees, as well as duration of payment of subsidies, the except for health workers, cross-border between employees and customers. They number of their employees decreases workers, goods carriers, transit must also cancel employees’ official trips more than: passengers, diplomatic staff and police (except those of great importance) and officers. Croatian citizens returning from prohibit employees exhibiting symptoms • 40% for companies employing up to high-risk areas who do not show signs of of coronavirus from coming to work. ten employees; infection are to be placed under medical surveillance in self-isolation based on the decision of border sanitary inspectors.
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According to the prohibition on individuals leaving their place of residence and permanent residence, only the following On their websites, the Ministry of Health traffic is allowed: movements necessary During this pandemic situation, the main and the Croatian Institute for Public for supply, daily commuting for individuals decisions are coming from the Civil Health and the Civil Protection employed in public services whose work Protection Headquarters of Croatia which Headquarters of Croatia publish daily is necessary, reporting to the public, is managing this crisis. reports and latest findings related to residents requiring urgent medical care, coronavirus infection, including adopted movement on vital family grounds (such Police officers have been given a major decisions and recommendations for as providing childcare, care of elderly role because they control whether specific categories of population (e.g. people, or purchasing food and basic citizens respect the Civil Protection people over 60, individuals attending necessities), commuting to and from work Headquarters decisions on staying home public meetings, etc.). where the work is necessary and cannot and only leaving in justified be carried out from home, urgent and circumstances. Police officers can also Back to top operational services involved in check whether citizens have their ‘pass combatting the coronavirus. card’ when they enter or leave their places of residence or permanent residence.
Discrimination should not pose an issue Most courts in Croatia have announced as long as you treat coronavirus infected that hearings, inquests and other individuals in the same way as you would activities before the court in non-urgent treat anyone else who is temporarily procedures which have been suspended incapable of work. during the current extraordinary circumstances.
As the pandemic is a major blow to the economy, the Ministry of Economy and If an employee has doubts whether he or the Ministry of Finance have adopted she has been in contact with a source of various measures aimed at ensuring the coronavirus infection and begins to show financial stability of the state and symptoms, he or she must inform your economic recovery and entrepreneurship, occupational safety and health expert or such as deferred payment of state other responsible person, in order to benefits (including of personal income Andrej Zmikic ensure you can undertake measures for tax, local surtax, pension and health Croatia the protection of other employees’ health. insurance contributions for three months, Divjak, Topić & Bahtijarević The employee must also seek medical with a possible further three-month [email protected] attention from a competent doctor. extension subject to conditions), and loans with lower credit rates, among
others.
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have been tested positive for • ensure that proper cleaning is coronavirus; carried out daily especially, cleaning Cyprus The government has announced a slow of surfaces that people touch several exit from the lockdown in three phases. • specify entry and exit procedures for times a day (equipment, computers, Last updated: Based on the latest decree issued by the external suppliers, set a structure for keyboards, tables, knobs, etc.) with 11/5/2020 Minister of Health, the first phase started collecting deliveries without physical detergent or disinfectant: on 4 May 2020 and will last until 20 May; contact and create electronic, the second starts on 21 May. The third cashless and paperless pricing • educate and train staff on the correct phase is yet to be announced. See here systems; use of masks and gloves. If anyone for details. Homeworking is still falls sick the employers are obliged recommended for the private sector and • encourage the use of masks and to close the workplace for communication is encouraged using gloves where possible, with the professional disinfection and make videoconferencing, telephone and emails. exception categories for which the sure their employees are safe. use of masks and gloves is compulsory; If an employee becomes sick with coronavirus, the business should immediately suspend operations and Employers must ensure social distancing • keep a diary of people entering their disinfect the premises before restarting. is observed between employees as well premises to facilitate tracking in the Employees should stay away until the as with customers. The supply of masks event of a coronavirus case; disinfection is completed. Only registered is the employer’s responsibility. • encourage employees to work from disinfectants can be used by licensed biocidal users according to the European home, where possible, to reduce the number of employees present at Centre for Disease Prevention and their premises; Control guidelines. When disinfection is The Cyprus Federation of Employers & completed and before any employee Manufacturers (OEB) has issued • place posters and floor markings in returns to work, the premises should guidelines for businesses. Employers remain closed for at least three hours and should: the workplace as reminders of the two-metre distance rule and appoint then ventilated for approximately 30 minutes. All employees closely related to • appoint a crisis management team someone to monitor whether people are maintaining the required the sick employee will not return to work and a Safety Committee and and will be under quarantine. familiarise themselves with and distance; follow the Ministry of Health instructions regarding the prevention • where possible, set shifts so that the and treatment of coronavirus; least number of employees are in the workplace at the same time; • check whether their employees Protecting privacy include workers belonging to • install hand disinfection stations at vulnerable groups and people who visible entry and exit points and You are accountable for employees’ around the workplace; privacy under the GDPR regardless of
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whether they work from home or their app , but if they do not want to use one, workplace. Inform employees of the employers will be in breach of the GDPR importance of data privacy and the if they compel employees to install the To protect both employers and danger of online threats: advise them to app and use it, as this is too intrusive, employees, the government has so far change their login details frequently and especially given the fact that those apps implemented five emergency schemes use more complex passwords. Inform depend on the disclosure of very and some additional support measures. employees immediately of any dangerous sensitive personal information. More emails or spam sent to the company or questions are raised on whether Special Part-Work Suspension Plan was anything suspicious. Avoid giving employers are entitled to know when an introduced in March 2020 for employers employees’ personal information to employee receives a notification. Articles that had partly suspended operations, clients and adhere to the exchange of 6 and 9 of the GDPR allow data meaning a reduction in turnover of over work emails. If employees use their own processing when it is necessary to 25% in March 2020 compared to 2019. laptops or computers, they should install protect the public interest or a vital The scheme has now been renewed strong antivirus software to avoid any interest of the data subject or other covering the period between 13 April to privacy/data breach. You must ensure subject matter but this must be balanced 12 May 2020. The reduction should be the security level is appropriate to the with employees’ rights (part of employers’ exclusively as a result of the pandemic. risk, especially now employers are more duty of care) and the principles of The basic requirement is not to proceed exposed to security risks regarding proportionality and necessity. This with any dismissals starting from 1 March employees’ personal data. Enhance IT balancing act can be very challenging. 2020 until the plan ends, and for a period security measures such as VPN, firewall, equal to the plan’s duration plus one antivirus encryption and remind The Cypriot government encourages the month. During this time, you cannot employees of their data security use of a mobile phone app, dismiss any employee for economic obligations. Employers and employees COVTRACER, which traces people who reasons. Affected employees are entitled must be extra vigilant when using may have come in contact with a to receive statutory unemployment teleconferencing since there is a greater confirmed coronavirus case, however this benefit for as long as operations are exposure to data hacking. It is strongly is a voluntary tracing app and people suspended. The benefit paid is 60% of advised that employees complete training cannot be compelled to use it. A the amount insured, up to a cap of EUR in data protection and are advised to Bluetooth based tracing app was 1,214 and not less than EUR 360. have a plain background during abandoned due to privacy concerns. Due teleconferencing to avoid exposing to the above, we consider in Cyprus you Special Total Work Suspension Plan is personal information or their personal cannot compel an employee to install the for employers forced to close from 16 space. traor have access to the employee’s March 2020 as a result of the notifications, since this will be going too government’s decisions and for Tracing apps far. businesses which have a reduction in turnover of over 80% because they are Tracing apps might be an effective tool to If an employee is placed in compulsory directly related to businsses subject to an monitor the employees’ health, but raise quarantine, they should apply for a obligatory suspension. The initial scheme legal and ethical questions, such as the Special Sickness Allowance benefit, has now been renewed covering 13 April respect of private life and data protection. provided that they have a certificate to 12 May 2020. The basic requirement is Employees can consent to use a tracing issued by the Ministry of Health. not to proceed with any dismissals
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between 1 March 2020 until the plan • They are absent from work because temporarily keep off their workforce ends, and a period equal to the plan’s they are in obligatory quarantine or employees entitled to the special duration plus one month. During this time, in self-isolation as per Ministry of allowances the Social Insurance Fund is you cannot dismiss any employee for Health instructions and hold a paying to employees during the pandemic economic reasons. The benefit is 60% of medical certificate issued by their (i.e. the Special Sickness Allowance, the amount insured up to a cap of EUR GP or the Ministry of Health. This Special Leave Allowance). Employers 1,214 and not less than EUR 360. only applies to people who cannot could also reduce employees’ working telework or work flexibly. hours, provided they have employee’s Special Benefit for the Self-Employed is prior consent/ agreement to these for self-employed people who have • They have coronavirus and hold a changes. Unilaterally changes to suspended work either partly or totally. Ministry of Health certificate . employees’ working hours are not The initial scheme has now been permitted and if employers insist on such renewed for the period 13 April to 12 May • They are 63 or older, do not receive a change, employees could argue that 2020. Pharmacists, microbiologists, state pension and continue to work. their employment agreement was doctors (except dentists), vets, medical repudiated and that they have been suppliers and equipment operators, and • They are disabled and work as per constructively dismissed. Finally, public academic trainers are not eligible. the Schemes for Occupation with employers could require employees to The basic requirement for those applying Support. take leave but only if this is reasonable or is not to dimiss employees for economic allowed under the contract of reasons between 1 March 2020 until the Special Leave for Employee-Parents employment. Forcing employees to take plan ends and a period equal to the allowance is for carers of children aged either paid or unpaid leave entitles plan’s duration plus one month. The up to 15 and disabled children serious risks, especially regarding unpaid benefit is 60% of the amount insured and irrespective of age. It is only available for leave, since the employer’s obligation to will vary between EUR 300 and EUR 900. private sector employees for a maximum provide the employee with work (and pay) of four weeks and your consent is and the employee’s right to work (and Special Sickness Allowance is available necessary. Only one parent can claim it receive payment) are considered implied to employees and the self-employed who and only where teleworking or working within every employment agreement. The fulfil the following criteria: flexibly is not possible and they have no only way for an employer to reduce risks other help at home. is to reach an agreement with employees • They are ‘vulnerable’ (falling under under which they consent to be off work any of the categories of vulnerable with paid or unpaid leave for a individuals published by the Minister reasonable amount of time. of Health on 29 April) and need to be absent from work to protect their Restructuring health. They should hold a medical Reduction of activity certificate issued by their GP. This In Cyprus dismissals for restructuring are only applies to people who cannot Cypriot employers’ main option for activity lawful within the strict conditions in telework or work flexibly. reduction is to suspend operations under Cypriot legislation on redundancies. This the Special Part-Work Suspension Plan legislation, has not been (see 4 above). Other options include updated/amended in the context of the
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coronavirus pandemic. Employees who must undergo a mandatory coronavirus 20:00. Avoid communicating any are terminated on grounds of redundancy test. Flights to and from Cyprus for sensitive personal data about an are considered to be fairly dismissed and humanitarian reasons or individual flights individual and encourage the employee to are not allowed to receive any statutory for exceptional emergency circumstances report their own case. compensation from their employer are also exempt. The government has regarding their dismissal. The main legal also started the repatriation of individuals reasons for redundancy are reduction in who applied for it. the volume of the employer’s business, reorganisation, closing specific departments and business or workplace The deadline for self-employed to pay closure. Based on Cypriot case law, it is their social insurances contributions has In general, you should be aware of the doubtful whether an employer could been extended to July 2020.The risk of direct and indirect race invoke reduction in business volume to scheduled increased contribution rate to discrimination claims. Employers could dismiss employees at this stage of the the General Health System has now been be liable if their employees racially harass pandemic. However, the employer could postponed from 1 April to 31 May 2020. other employees, even if the employer invoke other redundancy reasons for the does not know and would not approve of dismissals such as reorganisation All Cypriot Courts and Courts Registrars such behaviour. Careful staff training is (provided that he/she actually reopened from 4 May.The Central Bank advised. reorganised his/her business and as a of Cyprus (CBC) has relaxed the criteria result the redundant employees’ duties for new loans and other credit facilities to were eliminated) or business/ department help affected businesses and households closure (subject to conditions). meet their current liabilities. Restructuring Anyone wishing to travel for work must is available to performing borrowers, who will have to apply for restructuring by 30 have a certificate signed by their employer, plus ID. For all other permitted June 2020. New credit facilities may travel, those under 65 years old must include overdrafts and short-term loans Flights have been prohibited as of 03:00 send an SMS to 8998 seeking with full repayment at the end of the loan (Cyprus time) on 21 March 2020 and still government approval and have their ID or rather than instalment payments. The are, with the exception of the transport of passport with them at all times. Those purpose of these new credit facilities is to cargo between Cyprus and the rest of the over 65 can complete a handwritten form, cover current needs, including payroll, EEA. Return to Cyprus is only allowed for which they should carry with their ID or rent, debt to creditors, etc. The CBC has specific categories of people. All passport. Based on new Ministry of advised banks to demonstrate flexibility to returnees must quarantine for 14 days in Health guidelines, if someone is infected, affected businesses and households and government-designated premises by the or thought to be infected, he or she must to restructure existing loans and other government and take a mandatory Nadia Tryfonidou self-isolate and contact 1420, which credit facilities. The Association of Cyprus coronavirus test. Those who were abroad Cyprus operates 24/7, to receive step-by-step Banks has suspended foreclosure for medical reasons and returned to George Z. Georgiou & instructions on how to proceed. If you proceedings until 18 June 2020. Cyprus should self-isolate at their home Associates LLC need more information about coronavirus, and continue receiving their medical [email protected] you can contact either 1450, which Back to top treatment. Anyone returning to Cyprus operates 24/7, or 1412 from 08:00 to
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Czech From 12 March 2020, in-person The Government has devised a plan attendance in school and university easing restrictions in several phases (on Protecting privacy Republic facilities has been restricted. In the past 11 May 2020 shops in shopping malls, few weeks, some exceptions have been museums, galleries, hairdressers, etc. As a general rule, you can only process Last updated: allowed (in particular for final-year opened, on 25 May 2020 restaurants, employees’ data that directly relates to students). cafes, theatres, taxi services, etc. will performance of work and to the 12/5/2020 open; other establishments will open over employment relationship. The processing Retail sale of goods and provision of the following months as yet unspecified). must adhere to rules set forth by law. In services in establishments is restricted, the context of the coronavirus crisis, with certain listed exceptions. Providers The Government has issued specific employers may have to process personal of goods and services may be forced to requirements for sale of goods or (or otherwise sensitive data) that they restrict or close their operations. provision of services in establishments usually do not process (such as health- However, restrictions have been (shops) that have opened. Employees related data). They must nevertheless considerably eased see 2 below. An must wear masks (see above) and keep adhere to the principles of necessity, employer‘s operation may also be closed distance from others of at least two proportionality and accountability and based on an individual quarantine metres (if possible). should aim to minimise any risks that decision issued by the competent public processing might pose to employees’ health authority. Employees cannot refuse to come back right to privacy (as well as other rights). to the office (assuming the employer’s You can only process personal data of The Government has ordered that workplace adheres to all relevant health employees to the extent necessary for individuals can now stay and move in and safety requirements). the purposes of protecting employees’ publicly accessible places in groups not health and ensuring safety in the exceeding ten. This limit does not apply You cannot enforce coronavirus testing workplace. Employers should not process to groups of household members, for employees: at present, these tests are personal data beyond what is necessary performance of professional, business or performed only at the discretion of the to the identification of potentially exposed other similar activities, and funeral public health authorities or attending employees. This is confirmed by the attendance. A distance of at least two physicians. However, some healthcare Office for Personal Data Protection metres from other persons must be kept facilities offer tests for a fee. The Ministry guidance. When monitoring employees, (if possible). The Ministry of Health has of Labour and Social Affairs recommends non-intrusive measures should always issued an order requiring people to wear employers ascertain eligibility to work take precedence. You may be required protective face equipment (such as through extraordinary occupational by law to disclose certain data to state respirators, drapes, face masks, medical examinations. You should, authorities for public health reasons. headscarves, etc.) outside of home. Even however, consult your provider of medical though certain exceptions are allowed, services on how to proceed. If an Tracing apps employees are generally obliged to wear employee tests positive for coronavirus, protective face equipment in the he or she is ordered into quarantine. The A contact tracing programme has been workplace. employee must then inform the employer launched by the Czech Republic that of his or her status. allows for mapping of social contacts of
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individuals positively tested for Temporary support pay Extraordinary measures carer’s coronavirus by means of an infected allowance will be provided for the entire person’s card payment and mobile Carer’s allowance: An employee taking period of effect of these measures (even operator data from the previous five days, care of a child or other dependent can retroactively and even where carer’s plus data from a related tracing app that apply for carer’s allowance. This is a allowance was used up prior to the new people may voluntarily install on their sickness insurance benefit provided by law) but until 30 June 2020 at the latest. mobile devices. Use of the data by public Czech Social Security Administration From 1 April to 30 June 2020, carer’s health authorities is subject to the (CSSA) of 60 % of the so-called ‘reduced allowance of 80 % of reduced daily basis infected person’s consent. Employers daily basis’ (calculated based on will be provided. It will also be provided cannot require employees to participate employee’s salary). Until now, carer’s (under certain conditions) to employees in the programme or to install the tracing allowance was provided by the state to on zero-hour contracts (so-called app, or require data from the programme. employees who could not work due to ‘DPP’and ‘DPČ’). You cannot refuse access to the having to take care of child under ten as workplace or deny pay to an employee a result of schools and other facilities State financial aid for employers: The who chooses not to participate in the being closed on the decision of a Government has adopted a ‘Antivirus’ tracing programme. In employment law, competent authority; the child being in programme targeted programme to employee consent is very problematic quarantine; or a person previously taking support employment and to help due to the imbalance of power between care of the child being incapable of doing employers. There are two regimes. employer and employee. For that reason so due to injury, illness, etc. we cannot exclude the possibility that Regime A employee consent to an employer’s From 27 March 2020, new rules apply for tracing app might be considered invalid. the duration of the Government Under Regime A, employers can apply In that case, there will be a serious risk of extraordinary measures. During this for a state contribution to salary potential fines from the data protection period, carer’s allowance is also provided compensation paid to employees due to: authority. to employees who cannot work due to having to take care of: • employee quarantine (ordered by physician or public health authority) • a child under 13 years if school or in connection with coronavirus Sickness and quarantine pay similar is closed; (employer pays 60% of employee’s reduced average earnings for the In cases of temporary incapacity to work • a dependent child (regardless of first 14 days); due to illness (medical certificate age) with at least level I (light) completed by a doctor) as well as in case dependency; • operation closed or restricted by of quarantine, you must pay the official measures (national and employee 60% of their reduced average • a person over ten who is placed in a foreign) in connection with the earnings for the first 14 days. From the facility providing specific care to COVID-19 crisis (employer provides 15th calendar day, the employee receives individuals with at least level I (light) 100% of employee’s average state sickness benefits. dependency; if their care facility was earnings). closed due to extraordinary measures.
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The state covers 80% of salary of emergency was declared). The quarantine. From day 15, these compensation paid by the employer to Antivirus programme is approved until 31 employees are entitled to state sickness employees described above (including May 2020. Any further extension is benefits. Some public measures health and social security contributions). subject to Government’s approval. preventing employers from allocating The upper limit per month per employee work or preventing employees from is CZK 39 000 (approximately EUR working may be considered as 1,429) quarantine.
Regime B Reduction of activity Some operations may have to close or may be restricted due to official measures. If you cannot allocate work to Under Regime B, employers can apply Employees taking care of dependents employees, this would be considered an for a state contribution to salary may be affected by closure of care obstacle to work on the employer’s part compensation paid to employees due to: facilities. If an employee cannot ensure and affected employees stay home and care for his or her child or other get 100% of their average earnings. • absence of a significant number of dependant in any other way and must employees due to obstacles on their stay home, this is an obstacle to work on part (employer provides 100% of the employee’s part, who will not be You can introduce ‘partial unemployment’ employee’s average earnings); entitled to any salary compensation from by an internal rule or by agreement with his or her employer. These employees the relevant trade union if there is a • fall of availability of inputs (employer can apply for carer’s allowance (see 4 temporary cut in demand as a result of provides employees with 80% of above). which you cannot allocate work to their average earnings); employees. Employees will stay home and are entitled to at least 60% of their Homeworking must be agreed by you and average earnings. If you have to interrupt • decrease in demand for the employees and cannot be imposed. As operations because of missing employer‘s products and services homeworking is not suitable for all components/raw materials and cannot (employer provides 60% of employees, you may need to put some allocate work to your employees, this is employee’s average earnings). employees on the ‘paid obstacle to work’ ‘dead time’: affected employees are regime. Home workers should also be entitled to 80% of average earnings. The state covers 60% of salary compensated for related costs compensation paid by the employer to (equipment, electricity, etc.). employees due to the relevant obstacles You can unilaterally direct employees to take annual leave with 14 days’ notice: it (including health and social security If employees are officially ordered into is possible to agree a shorter notification contributions). The upper limit for such quarantine, they cannot work: quarantine period with them. contribution per month for one employee is considered an obstacle to work on the would be CZK 29 000 (i.e. approximately part of the employee. He or she must EUR 1,062). inform you and adhere to the quarantine You can reduce an employee’s working conditions. They are entitled to 60% of hours by agreement and prorate salary The above only applies for obstacles to their reduced average earnings from the but cannot do so unilaterally. If salary is work after 12 March 2020 (when the state employer for the first 14 days of not reduced, you can reduce working hours unilaterally.
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Restructuring Republic has been lifted but transport personal data (e.g. who the employee restrictions and border controls may still may have been in contact with and for The rules on individual and collective impede travel. how long).If the criteria for the collective redundancies remain unchanged during redundancy regime to apply are met (see the coronavirus crisis. Redundancies are From 11 May 2020 until the end of the above), the employer must notify the only possible on grounds stated by law. state of emergency (17 May 2020), the Labour Office. In connection with reduced workload and Government has re-issued a travel ban, downsizing/restructuring, the most easing restrictions and banning entry to relevant grounds are ‘organisational the Czech Republic only for foreign grounds’, in particular: dissolution of nationals without temporary or permanent employer (or part thereof); or employees residency in the Czech Republic (with becoming redundant because of a certain listed exceptions). Anyone The state of emergency has been decision on reduction of headcount to entering the Czech Republic must notify extended until 12 May 2020. Under the enhance work efficiency, or on other the competent hygiene station (with state of emergency, the Government is organisational changes. If certain certain exceptions. The hygiene stations authorised to issue extraordinary thresholds are reached (i.e. total number must order 14-day quarantine for anyone measures (and impose restrictions on of employees and number of employees entering the territory of the Czech individual rights). To mitigate the impact Natasa Randlova made redundant due to organisational Republic without a negative coronavirus of the crisis, the state has adopted Czech Republic grounds), collective redundancy test no more than 4 days old. various measures to aid businesses and Randl Partners obligations towards employees (their their employees. In addition to those [email protected] described above, they include health and representatives) and state authorities (the Labour Office) are triggered. social security insurance relief, tax obligation relief, and direct financial The employer must ensure equal support for the self-employed. The treatment of employees and comply with validity of work permits and short-term the prohibition on discrimination. Schengen work visas has been extended. The Government has reintroduced border Employers must also prevent bullying and As regards policing and surveillance, controls. Czech borders can only be harassment. Should the situation border controls and policing, as well as a crossed in certain designated places and escalate despite the employer’s efforts, it tracing programme have been introduced at certain times. For air border crossings, is possible to consider issuing reprimand (see above). only Prague and Kbely airports can be letters to employees. used. Only Prague airport can be used
for international passenger travel.This applies until 13 June 2020 (23:59). Michal Peskar Restriction on international travel have We recommend you monitor current Czech Republic You can consult a hygiene station about been mostly lifted: international (cross- developments and official Randl Partners employees who appear infected. In this border) road and rail passenger communications closely as the situation [email protected] case, you can provide the hygiene station transportation can resume (depending on is still evolving. with the necessary personal data. If a measures adopted by neighbouring hygiene station gets involved on its own states). The ban on leaving the Czech Back to top initiative, you may have to provide
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will also be allowed to reopen. A decision to quarantine an employee Businesses identified as a high risk of can only be made by the Health Denmark On 11 March 2020, the Government dis-semination, such as fitness centres Authority. However, you may require an decided that all public sector employees and nigh clubs will be part of phase four employee to stay away from work or work Last updated: should stay home and work from home to and will not be reopened before early from home to reduce the risk of spreading 11/5/2020 the extent possible unless they are August (at the earliest). coronavirus. You might do this, for ‘essential employees’. For private sector example, if an employee has recently employees, the Government Apart from that, many employers are travelled or for other reasons is feared to recommended employers to ask their facing a significant decrease in activities increase the risk of spreading employees to work from home, if and have decided to temporarily close coronavirus. possible. From 14 April 2020, phase one down their business, entirely or in part. of the Danish reopening plan started For businesses affected by the measures which included private sec-tor employees implemented to reduce the spread of coronavirus, several initiatives (see 4 and increasingly working from their normal Generally, employers must take 9 below) have already been place of work. Further, on 7 May, the necessary preventive measures to secure implemented. Further, in some sectors Government declared that as a part of employees’ health and safety. The ‘basic changes to CBAs have been made to phase two more private sector employees advice’ is social distancing (which has strengthen employers’ leeway. can return to their normal workplace. If it with effect been set at 1 metre from 10 is decided that employees must work May 2020), keeping the workplace clean, With effect from 15 April 2020, the from home, it is important to set up a providing soap and hand sanitiser, Government decided to reopen most pre- policy (if there is not already an limiting physical meetings and travel. applicable policy) to cover this. schools (up to fifth grade) and childcare institutions. Further, with effect from 18 The Danish Government has asked all May, students in sixth to tenth grades and The Epidemic Act has been amended so organisations to follow the specific guide- boarding schools can return to school. the Minister for Health may issue lines issued by the Health Authority, the These institutions must, however, comply executive orders banning gatherings of Working Environment Authority and the with official guidelines and as a result, people, events, etc. Currently, events and Ministry of Industry, Business and opening hours of a number of schools activities where more than ten people Financial Affairs and encourage their and childcare institutions have been gather are banned. Certain types of employees to do the same. In fact, reduced. As a starting point, employees businesses have temporarily been employers are under an obligation to are obliged to perform their work duties ordered to close, including restaurants, specifically inform employees of any as requested by the employer even nightclubs and shopping malls but from relevant precautions that they should take though they may have difficulties 11 May 2020, shopping malls can based on advice from the Health arranging childcare. In practice, most reopen, The same ap-plies for Authority no regardless of whether the Danish employers will make restaurants and bars from 18 May (part of employees are working from home. arrangements with employees regarding phase two of the reopening plan). From 8 Examples of guidelines covering specific homeworking, time off in lieu, holiday, June, phase three takes effect, and it is sectors include those from the Ministry of expected the ban on gatherings will be etc., which should at least partly mitigate the challenges regarding this. raised to 30-50 people. Museums, outdoor amusement parks, cine-mas etc.
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Industry, Business and Financial Affairs becomes infected, he or she must let you If an employee installs a tracing app, data about liberal professions (e.g. hair- know. from the app will not necessarily be dressers, dentists, restaurants etc.), available to the employer. That depends office workplaces and construction sites. An employer cannot force an employee to on how the app works. Furthermore, even be tested for coronavirus. However, if data from the app is available to the Measures that have been put in place special guidelines may apply to employer, the employer will not (are recommended) include employees in certain sectors. Further, if automatically be entitled to process data organisational changes such as working an employee shows signs of being derived from the app. This type of data in shifts, adapting the workplace to social infected with coronavirus, the employer pro-cessing requires that the employer distancing, etc. can send the employee home with pay meets the normal statutory data and encourage the employee to be protection standards for such processing, If the employer makes sure to comply tested. bearing in mind that the data might be with all the relevant measures and guide- health data which means that strict legal lines from the authorities, an employee According to the Data Protection Agency, standards must be met. cannot (as a starting point) refuse to an employer may register and disclose come back to the workplace. If the information about employees’ health (e.g. It is important to stress that employers employee has specific concerns (e.g. due that an employee is infected with must obtain the employee’s explicit con- to chronic illness), most employers will coronavirus) to enable the employer to sent before processing data on the enter into a dialogue with the employee in take the appropriate safety measures. employee’s health via a tracing app in order to try to find a solution. The processing of such data must be order to be compliant with data protection limited to what is necessary in order to legislation. The employee must receive If an employee falls ill and suspects it fulfil this purpose and the employer must, detailed information on what data the may be coronavirus, the employee should thus, always consider if the purpose can employer will receive via the app, and the be encouraged to follow the Health be achieved by processing ‘less’. employee will be entitled to withdraw Authority guidelines. Currently, the Health his/her consent at any time. Authority offers everyone falling sick with In addition, processing information on symptoms that could be coronavirus to be coronavirus is required in order for the Further, the Data Protection Agency has tested. employer to apply for reimbursement of published an article in which the Agency sickness benefits under the new rules comments on tracing apps and states regarding coronavirus. that ‘a voluntary approach and transparency are crucial factors’. Tracing apps Protecting privacy Employers cannot force an employee to Generally, you are not permitted to ask install an app unless this app is a ‘work Sickness and quarantine pay employees questions about their health, tool’ needed in order for the employee to but as the coronavirus may have a carry out his/her work. A tracing app will If they are infected with coronavirus, significant impact on employees’ ability to not generally meet this requirement. employees will receive sick pay, provided per-form their work, if an employee they are normally entitled to it.
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If they are not entitled to receive pay receives compensation. For salaried operational or financial situation is during sickness, they will generally be employees, the compensation to the significantly affected by the coronavirus entitled to sickness benefits from the business will amount to 75% of the situation. public authorities instead. employees’ salary subject, however, to a cap of DKK 30,000 per month per full- Agreements on temporary salary If an employee is quarantined by the time employee if the business chooses to reduction (or reduced working hours Health Authority, he or she should be send home the employees instead of leading to an equivalent salary reduction) treated as if he or she is off sick. The dismissing them. For non-salaried are possible provided that the employer employee will be entitled to receive pay employees, the wage compensation will enters into an agreement with each from the employer if they are normally amount to 90% of the employees’ salary individual employee. If these agreements entitled to this. The same applies if the subject, however, to a cap of DKK 30,000 are not possible, the employer could employer, based on the Health Authority per month per full-time employee. For unilaterally give notice of the salary guidelines, decides to require an more details see here and here. reduction/reduced working hours with a employee to stay away from work for a notice equivalent to each employee’s certain period of time. The possibility of obtaining individual notice period. However, the supplementary unemployment benefits employees may decline to accept such Temporary pay support for employees under a scheme regarding an essential change to their employment distribution of work has been enhanced. terms and instead consider themselves The Government has introduced new For more de-tails see here. dismissed with the applicable notice. sickness benefit rules providing a right to receive benefits or reimbursement of Redundancies caused by the employer’s benefits from the first day of sickness economic situation are also possible. absence if the absence is due to Depending on the number of employees Coronavirus infection or an officially Reduction of activity made redundant, specific compulsory imposed quarantine. For more details see procedures may apply. here. In Denmark, it is not possible to send home employees without pay unless the As a general rule, dismissing an An executive order on wage employer has specific legal authority to employee due to force majeure is not compensation for private sector entitles do so, e.g. in a collective agreement. possible in Denmark unless the businesses to send home affected employment agreement explicit lays down such an option. employees with full pay in the period from For temporary lay-off measures with pay, 9 March to 8 July 2020. The scheme please see above under Temporary state applies to businesses that are facing support for pay. Restructuring dismissal of at least 30% of the employees or more than 50 employees. The employer can also require that the No special measures relating to The scheme covers employees employed employees take holiday subject to the downsizing or restructuring have been by 9 March 2020, and employees can be notices laid down in the Holiday Act. implemented as a consequence of the sent home with wage compensation at Employees may also be required to take coronavirus. See the measures described one day’s notice. Under the wage holiday without notice if the company’s under Reduction of activity, above. compensation scheme, the employer
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proportionate, in order to avoid a later • possibility of compensation for some claim of indirect discrimination. fixed costs for severely affected The Government announced the businesses; implementation of border control at all of Further, employers must consider the risk Denmark’s borders from Saturday 14 of claims of disability discrimination in • temporary ‘wage’ compensation for March. Only travellers who can situations where the employee or the the self-employed and freelancers; demonstrate a 'worthy or credible employee’s family belong to a ‘risk purpose' (anerkendelsesværdigt formål) category’, for example due to a chronic • tax credits and VAT credits for for entering Denmark will be allowed illness. In this situation, the employer severely affected businesses; entry; however, Danish nationals will must consider the risk that the employee always be permitted to enter Den-mark. may be disabled and must be sure to • initiatives aimed at exporters taken by The Government has not announced comply with the requirement to take EKF Denmark’s Export Credit Agency; when this will end, however, the majority appropriate measures to retain the of the Danish Parliament has requested a employee in his/her employment. • extra state funded financial timetable for the tourist sector to be able guarantees for new loans and credits to prepare for the summer holidays. granted to affected business;
As regards business travel, the Business In Denmark, there has been a change of • deviation from normal rest Authority has announced that business strategy from containment to mitigation. requirements due to force majeure. partners or contacts, customers, etc. may This means that if a person develops travel to Denmark to attend meetings symptoms of coronavirus infection, the Further amendments and measures may which relate to ‘an existing contract’ or per-son should stay at home or go home be implemented. similar. However, the traveller must be from work immediately. There is no able to present documentation of the general obligation to contact the contractual relationship, such as a authorities for a test and there is no contract. For more details, see here. general obligation to register or even The official coronavirus website (in contact a doctor. However, special English) provides information on health, guidelines may apply to employees in certain sectors, such as health care staff. measures to reduce the spread of coronavirus, initiatives to mitigate the Employers must consider the risk of negative economic consequences, etc. directly or indirectly discriminating against employees on grounds of ethnic or Back to top national origin. All restrictions implemented in the workplace must be In addition to the mitigating initiatives for general restrictions, and in no way be Yvonne Frederisken employers mentioned above, several directed towards employees of any Denmark other economic initiatives have been particular ethnic or national origin. They Norrbom Vinding presented, including: [email protected] must at the same time be legitimate and
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• limit on the number of customers work has been recommended, where who may enter a shop at the same possible. Estonia On 12 March 2020, the Government time; declared an emergency situation in Last updated: Estonia. The following measures were • prohibition on all public gatherings, 14/5/2020 applied over the following weeks in order film screenings, nightclubs, Shopping centres, museums and to curb the spread of the virus: shows/performances, concerts and exhibition halls were allowed to reopen conferences, sports and exercise from 11 May 2020. Schools and hobby • all schools closed and all events and visits to museums and education providers are allowed to other exhibitions; educational activities ordered to be resume their (contact study) activities carried out electronically; from 15 May 2020. Libraries are set to • prohibition on visits to public sports open on the same day. Sports clubs and • restriction on crossing the state halls, gyms, saunas, spas, sports swimming pools are allowed to open from clubs, swimming pools, water parks, border and reintroduction of border 18 May 2020. controls; day centres, casinos and slot machine halls, hookah cafés, Shopping centres are subject to social • prohibition on individuals (with recreation and entertainment distancing rules under which a two-metre facilities, including, for example, exceptions) leaving their place of distance should be maintained. residence within 14 calendar days of bowling, billiards, adult clubs, and Disinfectants are to be made available children’s playrooms; arrival in Estonia; and proper cleaning of surfaces ensured. Masks are not obligatory but their use is • prohibition on individuals (with • prohibition on staying after 22:00 in recommended. Distance marking is exceptions) who are diagnosed with catering establishments, including recommended on floors and contact at coronavirus and people residing in restaurants, cafés and bars (except cash register minimised. Plexiglass the same place with them leaving for takeaway); protections are also advisable at the cash their place of residence until they register. recover; • prohibition on more than two people being together and moving around in Schools can organise their activities in • suspension of provision of scheduled a public place; study groups of up to ten people. (non-urgent) health-care services in Measures must be taken to protect the private hospitals and dental clinics; • obligation on people to keep at least staff and students from the spread of the two metres from others indoors virus, including disinfecting surfaces and • closure of shopping centres, except (except in homes) and places ensuring sufficient ventilation. Use of for grocery stores, pharmacies and a intended for public use. masks is not obligatory but is strongly few other specific category shops recommended for staff members and located in shopping centres; The Health Board has also advised students belonging to risk categories. people to properly observe hygiene • closure of libraries; requirements, stay at home and avoid any unnecessary social contacts. Distant
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Rules and recommendations to sports Board), employers are justified in must sitll be paid for the respective clubs and swimming pools are yet to be requesting mostly information that does period, unless they are sick and entitled announced. not qualify as special category personal to sick pay. data, such as whether the employee has In order to ensure a safe working come into contact with people who have environment and prevent employees from been diagnosed with coronavirus. It falling sick, you should take appropriate would also be justified to request the Sickness and quarantine pay measures, including provision of hygiene employee to confirm that he or she does products and disinfectants. You should not pose a risk to other employees or the If an employee has returned from travel provide employees with instructions working environment in general. The and must therefore stay home for 14 days necessary in order to avoid the spread of Data Protection Board has questioned but has no symptoms of the coronavirus, the virus in the organisation. It is also whether employers could claim special the employee will not be granted important to ensure cleaning of frequently category personal data (health data) from preventive sick leave. In this case, you used rooms, objects and surfaces and to employees in connection with the spread may ask the employee to work from avoid meetings and business trips. of coronavirus and the employer’s home. If working from home is not obligation to secure the safety of the possible, the parties must agree on If an employee has fallen sick, you should working environment. another solution acceptable to both immediately send the sick employee parties (e.g. use of leave, change of work home. You should ask other employees Tracing apps tasks etc.). However, the employer must to monitor their health and to remain at pay the employee an average home if any symptoms occur. In addition, Use of virus tracing apps is not remuneration for a reasonable period you should carry out effective cleaning specifically addressed by Estonian law. It (must be assessed by the parties). and disinfection at the workplace. is questionable whether employees can be required to install virus tracing apps if If an employee has symptoms of there are less invasive measures coronavirus, he or she will be granted available in order to ensure occupational sick leave by the doctor. Sick leave may health and safety. Refusal to comply with also be granted if the employee has had lawful occupational health and safety Protecting privacy direct contact with a person with rules may provide a basis for suspension coronavirus. The first three days of illness of an employee from work, however, As any data relating to the health of the are unpaid, except in the period from 13 whether the requirement to install a virus employees is special category personal March 2020 until 17 May 2020, during tracing app can be considered lawful is a data, you will require a lawful basis for which the first three days of sickness are separate issue and needs to be analysed processing this data under the GDPR. also paid by the Health Insurance Fund. in more detail, taking into account other Generally, employee’s consent is Sickness benefit is paid by the employer possible measures that can be adopted, required for any health-related data from day four to day eight and by the the efficiency of such measures, etc. If processing. Health Insurance Fund from day nine. employees do install the app and the employer requests an employee to stay According to the recommendations of the If, due to unforeseen economic quarantined on the basis of information local regulatory authority (Data Protection circumstances beyond your control (e.g. retrieved from the app, the employee
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the coronavirus), you cannot provide an The Estonian Unemployment Insurance cessation of work, including as a result of employee with work to the agreed extent Fund compensates 70% of the average the coronavirus (layoff). and payment of the agreed salary would gross wages of the employees, but not be unreasonably burdensome on you, more than EUR 1,000 per month. Employees are entitled to 15-90 days you may reduce the employee’s salary Employers are obliged, while receiving prior notice of the layoff (depending on for up to three months over a period of the aid, to pay at least EUR 150 per the duration of their employment) as well 12 months to a reasonable extent, but month to every employee. The taxes will as layoff compensation amounting to one not below the minimum wage be paid by the Estonian Unemployment month’s average salary. established by the Government of the Insurance Fund and by the employers Republic. themselves. No changes to the layoff rules have been adopted in connection with the Temporary pay support coronavirus crisis.
On 20 March, the Government adopted a relief measure which is made available to Where possible, you may ask employees enterprises that meet two out of the to work from home. However, you cannot We recommend you cancel all business following three criteria: force employees to work from home and trips. If an employer decides to send an they cannot demand to work from home if employee on a business trip, the • The employer’s sales, or in the they have not been infected. employee may be entitled to refuse to go. absence of sales, the income has This cannot be considered as a violation decreased by at least 30% in the You may decide to close the workplace of the employee’s duties. In addition, the calendar month for which the as a preventive measure. In this case you entry requirements of the host country compensation is applied for must continue to pay employees and must be considered. compared to the sales or income of grant other rights and benefits to them the same calendar month of the under their employment contracts and previous year. legislation. Any form of discrimination is prohibited. • The employer cannot provide at If you are not able to provide employees This means that employees of any least 30% of the employees with with work to the agreed extent, you may work to the agreed extent and the nationality which is associated with high- agree with them on use of unpaid or paid employer applies s35 or s37 of the risk areas may not be discriminated leave or amendment of working time. against based on their nationality. Employment Contract Act. However, if the employee does not agree Employees must also not be to this, you may be entitled to reduce the discriminated against on the basis of their • The employer has reduced pay of at employee’s pay unilaterally. You may least 30% of employees by at least health status, i.e. if they have been also terminate an employment contract if diagnosed with coronavirus. 30% or to the minimum wage the continuance of the employment established by the Government relationship on the agreed conditions based on s37 of the Employment becomes impossible because of a Contracts Act. decrease in work volume or other
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not affect the employer’s tax liability, since pension contributions are withheld There is no specific requirement to report from the gross amount paid to the coronavirus cases to the authorities: this employee. is done by healthcare service providers. In addition to the above, the minimum social tax payment has been temporarily waived from 1 March 2020 until 31 May 2020.
Interest will not be applied on tax arrears Currently, there are no other changes to for the period from 1 March to 17 May salary taxation and all regular tax and 2020. It is still important to submit tax social security payments are still due. returns on time and settle tax obligations, but tax interest will not accrue during this period. As a longer-term relief measure, tax interest is decreased from 0.06% per day to 0.03% per day from 18 May 2020 Practical information regarding until 31 December 2021. coronavirus related measures is available in the webpage of the Estonian For solvency problems, taxpayers can Government. In addition, apply to make tax payments in recommendations of public authorities instalments. It has been announced by are available here. the Ministry of Finance that the tax authority is instructed to grant payment schedules for 18 months if the tax arrears have arisen due to liquidity problems Back to top caused by the spread of coronavirus. For smaller tax amounts (up to EUR 20,000) a payment schedule can be generated automatically on line at e-Tax / e- Customs Board.
Pension contribution payments towards Heili Haabu funded pensions are suspended by the Estonia state from 1 July 2020 until 31 August COBALT 2021 and employees may also decide to [email protected] suspend their contributions in the period from 1 December 2020 until 31 August 2021. This arrangement would, however,
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employee with symptoms to contact occupational health care. Finland The schools in Finland have been closed, The government is currently negotiating with some exceptions regarding younger to ease the restrictions. Commuting and Last updated: students. The early childhood education other necessary travel is permitted in the 7/5/2020 has been open to all who need but where Schengen area from 14 May 2020 possible, the government has onwards. As of 1 June 2020, the Protecting privacy recommended keep small children home. restriction regarding public gatherings will
However, the government has made a be raised up to 50 people and public Employers are not permitted to process decision to open schools and daycare indoor spaces, such as museums, information regarding employees’ health from 14 May 2020 onwards. theatres and sports centres will be as it is covered by the GDPR. Only gradually opened. Restaurants, cafes and occupational health may keep a register The government has closed Finnish bars are permitted to be open for visitors of illnesses. You cannot ask an employee borders to travel in and out of Finland, with certain restrictions as of 1 June any health-related questions, but you can excluding work travel and transportation 2020. The gathering restrictions must be enquire about employees’ travel of goods. The borders of the region of followed. destinations, as long as no medical Uusimaa were temporarily closed for two information is requested. and a half weeks to contain coronavirus. Remote work is still strongly
All restaurants, cafes and bars are closed recommended. However, it is up to the Employees have a right to privacy for to visitors until the end of May, but can employer to decide whether the health-related information, and can refuse prepare meals for take away. employee's tasks can be carried out to tell you that they are infected. remotely from home. This means However, employers will receive The Finnish government advises that all employees cannot refuse to work at the information from occupational health on work should be carried out remotely if workplace and the refusal could be whether an employee is infected if he or possible. 14 days’ self-quarantine is considered an unauthorised absence. she is tested. You cannot name the mandatory for people returning to Finland The official instructions and gathering infected employee or disclose information from abroad. All leisure travel inside restrictions should be followed if the to third parties and can only inform other Finland should be avoided, and public employer requires employees to perform employees about the infection in general gatherings of more than ten people are work at the workplace. terms. prohibited. The government has instructed people to limit unnecessary You should ensure that all employees are You can request that an employee social get-togethers and stay home. aware of good hygiene practices as undergo a physical examination. These Individuals older than 70 are instructed to recommended by the Finnish Institute for must be performed by a medical stay home. Health and Welfare. Plan and prepare in professional and in accordance with law. advance for a situation where a growing The employee may face consequences if In accordance with government policy, it number of employees get sick, and how he or she does not comply with the is prohibited to organise large public remote work and extra staff can be request. Sick employees may be allowed events (more than 500 people) until 31 organised. You should keep employees to stay at home if they decide to, i.e. July 2020. informed of the workplace strategy without a request to visit a doctor for a against coronavirus and instruct any
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medical certificate during their first days access to workplace, the normal rules Temporary pay support of sick leave. regarding payment of salary apply. This means the employer is obliged to An employee who is absent due to If there is an obvious risk of the spread of continue paying the salary unless an coronavirus without salary may now apply a generally hazardous communicable employee has been placed in quarantine for temporary support. The temporary disease, a competent physician may by authorities. support is paid if the loss is not covered order a person into quarantine for a by another law, such as the maximum of one month. The quarantine Communicable Diseases Act. The is not a legitimate reason to terminate temporary support is paid only if there is employment. Sickness and quarantine pay an agreement between the employee and the employer regarding the unpaid Tracing apps When on sick leave, employees have a absence. statutory right to pay for a certain amount The implementation of tracing apps is of days. The employee must inform his or There are certain temporary amendments currently being prepared by the her employer of the sickness and provide in the legislation on unemployment government. Fundamental rights, data a doctor's certificate if asked to do so. benefits. privacy and data protection would be taken into account when creating the app If the employee is placed in quarantine, • The number of the weeks the and its back-end system. The app would the employee may be entitled to pay if he employee must have been employed not use any location data. The use of the or she has the ability to work remotely. If to be entitled to the unemployment app would be voluntary and processing of the employee is not able to work allowance have been reduced from data would be based on consent. remotely, he or she may be entitled to a 26 weeks to 13 weeks. communicable disease allowance under • The waiting period (five days) for The app under preparation is not related the Communicable Diseases Act. If to employment relationships. It would be employer choose to pay the employee unemployment allowance has been problematic if the employer received regardless, employer may be able to removed and thus, the employee in information collected through the app as apply for reimbursement from the Social entitled to receive the allowance it can only process information that is Insurance Institution (Kela). To be eligible already from the first layoff or necessary for the employment to receive the allowance or unemployment day. relationship. For instance, the employer is reimbursement, the employee must have • The unemployment allowance paid not entitled to gather and process officially been placed in quarantine. As information about employees’ free time. testing for coronavirus in Finland is during the layoff is not counted in the This means employers' own apps would currently selective, many employees will maximum payment period for the be problematic in the first place. You not be tested for the virus and will unemployment allowance. could only recommend the use of these therefore not be eligible to receive the • The unemployment allowance is apps and ask employees to inform you if allowance. they have been exposed or infected. paid also when the employer and employee agree on temporary lay- Employere cannot unilaterally stop the off. payment of salary. If an employer denies
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terminating the employment. In this case, Prior to making decisions on the change of the terms should be an contemplated layoffs or dismissals on alternative for terminating employment. financial and or production-related Reduction of activity The employer and employee may always grounds, the employer must enter into co- mutually agree on changing the terms of operation negotiation procedure with the Employers may choose to close the the employment. This may affect employees (or their representatives). The workplace, but in most cases, must employee's right to receive Finnish government has temporarily continue paying salary to the employees. unemployment allowance as it is often shortened the minimum negotiation and considered that the employee has notice periods regarding layoffs. Layoffs contributed to his/her unemployment. Employer can now also layoff a fixed- However, as mentioned above, the term employee. These temporary Employers can use layoffs if the work employee is entitled to unemployment amendments are in force until 30 June available has been materially reduced for allowance if he/she mutually agrees on 2020. a temporary period of time due to temporary layoff with the employer. The coronavirus outbreak and the employer reduction of working hours can also be Due to the pandemic, immediate cannot reasonably provide the employee carried out by partial layoff if the work has termination of employment during a with other suitable work or training. temporarily diminished and the employer probationary period is possible on Layoffs may be full or partial (reducing cannot offer other work or training. collective grounds. Further, the re- working hours or days). For layoff employment period for redundant periods, the employer pays only the work If an employee is prevented from employees who have received a notice of performed and the employee is entitled to performing his/her work due to an termination prior to 30 June 2020 is an allowance from the unemployment exceptional event beyond the control of extended to nine months (normally four to fund. the employee or employer, the employee six months). These amendments are also is entitled to be paid up to 14 days. The force until 30 June 2020. Other measures coronavirus outbreak may be considered as such event but it must be assessed Generally employers can decide the case-by-case. timing of the employees' annual leave on The Finnish authorities recommend that Restructuring its unilateral decision. However, this is travelling abroad should be avoided until possible only during the holiday season further notice. Employer should control from 2 May until 30 September. During Employers can dismiss employees on unnecessary business travel. Employer this holiday season, the employer may financial or production-related grounds if can ask employees who have been require the employees to take their their work has materially and permanently travelling to work remotely, even if they holidays. diminished and the employer cannot do not have any symptoms of provide the employee other suitable work coronavirus. Currently, necessary work Employers cannot unilaterally change or training. The employer cannot recruit travel within Finland is not restricted. material terms of the employment another employee to perform the same or contract such as the salary or working similar duties just before or shortly after hours: changing the terms unilaterally the termination, unless the circumstances requires collective grounds for have materially changed.
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government has also introduced measures of financial support (e.g. loans Any unfavourable acts against the and pledges) to businesses, which apply employee due to being infected or having to gig workers who operate under a an infected family member is strictly commercial name. prohibited and constitutes discrimination.
It is advisable, that employers take all The GDPR covers health information measures necessary to protect the such as symptoms of illness, and wellbeing of their employees. Employers processing of this information is in are obliged to ensure the wellbeing and principle prohibited. Only occupational work safety of employees working health may keep a register of illnesses. remotely, for example by monitoring Physicians must notify the National working hours, ensuring the employee Institute for Health and Welfare of has all necessary working equipment and Seppo Havia suspected or diagnosed cases of that the employees receive necessary Finland generally hazardous or monitored guidance for their work. Dittmar Indrenius communicable diseases, and this [email protected] overrides confidentiality provisions. Back to top
The Finnish government has earlier declared a state of emergency due to the coronavirus epidemic. However, the government is now gradually easing the lockdown and related restrictions, see above.
The government has enacted many measures to support businesses, for example direct financial support and Idamaria Utunen relaxing the terms of tax payment Finland arrangements. Employers' pension Dittmar Indrenius contributions have been temporarily [email protected] reduced and upon request, the term of payment can be prolonged. The
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Remote work should continue to be the disinfect objects handled and surfaces, rule wherever possible. When this not including sanitary facilities. France France was on lockdown between 17 possible, the company must organise the March and 11 May. respect of the rules of social distancing: Tests Last updated: 13/5/2020 From 11 May shops can reopen. Bars, • A physical distance of at least one In the current state of health regulations cafés and restaurants remain closed, as metre between each employee (i.e. of the public authorities, temperature well as sports halls, party halls, major 4m² without contact around each control is not recommended: it is not museums, cinemas and theatres. person): compulsory and the employee is entitled Shopping centres of more than 40,000 m² to refuse it. If the employer, faced with may be closed if they generate too much • The maximum density in work such refusal, does not allow the population movement. Shopping centres premises must be 4m² per person, employee to take up his post, he may be in the Paris region of this size are closed possibly achieved by reorganising required to pay him the wage for this reason. Gatherings of more than premises, functions and/or work corresponding to the lost working day. ten people remain banned for the time schedule; However, all individuals are invited to being, and events with more than 5,000 measure their temperature themselves in people are prohibited until 31 August. • Circulation plans must therefore be the event of a fever and, more generally, implemented to ensure that the to monitor themselves for the appearance Travel for more than 100 km (flight minimum physical distance is of any symptoms that might suggest distance) from home will only be possible respected, whether in enclosed and coronavirus infection. for compelling family or professional cramped areas or in open spaces. reasons, except within the same Biological or serological screening ‘département’. As a general rule, the wearing of masks campaigns organised by companies for is not compulsory in the workplace. The their employees are not authorised. ‘general public’ mask (made of fabric and washable) is a complement to barrier Employees with symptoms The French Government has drawn up a measures but cannot replace compliance You should ask anyone showing ‘National deconfinement protocol for with the various measures, including symptoms not to go to the workplace. companies to ensure the safety and physical distancing rules. If, despite the Encourage them to consult a doctor health of employees’. This document has implementation of all of the measures without delay, to be tested on the doctor's no binding legal force but serves as above, compliance with the physical prescription and to isolate themselves. official recommendations that companies distance of one metre between two The same applies to individuals who have must implement in practice. people (customers, colleagues, service providers, etc.) cannot be guaranteed, been in close contact (less than one the wearing of a mask will be compulsory. metre for more than 15 minutes) with the In summary, these recommendations are potentially infected person. as follows. In addition, it is advisable to regularly (every three hours) ventilate closed Organisation of work rooms for 15 minutes and regularly
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aids for employers) may decrease from June onwards. Sickness and quarantine pay Protecting privacy Sick employees are compensated by Any employee activity control system social security. Enhanced compensation must be subject to consultation with the measures apply for employees on sick Reduction of activity social and economic committee, leave because of the coronavirus (including those whose health is employee information requirements and You do not have the right to require particularly vulnerable and who are must comply with the regulations on employees to agree to a reduction work unable to come to work because of the personal data in the GDPR. In particular hours and salary. Nor can you impose increased risk of coronavirus for them). they must be justified by a legitimate unpaid leave on employees. Recent Similar provisions apply to employees in purpose that is proportionate to the measures enable: objective sought. quarantine, which is treated as sick leave, and those who have to take care of • A collective agreement to impose the Tracing apps children and cannot work for that reason. taking of paid leave up to a A computer application for the public to Temporary pay support maximum of one week. inform individuals that they have been in • If it is in the interest of the company close proximity to persons diagnosed The government has set up a massive to do so in view of the economic positive with coronavirus is being plan to support employment, through a difficulties linked to the spread of mechanism known as ‘partial activity’ developed by the Government. It is coronavirus, the employer can also expected to be released early June and (formerly ‘technical unemployment’): unilaterally impose a requirement to should be the subject of a future law. Use of this application will be on a voluntary • The employment contract is take ‘reduced working time’ (RTT) basis and it will not record personal or suspended in whole or in part. days. geolocation data. As of today, we would • Employees receive an allowance for not encourage employers to use this type The total number of days affected by hours off work (70% of lost pay, of application. these two measures may not exceed ten. which is 84% of take-home pay). The CNIL, the French data protection • The company applies to the State for Restructuring authority has issued an opinion on the payment of aid in accordance with ‘StopCovid’ mobile application project (in the rules laid down by law. Employers can consider restructuring. French) here. The length of the consultation depends The State covers the entire cost of the on the number of employees in the allowances paid to employees for partial company in question, the number of activity (with reference remuneration redundancies envisaged, and whether capped at 4.5 times the minimum wage, there is a Social and Economic i.e. around EUR 6,850). This plan (and Committee.
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As a general rule, for companies time, to be negotiated with the public visa valid as a residence permit, can envisaging more than ten redundancies, authorities. However, most employers are enter France. it is safe to say that between the start of not in this situation as they have just the consultation process and the first made their first request for In addition, the validity of documents dismissal letter being sent out, the indemnification, in the context of the authorising stays in France has been timeframe will be between three and five coronavirus-related enhanced extended for 90 days (order No. 2020- months depending on the number of indemnification scheme. 328 of 25 March 2020). redundancies envisaged. Failure to comply with consultation requirements is More generally, there is very strong In limited cases (particularly the transport a criminal offence punishable by a fine, pressure from governmental authorities of goods), foreign nationals with a short- both for the legal entity and the individual not to make employees redundant during term visa may be authorised to enter responsible for conducting the this period, especially for the companies France. consultation process. that were granted subsidies from the State in the context of the above- All travellers are required to fill out and Works councils or trade unions cannot mentioned indemnification scheme. carry with them travel certificates (known impose restrictions on restructuring but as 'exempted movement certificates') can pressure the employer not to start according to their situation. such a process and threaten to make it public, which would create a reputational Inbound travel A recent law makes entry to French risk. territory for individuals who have travelled during the previous month to an area As part of the implementation of the The Labour Administration has to where infection is circulating (the list will emergency health situation in France, approve the proposed social plan for be specified by an executive order) restrictions have been placed on entering redundancies eventually (for companies subject to quarantine (for an initial period Metropolitan France and its territorial with 50+ employees envisaging ten or of up to 14 days, which may be renewed communities. The restrictions will remain more redundancies). The Government up to a maximum of one month). until at least 15 June. issued guidance to the administration to be very strict in their examination of the Outbound travel employer’s case, which could likely lead European Union citizens, and nationals from the United Kingdom, Iceland, to a rejection of the employer’s The exemption on the prohibition on application. Liechtenstein, Norway, Andorra, Monaco and Switzerland, their spouses and movement described above, include the children can return to France, as well as right to travel between home and place(s) In the current context, there are only citizens of the Holy See and San Marino, of work and business trips that cannot be restrictions on restructuring when their spouses and children, if they are postponed. If they meet these conditions, employers renew their initial request to French residents or if they are travelling trips outside France may theoretically be get their employees’ wages partly paid by through France to return to their considered. the State. If a renewal request is made, residence. Foreign nationals with a valid employers may be requested to commit residence permit, including a long-stay to retain employees whose wages were paid by the State for a certain period of
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However, the risk of having to justify the texts (suspension of measures; impossibility of postponing the trip, the simplification; adjustments; provisional immigration restrictions that exist in many rules and deadline extensions) and is due countries against individuals who have to continue in the coming days. recently resided in France, the possible difficulty in being readmitted to the Exceptionally, companies can defer all or national territory after a stay in a foreign part of the payment of social contributions country and the virtual absence of and taxes for up to three months without transport (planes, trains) may constitute a penalty. significant practical obstacle. Back to top
The Labour Code prohibits discrimination on the basis of health status. This prohibition obviously applies to people Guillaume Bordier with coronavirus. France Capstan Avocats [email protected]
An infection that occurs during work (in the workplace, during a work trip or assignment, etc.) is potentially an accident at work (‘AT’). In case of doubt, you must declare an AT to the health insurance administration (Caisse Primaire d’Assurances Maladie, ‘CPAM’) as a precautionary measure within 48 hours of becoming aware of it, as far as possible.
Jean-Benoit Cottin France Parliament passed an emergency law Capstan Avocats authorising the Government to take [email protected] measures without a vote in Parliament (‘ordinance’). The Government has already issued an important series of
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with the statutory health standards. Other general advice is listed below. Generally, two clear principles apply: Germany For many food and hospitality Send sick employees home immediately businesses, precautionary lockdowns • Where there is doubt whether the and notify the authorities and any Last updated: have been ordered by the health and minimum physical distance of 1.5 potential contacts. Consider a (partial) 8/5/2020 safety authorities. Meanwhile retailers meters can be observed, face masks closure to preempt authority-mandated full closures. were allowed to open their businesses covering the wearer’s mouth and under strict hygiene rules (including nose must be provided to and worn wearing face-masks). While there is no Draw up emergency action plans, general lockdown, Germany has issued a by employees. including communications to employees ‘soft’ lockdown, generally prohibiting • Employees with breathing symptoms to avoid spreading panic. A single case of gatherings of more than two people or with an elevated temperature infection does not entitle all other outside of those living in one household should not be allowed on work employees to refuse work and still be or family, some federal states allow premises. Employers must establish paid. You have a duty to inform gatherings of more people. Where employees about risks of infection and a procedure (such as in an infection possible, a physical distance of 1.5 illness, especially if there are concrete meters must be observed between emergency plan) for managing any risk indications. people. Face masks must be used on suspicious cases. public transport. Given the federalist In an ‘unforeseeable emergency’, structure of Germany, the steadily Measures such as ramping up hygiene employees are obliged to work overtime progressing developments of the levels, cancelling unnecessary personal based on their general duty of loyalty. coronavirus situation and corresponding meetings and restrictions on business restrictions on daily life ongoing changes travels should be considered as well as External visitors should be asked about should be subject to an ongoing diligent re-arranging of workplaces in order to potential risk factors, and this should be review. observe the set physical distance of 1.5 communicated to employees to create an meters. Where necessary the installation atmosphere of managed risk. of (transparent) dividers (especially in places frequented by the public), working Employees must inform you if they are from home etc. should be considered. infected or have recently travelled to a In a highly contagious pandemic context, high-risk area based on their duty to you cannot rely on ‘general’ prevention Please note that occupational health and prevent damage to you and their measures taken previously. The German safety generally depends of the specific colleagues. This includes providing Federal Ministry of Labour and Social situation and circumstances of the information about close relatives or other Affairs (Bundesministerium für Arbeit und individual business. Therefore, there is no contacts who are ill or about private trips Soziales) has adopted a SARS-CoV-2 ‘one size fits all’ solution. Rather, relevant to official risk areas. An employee would Occupational Safety and Health Standard occupational health and safety measures be in breach of their contract and risk (‘SARS-CoV-2-Arbeitsschutzstandard’) need to be assessed and implemented severe consequences (from contractual which set out feasible guidance on on a case-by-case basis considering sanctions to damage claims) if they do potential measures that employers can each business’s individual situation. not tell you they are infected. implement in order to ensure compliance
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You cannot force an employee to get specific reasons (e.g. concerns that are only order employees to work from tested for coronavirus. not specific to the employer’s another place (home or other) if their circumstances) do not justify general data contracts or applicable collective Follow governmental advice, especially collecting or processing. agreements allow it. any updates from the Federal Ministry of Health (and by extension, the Robert Where health data is collected and/or Sickness and quarantine pay Koch Institute). processed, this data must further be separately protected by organisational Employees are generally entitled to six and technical measures, in particular to weeks’ sickness payments from their prevent any potential misuse. employer, after that they may be entitled to statutory payments. Contracts may Protecting privacy Tracing apps specify longer sickness payments. These payments would only be in doubt where the employee is at fault, for example, Sensitive personal data (particularly Employers have no legal basis to force having intentionally travelled to a known health data) of employees is regularly employees to install any tracing app, as risk area without a good reason. If you collected and processed when dealing less intrusive measures can be taken to send an employee home as a precaution, with a pandemic, particularly in detect infections and assess risks. The you must continue to pay them. connection with prevention measures or introduction of an app may only be further education and protection implemented on a voluntary (mutual measures in the event of infection. agreement) basis. The authorities can issue employment bans or order the observation or quarantine of certain individuals. However, the collection and processing of Employees will not be entitled to employees’ health data is subject to strict continued pay for bans based on a mere pre-conditions and is generally only If employees cannot work because of an suspicion of illness. allowed where collection and processing unforeseeable ‘care emergency’, they is necessary for the employer to fulfil its have a right to paid time off work under Employees with coronavirus or confined statutory obligations. In practice, the statutory law. However, claims for to quarantine may be entitled to statutory question of whether this data may be continued payment of wages may be compensation. This will depend on a collected and processed or not is subject restricted by the employment contract or number of factors. to a proportionality test, taking into collective agreements. If an employee’s account the specific health risks for the child is ill and requires care, they may employer’s workforce and the degree to have a statutory claim for continued Temporary pay support which the data is necessary for the payment of wages for up to ten days, employer to take proper action against again unless this is expressly excluded or Germany has amended a government those risks. For example, before a regulated differently, for example in the support scheme in the light of medical examination is offered and employment contract. coronavirus. Under the short-time carried out, the employer will first be working scheme, employers must find a required to carry out a survey to identify Fear of infection does not entitle legal basis to reduce their employees’ any infected contacts. Minor and non- employees not to come to work. You can working time (e.g. works agreements or amendments to the employment contract)
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up to a maximum of zero working, which labour are common strategies. These are triggers a corresponding reduction in typically implemented by mutual salary. Employers can then file for state agreement with employees. Employees cannot generally refuse to benefits which cover roughly two thirds of work (and by extension, travel for work) the net loss in salary for the employees. Restructuring because of a fear of infectious diseases. The scheme is limited to staff fully However, you must exercise your duty of insured in the German social security Employers can envisage restructuring. care and not instruct employees to take system. business trips that are unreasonably General restrictions regarding unsafe. You cannot prevent private travel, restructurings apply if the company has but can ask about travel to risk areas and committed to restrictions in collective or take appropriate measures based on the individual agreements. response. Reduction of activity Specific restrictions also apply if the If necessary, you can decide to shut company has introduced short-time work for all or part of its workforce due to a down operations or only keep certain Employees may not be discriminated ‘temporary reduction of working time’. departments open. In this case, against simply because they belong to a Staff reductions are still possible, but employees are entitled to salary specific nationality or ethnicity which, for must be based on a different business payments if they cannot work remotely. example, is associated with one of the decision and objective. Consider making use of holidays, known risk regions. Normal rules apply. flexitime accounts or short-term work to mitigate the effects of such a closure. In Works councils and unions can request a general, employers cannot require freeze on staff reductions in the course of employees to agree to a reduction in negotiating other crisis measures (e.g. working hours and salary. short-time work) and make this binding in Coronavirus infection triggers an the context of a collective agreement. If obligation on you to notify the authorities. Employers affected by authority closure these restrictions were agreed with the Medical staff and heads of community orders or by pandemic-related supply company, works councils and unions can bodies must also report any infectious bottlenecks or declines in demand must enforce them. diseases. These statutory reporting investigate methods to deal with the obligations justify the processing of burden of not being able to employ staff A workforce reduction will take three to employee health data, although normal but having to pay their wages. As a six months, in some cases up to nine or data protection principles apply. result, many employers make use of a 12 months if employee representatives government benefit scheme simplified in take all possible measures to delay the the light of coronavirus: short-time process. working (see 4 above). In addition delaying salary payout dates and pay Improper consultation may have an increases, and attempting to lease out impact on the validity of terminations and unutilised staff to industries in need of may lead to individual entitlement to compensation.
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operations again as the business need requires. The crisis measures taken now should allow for such a flexible return to Crisis legislation outside of new state business as usual. benefit scheme (see 4 above) includes a relaxation of the requirement to file for Back to top bankruptcy, emergency benefits and loans, benefits for small businesses, and credit debt deferrals. As court hearings are postponed or cancelled altogether, it is becoming more and more difficult to enforce legal positions unilaterally.
Due to the current fear of infection, many normal processes are currently delayed or do not function properly. Works councils no longer meet to take resolutions (or meet digitally, which calls into question the validity of their resolutions). Conciliation bodies no longer convene. Court hearings are postponed or cancelled altogether, making it increasingly difficult to unilaterally enforce measures during a crisis. Employers are well advised to take into consideration a good relationship with their employee representatives at this time.
You should take this situation as an opportunity to make sure your crisis Till Hoffmann Remy preparation plans are updated, and that Germany arrangements exist to allow you to react Kliemt.HR Lawyers flexibly to this type of event in future to [email protected] minimise business impact. Furthermore, with a view to a coming economy upturn, a plan should be put in place to scale up
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prescribed overtime limits of their enclosed spaces, the use of masks is employees may employ them overtime obligatory for everyone. Businesses must Greece Schools in Greece are currently closed without the relevant approval of the display the number of people allowed in and mass assemblies are prohibited. Ministry of Labour and Social Affairs. the premises at a time. A customer per Last updated: Services for religious worship of any 15 M2 is recommended in all food stores, 8/5/2020 religion are also suspended and are The government has temporarily banned a distance of 2 meters between expected to resume on 17 May. seasonal tourist accommodation and the customers and queues of no more than Churches remain open for individual Ministry of Tourism has announced that five people. Also, a certain number of prayer only. only one hotel will operate per regional customers is allowed per square metre: unit. It is anticipated seasonal hotel for 20 M2, four people. The suspension of commercial and other activity will resume after year-round activities is being gradually lifted. On 4 hotels, see above. Violating these measures is subject to an May retail stores (selling computers, administrative fine of at least EUR 150, telecommunications and sports EUR 1,000 for businesses, imposed by equipment, books/newspapers, flowers the competent authority. and optical stores) as well as As businesses gradually reopen, If you employ workers who have hairdressing, beauty salons and technical employees will be required to resume coronavirus symptoms or have been service of vehicles (KTEO) have work and employers will have to withdraw exposed to family members with gradually started operating again. On 11 the suspension of a certain percentage of symptoms reported by the National Public May, other retail stores, as well as open their employees, see 5 below. markets, driving schools, zoos, parks and Health Organisation (EODY) you must archaeological museums will reopen. recommend they remain at home, and To prevent the spread of the virus, the accept that they refrain from their work following rules apply: Malls, restaurants, cafes, hotels operating duties as soon as you becomes aware of all year round, cinemas and other this to protect the worker’s health, that of • mandatory use of a mask, services are still suspended but on 1 his or her colleagues and third parties in June, it is expected that they will be • measures to maintain a maximum the workplace. It is recommended you allowed to resume. ratio of individuals per certain area follow the disinfection guidelines listed on and minimum distance between the EODY’s website (section: 'Guidelines Stores’ operating hours have been them, for the Environmental Cleaning of Non- Sanitary Units Exposed to SARSCoV-2 altered. Retail stores begin operating at • personal hygiene and protection 10 a.m., supermarkets operate from Virus’). measures, 07:00 to 21:00 and hairdressing and beauty salons may extend their operating • special operating rules. You may decide that the work provided hours from 07:00 to 22:00. To cover by an employee on site provided for in his these working hours, the new Legislative Specifically, businesses in general must or her employment contract can be Action (the ‘Law’) states that, for a schedule customer appointments to avoid carried out remotely (teleworking) if this is maximum of six months from the date of overcrowding. Employees (e.g. feasible, providing him or her with the entry into force of the Law, employers employees in hairdressing salons) and necessary equipment. that have already exhausted the legally customers should wear masks. In
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doctor, he or she can examine the employee(s) upon return to work. In any case, the organisation's occupational Special Purpose leave: Parent Protecting privacy doctor keeps a medical record for each employees, in both the public and private employee. The medical record includes sectors are entitled to two weeks’ leave Employers are not generally entitled to an individual Occupational Risk Booklet, until Friday 10 April to take care of their request employees provide detailed which records the results of medical and children during the schools’ suspension. information on all their personal travel, laboratory examinations each time an This leave requires at least one parent to because this falls within the scope of employee is subjected to them. work in the private sector as an employee’s privacy. However, within the employee, even if the other parent is self- framework of protecting employees’ Tracing apps employed. health and with regards to the 14-day mandatory quarantine at home of anyone Under the GDPR and Greek law, systems Employees who have at least three entering Greece, it is reasonable to ask to monitor employees are not permitted. months’ service are entitled to the full employees to inform you if they travel to This applies to tracing apps, when they special leave. New recruits with less than regions considered to be a source of the are installed in order to assess three months' service are entitled to coronavirus outbreak. employees’ professional efficiency. special purpose leave in proportion to Where not needed to protect employees’ their days of normal leave. The special An employee must immediately report all safety and not justified by the nature of purpose leave is for a minimum of four situations that present an immediate and the work and the company’s needs, days, one of which is treated as regular serious risk to their safety and health, to mandatory installment of a tracing app leave (that is, deducted from the help you fulfill your health and safety would severely violate employees’ employee’s total annual allowance) and duties and requirements. There is only a privacy. Employers ability can only the other three are ‘special’ coronavirus general obligation to report, without any monitor employees’ notifications in leave, which is fully remunerated and not more specific detail regarding the exceptional circumstances and only when deducted from regular employee's leave, coronavirus infection. necessary to defend the legitimate but paid two-thirds by the employer and interests of the employer (e.g. criminal one-third by the state. This leave may be You can require a medical check for activity). extended by ministerial decision employees accessing the office, with the depending on the spread of the consent of employees’ representatives or In the exceptional event that an coronavirus. The employer is required to after a meeting with the employees’ installation of an app could be justified by declare employees making use of this Health and Safety Commission (if there is the interests of the company and the leave, and its duration, after 10 April 2020 one). Please note that the employee does not comply with it, the and in any event until 15 April to the representative(s)’ or commission’s employer should provide this particular Ministry of Labour’s ‘ERGANI’ Information decision should be backed up with employee with alternative means and not System. reasons and follow consultation with resort to preventing them from coming to them. Any medical check should comply work, or refuse to pay their salary. with the principles of respect for human dignity and be carried out individually. If the organisation has an occupational
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Sickness and quarantine pay employees of businesses that remain closed by official order will be entitled to a Businesses that are not subject to a second payment. mandatory temporary ban are entitled to Reduction of activity require employees who, for business or For the period an organisation makes use personal reasons, travel to contagious of this measure in exceptional According to the latest rules, employers areas, to stay out of offices or other sites circumstances, it is expressly forbidden to substantially affected by the coronavirus for health and safety reasons. However, terminate the employment contracts of all crisis that have already suspended you must pay employees’ salary for the their staff and any dismissal made on or employees' employment contracts can period that these precautionary measures after 18 March 2020 is invalid. extend this suspension for up to 60% of remain in force. You must also provide all their employees’ contracts for a maximum employees subject to these measures Employers who are subject to, or have period of 30 days and no later than 31 with the suitable means and IT equipment been subject to, a temporary restriction May 2020. Employers may withdraw the (i.e. laptop, mobile phone etc.) to work following a public authority order, must suspension of employment contracts for remotely. Otherwise, employees can submit a statement to the ERGANI at least 40% of their employees, whose reject working from home and request Information System declaring the contracts have already been suspended their usual pay. In this case, you could suspension of their principal business (Legislative Act no. 1483/01-05-2020). suggest employees take paid leave, in activities; workers whose employment These employees cannot be suspended addition to their annual paid leave contracts are suspended; and any again. entitlement. In most cases it is expected employees whose employment contract that employees would consent to has been terminated from 1-20 March Until May 31, these employers cannot temporarily working from home. 2020 either by dismissal or voluntarily. make any staff redundancies so any Employers who fail to declare suspended contract terminations should be regarded Temporary pay support employees cannot benefit from as invalid. The obligation to retain the installments or partial payment facilities of same employees in the same working Employees whose employment contracts any type of certified debt to the state. positions still exists. are suspended, and those who were forced to resign or dismissed after 1 Employees of the employers referred to For employers in the private sector March 2020, regardless of whether they in the previous paragraph must submit an whose operation is suspended by official are eligible for unemployment benefit, are individual statement on an electronic order in May 2020, the suspension of entitled to an exceptional financial platform kept for this purpose by the employment contracts is extended for as allowance of EUR 800 from 15 March to Ministry of Labour and Social Affairs long as their operation suspension is 15 May, with full social security declaring their personal information, bank maintained. These employees are contribution coverage, calculated on their account information (IBAN), and the entitled to a state financial assistance. nominal wages. This is tax-free and details of their employer to be included in cannot be seized or offset. Workers' the special support mechanism. If they Temporary withdrawal of the suspension social security contributions are covered rent a house, they should also provide of the employment contracts is allowed by the state budget. Employees who lease information, as they are exempt for emergencies, urgent, non-deferred return to work after 15 May will not be from the obligation to pay 40% of the total and inelastic needs. entitled to a second payment but rent for March and April 2020.
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During this withdrawal, the employer Employers who are severely affected by must pay employees their contractual the coronavirus outbreak, as well as earnings pro-rated for working days. According to the latest government those whose operation is temporary measures, passengers that travel to banned by Government Mandate are Employees’ working hours may be Greece will be put in quarantine at home entitled to certain special financial temporarily adjusted but the type of for 14 days. Anyone who infringes this arrangements, including suspension of employment contract of the specific measure will be subject to an social security contribution payments for employees must not be changed. administrative fine. Transport of February and March, for three months, passengers by ferry between Greece and without interest and surcharges on During the lockdown, some businesses Italy is suspended. Freight transport affected employees, suspension of substantially affected by coronavirus but between these countries will continue payment of regulated debts to social not suspended by state order, impose a unaffected. Cruise ships are forbidden to security and the suspension of expiration, work rotation system to respond to the dock in all Greek ports. Road, sea and air appearance and payment deadlines from reduced working hours. Others links to Albania and Northern Macedonia, 30 March to 31 May 2020 on securities suggested that employees take their with the exception of freight transport and due for 75 days from the date stated on annual leave and stay at home. entry into the country for Greek nationals each security. Dimitrios Kremalis or residents are closed. The government Greece In the event of the mandatory temporary has cut all air links with Spain. Entry of Back to top Kremalis Law Firm closure in accordance with a Government non-EU citizens is forbidden unless [email protected] Mandate, the employment relationship is travelling for severe family or work- completely suspended, in accordance related reasons. with the Greek Civil Code. This means employees are not obliged to provide work and the employer is not required to
reimburse the salary and the social No specific considerations. security contributions for the period of the ban.
A joint ministerial decision is expected explaining in detail how the new No measures currently in place. measures will be implemented.
Restructuring
Fani Batsila As described above employers can extend the suspension of employees' The operation of courts and prosecutors Greece was from 13 March to 10 April 2020. Most Kremalis Law Firm employment contracts and during this time, termination is not allowed. have now resumed but physical presence [email protected] at hearings is still prohibited.
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funeral; and for a wedding ceremony far as is reasonably practicable, to ensure where there are no more than 50 people the health and safety of all employees at Hong Kong In light of the relatively stable Covid-19 (no food or drink can be served). work. Simple precautions should be taken situation in Hong Kong, a number of the such as requiring employees to wear Last updated: restrictions in the Prevention and Control A Direction issued under the Prevention masks, screening temperature, carrying 8/5/2020 of Disease (Prohibition on Group and Control of Disease (Requirement and out regular disinfecting and cleaning, and Gathering) Regulation have been eased Directions) (Business and Premises) encouraging the regular use of hand from 8 May 2020. This Regulation Regulation of 27 March imposes sanitiser. empowered the Secretary for Food and requirements on all catering premises Health (SFH) to prohibit group gatherings including temperature screening, Generally, employees cannot refuse to of more than four people and a second provision of hand sanitiser and measures return to their place of work, however, direction of the SFH required the closing to ensure social distancing These they may lawfully do so if they reasonably of ‘scheduled premises’, such as requirements commenced on 28 March fear for their health and safety. This may amusement centres, bathhouses, beauty and have been extended to 21 May. be the case where it has been confirmed parlours, bars, nightclubs and massage that another employee contracted the establishments. Contravention of the requirements is virus, but the workplace has not since subject to a maximum fine of HKD 50,000 been professionally cleaned or Group gatherings of up to eight people in and imprisonment for six months. disinfected. public places and catering establishments are currently allowed. Bars, fitness centres, beauty salons, massage establishments and most places of public Throughout the pandemic, the Hong entertainment can resume with some Kong Government has not imposed Protecting privacy restrictions. Bathhouses, party rooms, general restrictions on private sector nightclubs and karaoke lounges are to employees attending work but has No regulation currently compels or remain closed for at least another two suggested that employers should allow prohibits employers from conducting weeks. It has also been announced that employees to work from home where coronavirus testing or from requiring reusable masks will be provided to all possible. Civil servants and government employees’ disclosure of infection status. Hong Kong residents. officials were directed to work from home; Collection, retention and use of this measure has now been lifted. employees’ personal data is subject to Larger exempted group gatherings the Personal Data (Privacy) Ordinance include those: for purposes related to With the easing of restrictions, it is (PDPO). Under the PDPO, employers transportation; for performing any expected that private sector employers should not collect personal data, governmental function; at places of work who have placed employees on work especially health data, more than is for the purposes of work; for providing, from home arrangements will lift these necessary. Whilst the Privacy obtaining or receiving healthcare services arrangements and slowly resume normal Commissioner has acknowledged that at a healthcare facility; of individuals operations. No specific obligations have there is legitimate basis for employers to living in the same household; for been imposed but employers should collect additional data of their employees proceedings in court or in the Legislative remember they are legally required, so to help control the spread of the disease, Council or a District Council; during a
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the collection and processing of or her personal particulars will not be Sickness and quarantine pay employees’ personal data should be considered necessary or proportionate. limited in both duration and scope. Any Employees are entitled to the usual sick data collection must respect the Tracing apps leave and pay provisions in their principles of minimisation, purpose employment contract, which normally specification and use limitation. The The Privacy Commissioner has stated includes any entitlement to statutory Privacy Commissioner emphasised that a that individuals’ location data under sickness allowance. Employees will be self-reporting system is preferred to a quarantine may be collected to enable entitled to receive statutory sickness mandatory system where health data is the government to monitor compliance allowance during their sick leave if they collected indiscriminately. with quarantine and that it is in the public are sick for four or more consecutive interest to do so. If private sector days, the leave is supported by a valid In the current circumstances, it is employers wish to obtain employees’ medical certificate and the employee has generally justifiable for employers to location data by compelling all employees accumulated a sufficient number of paid collect temperature measurements and to install a tracing app, this would likely sickness days. If an employee is put information about coronavirus symptoms be considered excessive and unlawful. under compulsory quarantine, he or she and recent travel history from employees will be issued a medical certificate by the to protect employees’ health. The data Government and the above comment collected must not be used or disclosed regarding sick leave and pay will also for other unrelated purposes, unless apply. express voluntary consent is obtained. You should be flexible and agree to requests for working from home in line Measures taken by employers to collect Temporary state support for pay data should be necessary, appropriate with any usual flexible working and/or homeworking policies where possible. and proportionate, and employers should Under the HKD80 billion Employment Make clear that homeworking does not seek to process the relevant data in an Support Scheme introduced by the create a permanent variation to the anonymised way. Employers must take second tranche of the anti-epidemic fund employee’s terms of employment and all practicable steps (e.g. secure storage, of 18 April (see 9 below), eligible consider reserving the right to require encryption and only allowing authorised employers can receive 50% of their workplace attendance on short notice. personnel access the data) to protect the employee’s wages for six months (with a Give special consideration to requests personal data collected against cap of HKD9,000 per employee per from vulnerable individuals and unauthorised or accidental access, month). All employers who have been employees with dependants who need processing, erasure, loss or use. making Mandatory Provident Fund (MPF) care. contributions or have set up Occupational If an employee has contracted Retirement Schemes (ORSO schemes) Unpaid leave: You can ask employees to coronavirus, the employer may notify for their employees will be eligible unless take unpaid leave for a period of time. other employees and the property they are on the exclusion list (i.e. Employee consent must be obtained. management office, for example, this government employees, statutory bodies should be done without disclosing the and staff employed by outsourced service Annual leave: You can ask employees to employee’s identity. In most contracts to work for Government circumstances, the disclosure of the take their annual leave during this period contracts). The first round of applications identity of an infected employee and his (see below). will be released in May 2020, with
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payments to be made by the end of June Withholding remuneration: If the company entitlements upon termination (this would for the first tranche. The first tranche is has cash flow issues, employers may usually comprise of wages, accrued but expected to cover June to August 2020 seek employees’ consent for a unused annual leave, payment in lieu of wages, and the second tranche, percentage of their monthly remuneration notice, statutory severance (if the September to November 2020 wages. to be 'withheld'. In practice, this would be employee has two or more years of Employers will be expected to distribute carried out as a salary reduction initially service), outstanding expenses and any 100% of the subsidies to their employees and a sum equivalent to the amount other contractual payments). It is fine for and cannot use it to offset other reduced would be repaid by a certain an employer to seek to re-hire the expenses. date in the future once cash flow employees when the situation improves. problems have eased. This could be paid back either through a lump sum payment Employers taking advantage of the or by way of instalments, and this should Employment Support Scheme must be specified in a letter agreement along provide an undertaking not to implement with any other applicable terms. Reduction of activity redundancies during the subsidy period. Employee consent must be obtained, If there is a reduction in the number of otherwise a disgruntled employee may employees on the payroll within the MPF If you close the office or other workplace, claim constructive dismissal and/or and/or ORSO framework during the you may choose to pay employees as unreasonable variation of employment subsidy period, the subsidy will be usual or consider directing employees to terms. The risk of an employee bringing adjusted with clawbacks and other take their statutory annual leave (in this this type of claim applies to all of the penalties. case, 14 days’ advance notice is required alternative suggestions below (except for unless a shorter time has been mutually termination). agreed), contractual annual leave (i.e. above the statutory entitlement) or unpaid Reduction: You can reduce employees’ leave during any period of closure. If you Under current Government guidance, working hours, and remuneration by a differentiate between statutory and from 25 March, non-Hong Kong residents corresponding amount. Again, consent is contractual annual leave, you may direct coming from overseas countries will be required. Any unilateral reduction would the employee to take contractual annual denied entry to Hong Kong; non-Hong be unlawful and would constitute a leave. If no differentiation is made, the Kong residents coming from the criminal offence. 14-day advance notification rule also Mainland, Macao and Taiwan will be applies to contractual annual leave. You denied entry to Hong Kong if they have Restructuring may consider offering employees a been to any overseas countries in the reasonable amount of time off to deal past 14 days; all travellers coming from with unexpected events involving their It is also possible to dismiss an employee the Mainland, Macao and Taiwan, dependants, including an unexpected on the ground of redundancy. No including Hong Kong and non-Hong Kong school or nursery closure. This can be mandatory consultation process is residents, will be subject to a 14-day paid or unpaid. required. There is also no concept of compulsory quarantine; and Hong Kong collective redundancy or unfair dismissal residents arriving in Hong Kong who have Other possible measures include: in Hong Kong. The employer should been to any other overseas countries in ensure that the employee is paid out all the past 14 days will be subject to his or her statutory and contractual
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compulsory quarantine. Compulsory vicariously liable if employees racially already become available and the quarantine will be at designated places, harass colleagues and employers will disbursement of subsidies has begun. A either at home or a hotel, which will be only avoid liability if they can show that second round of the anti-epidemic fund monitored by electronic wristbands and they took ‘all reasonable steps’ to prevent was approved on 18 April. other forms of surveillance such as spot employees behaving in such a manner. checks. The Hong Kong Government announced in February that they would be giving all Employers insisting on employees Hong Kong residents aged 18 and above travelling to areas where the Government a HKD 10,000 cash handout. The details has advised against travel would be in of this are yet to be announced, with the breach of their health and safety duties. There are currently no reporting application process most likely starting in You should carry out risk assessments in requirements placed upon employers in the summer months (at the earliest). relation to employees travelling Hong Kong. However, employers may However, it is unclear when people would elsewhere. If an employee refuses to disclose information collected related to actually receive these payments. travel, in breach of their contract, it might the identity, health and location of an employee to the government or health be possible to take disciplinary action, but before doing so it would be wise to authorities for the purposes of protecting investigate whether the employee has public health. There is still uncertainty about the exact any particular reason for not wanting to characteristics of the coronavirus and its travel. Currently, the Government advice transmission. Official recommendations is to avoid all non-essential travel outside may change, as experts learn more about Hong Kong. the virus and the nature of the outbreak On 21 February, the Hong Kong and other employment issues may arise. government approved the HKD 30 billion Employers should keep the situation anti-epidemic fund, aimed to support and under review, official advice is available Any request not to attend work should be enhance businesses and sectors affected on the websites listed below: related to potential exposure to the virus by the Covid-19 outbreak. The fund and should apply to all staff regardless of covers a wide range of sectors in the Centre for Health Protection – nationality or ethnicity, otherwise this community, including but not limited to: Coronavirus News. could give rise to direct race the Hospital Authority (HKD 4.7B), discrimination claims. Refusing to Transport sector (HKD 3.23B), Retail HKSAR Government Press Releases. approve personal travel to badly affected sector (HKD 5.6B), Property Management sector (HKD 1B), Food areas may indirectly discriminate against Back to top certain employees (e.g. staff of Chinese Business sector (HKD 3.73B) and the Supply of Protective Equipment (HKD Catherine Leung ethnic origin) because it would Hong Kong disproportionately affect them. However, 3.3B). The fund includes multiple schemes that are tailored to each sector, Lewis Silkin Hong Kong any claim is unlikely to succeed given the [email protected] purpose of limiting travel is for health and with the Hospital Authority and Retail safety reasons. Employers can be sector receiving the highest percentage. Applications for these schemes have
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theatres and concerts. Shopping centres You should work out a communication and supermarkets are not affected by this system, set up a hotline and provide Hungary The Hungarian government has declared prohibition. For full details of the employees with key, regularly updated state of emergency due to the novel emergency measures, see here. information on the epidemic and what to Last updated: coronavirus epidemic. Universities, do. Contact the organisation’s doctor to 11/5/2020 schools and nurseries are closed and clear and agree the tasks, such as have moved to remote learning. frequency of medical examinations. As of 4 May, restriction of movement Under the state of emergency, Individuals applies only to Budapest and Pest in mandatory home isolation may not County and their residents. Individuals in leave their home for two weeks and the rest of the country can move freely quarantine violators may be punished without needing a justified purpose for Protecting privacy (the police are authorised to sanction doing so. The minimum distance of 1.5 violations). metres must still be maintained except for In general, measures that do not restrict members of the same household. employee privacy take priority (e.g. In Budapest and Pest County, limited distancing, usage of masks, proper movement is allowed only for justified Outside Budapest and Pest County, all hygiene). purposes, such as work, individual sport stores and service providers may stay activities, buying groceries, taking open without any restrictions on open If someone feels sick, they should call healthcare treatment, religious activities, hours. Bars, restaurants and cafés can and inform you. Immediately order the manicure etc. In practice it does not limit accommodate guests in open air spaces employee to stay away from work and activities. Bars and restaurants are (terraces and gardens). Customers must contact their local GP. If they become closed and only take away and home wear masks and the 1.5-metre distance sick in the workplace, order them to delivery are possible. must be maintained except for customers phone the organisation’s doctor who will arriving as a group. take the necessary treatment measures. In all of Hungary, everyone (except for You should report the case to National members of the same household) must Outdoor baths, museums, zoos, and Epidemic Agency giving the name of the keep a distance of 1.5 meters from others other outdoor recreation areas can doctor who treated or examined the during all times. reopen, while indoor institutions such as affected employee. cinemas or theatres remain closed for Between 09:00 and 12:00, only those now. You can require employees to report if aged 65 and over may shop at grocery they are experiencing any symptoms or stores, drugstores, markets and Under the Labour Code, all employees whether they have taken trips to infected pharmacies. Everyone below 65 must must fully cooperate and comply with all countries or been in contact with an visit these stores at other times. requirements and instructions you give to infected person or with someone who has protect their health. Where it is possible, arrived from a high-risk country, even if All indoor and outdoor events, regardless Most employers, are currently allowing they have no symptoms. An employee of participants are prohibited (except for remote working (‘home office’) during the cannot refuse to tell you if they are weddings and burials), effectively current emergency. infected. resulting in the closure of cinemas,
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You can require an employee to go for Government app used for the purpose of the maximum wage subsidy depends examination from the organisation’s enforcing home quarantine, with the partly on the lost working time and partly doctor, who will decide the next step: quarantined person’s consent. on twice the net minimum wage, acting on this is mandatory for you and therefore the maximum wage subsidy the employee. available is approximately EUR 321 per employee. The fact that there has been an infection Sickness and quarantine pay can be disclosed to other employees, If the reduced working hours exceed half without disclosing the identity of the If a person is declared sick by his or her of the previous working hours, the infected individual. GP, they will be entitled to sick leave pay. employer and employee must agree on It is paid by the employer for the first 15 ‘individual development time’, during Reporting on sensitive personal health days and thereafter by the national which the employee is exempted from information and healthcare falls under the healthcare fund. work and shall partake in the employer’s legally regulated special professional trainings. The employee is entitled to his secrecy obligation. There is no GDPR A person without symptoms may be or her wage for the individual issue as the employees themselves quarantined. If they are sick, they will be development time. report their status, and the employer will treated in hospital. only call the contracted organisation The employer cannot order extraordinary doctor if there is any suspicion. They If employees are ordered to stay away working hours (overtime) for the should not share any sensitive personal from work by you as a precaution, they supported employees and cannot dismiss information with you and only warn you if are entitled to their wages. If they are the employee in question during the extra measures or closure is needed. quarantined by order of authorities or period of wage subsidy and 30 days after. should stay at home because of a According to the Hungarian Data declared epidemic, their absence from Unfortunately, the employer must credibly Protection Authority (HDPA), it is unlawful work is justified, but will be unpaid. Of prove it is in the ‘interest of national to subject employees to temperature course, you can choose to pay the economy’ to retain employees to qualify measurements (or any other tests) if affected employees’ salary, even if not for the subsidy. This is not defined and is there is no suspicion of infection, and legally obliged to do so. an entirely subjective term. There is no measurements may only be taken by right to appeal the government office healthcare workers. Employers may also Temporary pay support decision. not request medical certificates or history. The Government has announced a wage Tracing apps subsidy for reduced working time employment during the emergency, with Location tracing applications are significant changes made to the subsidy considered an unnecessary intrusion into on 29 April 2020. The wage subsidy may temployees’ private life, therefore they be requested if the reduced working time cannot be compelled to install tracing reaches at least 25% and at most 85% of apps. Currently, the only tracing app used the previous working time. The amount of in context of the coronavirus is the
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invoke force majeure if your operation is feel sick. Your contracted doctor should affected directly by force majeure and put report if they find a suspicious case. employees on unpaid leave. Reduction of activity If a case is identified in the workplace or Restructuring among the employees, you should report Where possible for your business, you it to the National Epidemic Agency, giving can order employees to work from home No changes have been made to details of the doctor(s) who treated or at any time for a temporary period. downsizing or restructuring proceedings examined the affected employee. in the context of the coronavirus crisis. As Anyone who feels sick or experiences a result, employers can only initiate a symptoms should notify their local GP ‘collective redundancy’ procedure as set who will advise them what to do, whether out in the Labour Code. to stay at home and for how long. In a On 29 March, with the effect from 30 serious case when hospital treatment is March, the government has emergency necessary, the doctor will arrange powers that are unprecedented in emergency service to take the patient to Only Hungarian nationals (EU nationals Europe. The new law practically allows a special hospital. with a permanent permit are treated as the government to rule by decree for an Hungarian nationals) may enter Hungary indefinite period of time. It also allows the You can decide to close your business at in civilian traffic, transportation of goods government wider freedom, by allowing any time even if there is no declared is not restricted. Border inspections have emergency decrees to go beyond what is epidemic situation. If you do, employees been reinstated on the Schengen listed in the Disaster Relief Act. must be paid. The government can also borders. Arrivals from abroad must go order closure, and in that case the through a medical examination. If there is The Coronavirus Act also introduces a employees may be put on unpaid leave. a suspicion of infection, the arrivals are number of other changes to the put into quarantine (hospital) until further constitutional order of the country: Alternatively, employers may suspend notice, and in a lack of suspicion arrivals payment of cafeteria, postpone pay are put into mandatory home isolation • The government will be allowed to raises or payment of bonuses. They can (quarantine) for two weeks. also reduce their activity, using temporary suspend the application of certain lay-off measures, and reduce working laws by decree if necessary and hours and wages with employees’ proportional to protect citizens' agreement. The employer can apply for health, life, property, rights, and to the wage subsidy described above, Any form of discrimination is prohibited. secure the stability of the economy however, granting of the request cannot in connection with the pandemic. be guaranteed. • The Constitutional Court is to remain Employers can send employees for the operational during the state of Employees should report to the GP if they emergency but can hold meetings majority of their annual holiday or dismiss return from an epidemic area or if they employees for operational reasons using electronic means of without their consent. It is possible to communication.
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No local or national elections or Since 18 March in the following sectors referendums can be held until the employers need not pay contributions for • end of the state of emergency. their employees, and employees’ contributions are also significantly • Elections and referendums already reduced (they need not pay pension scheduled will take place after the contributions and health insurance special legal order ends. Municipal contribution is reduced to the minimum councils dissolved during the state of set by law) until 30 June 2020: emergency stay in place until the end of the special legal order. • tourism;
Courts cannot be visited: court • hospitality (e.g. restaurants and proceedings continue with hearings and hotels); trials held electronically. • entertainment, film and live Some economic measures have also performers; been introduced. State-financed childcare benefits (‘GYES’ and ‘GYED’) which • gambling; would expire during the state of emergency have been extended to last • sport and cultural services; until after the emergency ends, however, no further employee support has been • event coordination. announced yet. In the sectors listed above, lease For businesses, the deadline for filing agreements may not be terminated and financial statements and tax returns for rent cannot be raised during this period. most types of taxes has been extended from 31 May to 30 September 2020. The Taxi drivers are exempted from tax mandate of executive officers, auditors, payment under the ‘small entrepreneurs’ etc. have also been extended until 30 tax. days after the end of the emergency. Companies can reduce their pre-tax The tourism sector is also exempted from profit, and as a result their corporate tax paying the tourism development by retaining and transferring earnings to contribution. Marianna Csabai their development reserve, provided that Hungary it remains in reserve on the last day of Back to top CLV Partners the tax year. This option is available for [email protected] the tax years during the emergency and the preceding year, in this case 2019.
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All vehicles and machinery entering the premises should be disinfected by spray India The Indian Government has mandated a The Government has allowed certain immediately. Mandatory thermal scanning nationwide lockdown till 17 May 2020. establishments to operate even during of everyone entering and exiting the Last updated: the lockdown period. In this regard, the workplace must be introduced. 11/5/2020 In all the states of India, all educational Government has issued a Standard institutions have been closed till 31 May Operating Procedure (SOP) to be Medical insurance for the workers to be 2020. In the southern states of Kerala implemented by offices, workplace, mandatory. and Karnataka, all educational institutions factories and establishments following have been shut for an indefinite period. their return to work. The measures Employers must provide handwash and Schools are also being extensively provided in the SOP include the following: sanitiser preferably with touch free sanitised and fumigated. An increasing mechanisms at all entry and exit points number of companies have asked All areas in the premises including the and common areas. employees to work from home if the following must be disinfected completely nature of their work permits it. using user friendly disinfectant mediums: Workplaces must introduce a gap of one hour between shifts and stagger the staff There have been instances where access • entrance gate of building, office, etc.; lunchbreaks, to ensure social distancing. to entire office buildings has been closed as an individual working in the building • cafeteria and canteens; Seating must be at least six feet away was infected with coronavirus. from others on job sites and at • meeting rooms, conference gatherings, meetings and training States in India have identified certain halls/open areas sessions. Large gatherings or meetings areas as ‘containment zones’ in view of available/verandas/site entrance of ten or more people should be the high number of coronavirus cases. No gates, bunkers, portacabins, discouraged. industrial or commercial activities are buildings, etc.; permitted to be undertaken in Employees are required to wear ‘containment zones’ and movement of • washrooms, toilets, sinks, water facemasks and other protective gear people is extremely restricted. points, etc.; (e.g., gloves where required). Not more than two to four individuals The remaining areas have been • walls/other surfaces. categorised as ‘Red’, ‘Orange’ and (depending on size) will be allowed to ‘Green’ zones, depending on the number travel in lifts or hoists. Use of staircased During the lockdown period, employers (rather than lifts) should be encouraged. of coronavirus cases. Business activities must arrange transportation for have been permitted to commence in employees, without any depending on the ‘Green’ and ‘Orange’ zones, subject to public transport system. These vehicles There should be strict ban of tobacco and conditions such as social distancing, should be allowed to work only with 30- tobacco products and spitting should be reduced workforce, staggered timings, 40% passenger capacity. strictly prohibited. etc. There should be total ban on non- essential visitors on the site.
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A list of hospitals/clinics in nearby areas While an employee could refuse to tell Practically, employers are being which are authorised to treat coronavirus you whether or not they are infected, considerate and are extending the benefit patients should be identified and the list given the current extraordinary of paid sick leave to employees who test should be available at workplace all the circumstances, this refusal could be positive for coronavirus. times. considered as putting the safety and wellbeing of colleagues at risk and you If any employee exhibits any signs of would have a justifiable cause to take coronavirus, he or she should action against the employee. If there is a immediately be quarantined until he or legitimate reason to suspect that an she can be sent to a hospital to be tested employee is infected, you can compel the The Government of India as well as and treated in accordance with the employee to undergo a medical various State Governments (for instance, Government guidelines. The home examination (including by a company the State of Maharashtra and State of quarantine period is 14 days from the day doctor). Haryana) have issued advisories for of contact with a confirmed case or earlier employers which specify that they should if a suspect case (of whom the index Tracing apps not terminate the services of any person is a contact) tests negative for employees or contractual workers or reduce their salaries during the period of coronavirus. You should also advise The Government introduced a tracing lockdown (which is currently in force until other employees with whom the infected app, ‘Arogya Setu’, on 3 April 2020 as 17 May 2020). employee may have come in contact to one of the measures to fight coronavirus. self-quarantine for a period of 14 days A recent Government order seems to and get medically tested for COVID-19. suggest that employers are required to We do not anticipate any restrictions The Government home quarantine ensure that every employee downloads being imposed on employers regarding guidelines are available here. the app (this order has been challenged any future restructuring exercises. in the High Court of Kerala). Employers may opt for either temporary
As there are concerns related to privacy, lay-off or termination on account of employers should be cautious in requiring redundancy, as part of downsizing or restructuring. In a layoff situation, the Protecting privacy employees to use the app. In the event an employee refuses to use the app, in employer is required to pay 50% salary to the employee. In case of redundancy, You can ask an employee whether they our view, this would not be sufficient reason for an employer to refuse access certain categories of employees are are infected or whether they have entitled to severance payments. travelled to a high-risk area recently as to office and stop payment of salary. employers are responsible for ensuring In certain situations, a reduction in all employees’ health and safety. If an workforce may require prior Government employee answers yes to either of the approval. questions, you must undertake preventive The state of Karnataka requires measures to ensure the wellbeing of all employers to provide for an additional 28 other employees. days of paid sick leave to any employee who is tested positive for coronavirus.
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Generally, there is no requirement for Visas of all foreign nationals already in consultation with employees for India remain valid. In the event the visa undertaking a restructuring exercise. If held by a foreign national expires during there is a trade union representing the this period, he or she may contact the Except for the elements of the SOP which employees, the employer is required to nearest Foreigners Regional Registration have been discussed above, there are no consult the trade union. In the absence of Office on the Covid-19 helpline number additional measures which significantly consultation with recognised trade (011-24300666) for an extension. Visa- affect businesses. unions, they may raise a dispute that the free travel for OCI cardholders is reduction in workforce was illegal. currently suspended. However, there is no potential criminal liability in the event trade unions are not The Government has issued an order consulted. dated 5 May 2020 for movement of Indian • The State of Karnataka has nationals stranded outside the country introduced a measure requiring businesses to electronically submit a and has also issued a Standard Operating Protocol which can be self-declaration that they are accessed here. compliant with the SOP. The Government suspended international flights from 20 March 2020 and domestic • The State of Haryana has introduced flights with effect from 25 March 2020, a requirement for all businesses to respectively. Further, the Government install CCTV cameras which will Vijay Ravi had ordered that all passengers with a An employer should ensure that its sufficiently cover the entire work India travel history to or from China, Hong conduct is not discriminatory towards any floor (to confirm that social Kochhar & Co Kong, Republic of Korea, Japan, Italy, employee. distancing requirements are being [email protected] Thailand, Singapore, Iran, Malaysia, respected). France, Spain and Germany should
undergo self-imposed quarantine for a period of 14 days from the date of their arrival in India and their employers are If an individual exhibits any signs of Back to top advised to facilitate work from home coronavirus, he or she should during this period. immediately report to the nearest hospital and contact the Ministry of Health & Family Welfare 24*7 helpline number All existing visas issued to nationals of (+91-11-23978046). Please note that any country who had not yet entered Indian data privacy laws permit disclosure India except those issued to diplomats, of sensitive personal information to official passport holders, those in the UN government authorities. Sabrina Sawhney or international organisations, individuals India on Employment, Project visas and those Kochhar & Co who are operating aircrew of scheduled [email protected] commercial airlines are suspended.
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• updating current health and safety basis. For instance, they may be worried plans and safety statements; about using public transport or Ireland Ireland is still in lockdown, but dates have government/healthcare guidance may still been set for the gradual re-opening of • completing an online or onsite advise that people should stay home Last updated: businesses and relaxing of restrictions. coronavirus induction for all where possible. Disciplining an employee 11/5/2020 Currently, everyone who can, must work employees; in those circumstances is likely to be from home. People must stay at home deemed to be unreasonable, in particular unless they are working in an essential • completing an employee-specific in the early stages of re-opening and service and need to go to work, for coronavirus questionnaire/self- where it’s possible for the work to be medical reasons, for vital family reasons declaration to be submitted to the done remotely. or for brief physical exercise. Food retail employer two days in advance of outlets have been permitted to remain returning to work; open but have had to implement strict social distancing measures. • advising employees with coronavirus symptoms, or exposure to a Protecting privacy confirmed case, to stay at home and not come to work; There are important considerations which The ‘Roadmap’ to re-open society and should be taken into account when business which was announced last • implementing a procedure for handling personal data in regard to health weekend will commence from Monday 18 responding to suspected coronavirus information, given that it is sensitive May 2020. It sets out five phases for cases in the workplace; and personal data. Overall, our data easing restrictions at three-week protection authorities would likely view intervals. Each phase consists of a • nominating one management any proposal to carry out health number of areas of progress under employee and a worker/trade union screening/tracking as a very stringent headings which include Community representative in each workplace to requirement, and would require strong Health, Education and Childcare, ensure all the necessary guidelines justification based on necessity and Economic Activity & Work, Retail, Service outlined in the protocol are being proportionality and also an assessment of & Commercial Activity, Cultural & Social, maintained. risk. Such a practice would be difficult to and Transport & Travel. justify when this practice is in relation to There is no current guidance in regard to sensitive personal data, and it’s not While it is recommended that remote mask-wearing, or testing of employees, currently recommended by either the working continues for all that can do so, a so it is recommended that employers look Health Services Executive (HSE) or the protocol is being devised by employer for less invasive ways of protecting health Health and Safety Authority (HSA). bodies, unions and government to ensure and safety of employees who cannot the safe return to work for businesses as work from home and must come to the restrictions are lifted. It is expected that workplace. the protocol will include the following steps: If any employees refuse to come to work, this should be dealt with on an individual
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Any risk assessment would have to take someone will have been in contact with may be entitled to apply to the into consideration specific organisational someone who has been infected, but if Department of Employment Affairs and factors, such as whether staff had travel the employee is otherwise well, then Social Protection immediately for duties, the presence of vulnerable there’s no reason to prevent them from enhanced illness benefit of EUR 350 per persons in the workplace, and any coming to work. If an employee is week. This is paid for a maximum period directions or guidance of the public health prevented from coming to work, salary of two weeks where an employee is authorities. It’s most likely that employers could not be stopped if they were well, medically required to self-isolate due to will have to show whether they had and willing/available to work but couldn’t suspected coronavirus infection or the full considered whether any less invasive because the employer was preventing duration of absence from work following a measures would be sufficient, which, for them. Also, any employee who was confirmed diagnosis of coronavirus. The many employers, probably would. advised on foot of the App to stay in enhanced illness benefit is only paid to quarantine for two weeks should continue those who remain confined to their home If any employer decided to proceed with to be paid if they can continue to work. If or a medical facility. screening/tracking, notwithstanding the the work cannot be done remotely, the risk, then a data protection impact situation should be considered on a case- Employees who self-isolate may be able assessment would also be required, to by-case basis by the employer. Where to work remotely and should be paid record why the measure is necessary for possible, employees should continue to where they do so. If not, and where the the specific workplace (and why other be paid, as otherwise they might not isolation is imposed by you, the employee less invasive measures are not disclose that they’ve been advised to should continue to be paid to reduce the sufficient). quarantine, and come to work, thereby risk of a claim. risking the health and safety of their Tracing apps colleagues. Employees who have lost their job, been temporarily laid off or been asked to stay It’s unlikely that any employer could at home without pay may be entitled to discipline/dismiss an employee who apply for the COVID-19 Pandemic Unemployment Payment. The payment refused to download an Contact Tracing There is no statutory entitlement to pay if is paid at a flat rate of EUR 350 for the App, if that employer was otherwise an employee is absent from work. If an implementing proper measures to protect employee is off sick with coronavirus, or duration of the pandemic emergency. . the health and safety of staff, unless the with symptoms of coronavirus, they are employee couldn’t continue to work from entitled to sick leave and pay as set out in Short Time Work Support is available for home, and there were no other ways to their employment contract or sickness employees who had their hours of work reduce the risk of infection in the absence policy. If employees are not reduced from full-time to part-time so that workplace. entitled to sick pay and are not entitled to they are working three days per week or receive other emergency unemployment less having previously worked five days. It would also be advisable to ask an benefits, you may consider paying it on a The rate of pay depends on the employee to confirm if they were notified discretionary basis if your workplace employee’s average weekly earnings, but by the contact tracing app that they’d remains open, otherwise employees may they may receive up to EUR 81.20 net been in contact with someone who was try to work while sick and risk spreading per week. infected, rather than make it a mandatory coronavirus. Employees without sick pay requirement. There is every chance that
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Employers have been encouraged to If lay-offs occur or you impose short-time plus a bonus week. A week’s pay is retain employees on payroll where working, you must explain the reason for capped at EUR 600. possible and the government has set up them in advance and keep employees the Temporary COVID-19 Wage Subsidy informed. If no express provisions permit There are various procedural Scheme for employers in all sectors who lay-offs or short-time working, you may requirements which should be followed in are experiencing negative economic also rely on custom and practice to any redundancy situation e.g. disruption due to coronavirus. The impose lay-offs or short-time working. If consultation with effected employees. scheme is confined to employees who this is not possible, you need to obtain These requirements become even more were on the employer’s payroll as at 29 the express agreement of employees to stringent and prescriptive in the case of February 2020, and for whom a payroll the proposed layoffs or short-time collective redundancy. submission has already been made to working. Under normal circumstances, Revenue in the period from 1 February employees who have been on layoff for
2020 to 15 March 2020. The scheme is four weeks are entitled to trigger a currently in its operative phase and the redundancy and seek a statutory subsidies available are calculated redundancy payment from the employer. The Department of Foreign Affairs and depending on the employees earnings in However, this has changed under our HSE have implemented multiple travel January/February 2020, and capped at emergency legislation so that employees restrictions in and out of Ireland. People between EUR 350-410 per week. cannot trigger a redundancy during the returning to Ireland have been requested Employers who can afford to, are being emergency period (ie before mid-June). to restrict their movements for 14 days. encouraged to top up the subsidy as There is a nationwide restriction on travel outside of five kilometres from your home much as possible. Alternative options can also be explored. and social gatherings or visits are not Many employees are agreeing to take permitted. some or all of their annual leave within a specified period. Others are agreeing periods of unpaid leave. Reduction of activity Restructuring Any request you make for employees to If you need to temporarily cease business stay away from work should be based on activity, you may be able to put If it is not sustainable to keep employees relevant guidance and should apply to all employees on temporary lay-off and on layoff or short-time, you may need to employees, regardless of nationality or cease pay. Alternatively, if there is a consider redundancies. Redundancy ethnicity. Preventing travel to infected reduction in work but still some level of occurs if the role ceases to exist. This areas (where travel restrictions are not in business activity you may impose short- can arise if the role is no longer required place) may indirectly discriminate against time working and reduce pay. The due to a significant downturn in business certain employees, so you need to employment contract must provide for or a restructuring situation. If an ensure it is a proportionate means of lay-off or short-time and provide that employee has at least 104 weeks’ achieving a legitimate aim. Protecting layoff will be unpaid for an employer to be continuous employment with an employee health and safety would be a able to cease pay. employer, they are entitled to a statutory legitimate aim, but an absolute travel ban redundancy payment. This is calculated might be disproportionate. as two weeks’ pay per year of service
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Asking employees who have recently making capital available to medium travelled to infected areas not to attend and large enterprises; work might be indirectly discriminatory if it affects more employees of one ethnicity • EUR 2 billion Credit Guarantee Scheme supporting lending to than others. However, this would likely be small and medium enterprises justified as a proportionate means of which will be below market interest achieving a legitimate aim. rates;
• ‘warehousing’ of tax liabilities for a period of twelve months after If you become aware of a suspected recommencement of trading during coronavirus case, there is no positive which time there will be no debt obligation on you to report it. The HSE enforcement action taken by advises employers to tell employees to Revenue and no interest charged phone their doctor to seek advice. in respect of the warehoused debt; • working with the Banking and Payments Federation of Ireland to introduce flexible repayment arrangements for mortgage / In addition to the emergency legislation security holders including the which put in place the restrictions possibility of a payment break or included in 1 above, the Irish government deferral of repayments for up to six has also signed off on a package of new months. supports and measures to help businesses reopen as coronavirus Back to top restrictions are slowly lifted. These include:
• EUR 10,000 Restart Fund for micro and small businesses;
Síobhra Rush • three-month commercial rates Ireland waiver for impacted businesses; Lewis Silkin Ireland [email protected] • EUR 2 billion Pandemic Stabilisation and Recovery Fund
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In the current exceptional circumstances, actions more stringent than government Israel The Ministry of Health is continuously guidelines may be considered On 12 March, all schools were closed for updating its instructions and guidance on reasonable. This will depend on a month. Kindergartens and special Last updated: the containment of Coronavirus . It has circumstances including the nature of the education facilities continue to operate as 1/4/2020 emphasised careful hygiene practices workplace (e.g. do employees work in an usual. We recommend monitoring future (such as proper hand washing) and to open space, or does the position require instructions. avoid shaking hands. Consider consulting visits to hospitals). a professional regarding any additional Israel has established strict criteria and measures that may be advisable for your rules for obligatory Home Quarantine. workplace. Generally, adopt hygiene You can find details here. practices such as making sterilisation Given the ban on employees in Home products available to the employees. Quarantine or with a 38°C or higher fever It is highly recommended to consider Consider scheduling more frequent entering the workplace, it is legitimate remote working rules, and make the cleaning of premises and facilities. and necessary to inquire whether necessary preparations for it (insurance, employees have recently travelled abroad IT, ensuring employees have work- Employees (‘employee’ is broadly defined or are otherwise required to be in Home related material and equipment). in this context and not limited to Quarantine, and ask them to declare that employment relations) who are subject to they do not have a fever. As employees Employees on mandated Home Home Quarantine obligations (whether in general should not work while sick you Quarantine cannot be required to work they are sick or not) and any employees can also forbid any sick employees (even from home (since they are on sick leave). with a fever over 38°C, must not be if they have other symptoms) from However, if they are not actually it is allowed in the workplace at all. We entering the workplace. possible to request that they work from recommend any other sick employees home. If they do, it will not be considered are not allowed into the workplace. Although employers have a general duty sick leave. of care towards employees, privacy rights It is extremely important to keep may not always support conducting informed, and keep employees informed health-related tests. However, in this especially in relation to Home unique time and bearing in mind the new Absence on mandated Home Quarantine Quarantine, entry into Israel and travel obligation not to allow employees with warnings and recommendations. is deemed sick leave, entitling employees high fever to enter the workplace, we to sick leave pay (as long as they have Government guidelines are constantly consider that voluntary temperature being updated and refined, in an attempt accrued sick leave days in their favour). checks are permitted. You should uphold On day one of sick leave there is no to battle further infections and spreading privacy rules, including only using any of Coronavirus . Employers should entitlement to salary; on days two and information provided for the purpose of three employees are entitled to 50% of consider appointing a designated containing coronavirus , for that purpose. employee or team to manage their salary and from day four onwards, You cannot force employees to be tested, they are entitled to 100%. preparations or actions taken in relation as long as they abide by the to coronavirus , and inform the governmental guidelines. employees of their identity.
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You may have enhanced sick pay The second exception is only relevant to guidelines in light of the situation (such as arrangements. The government has an ‘essential enterprise’ or a medical differential treatment of those returning issued a comprehensive medical facility. In the former instance (i.e. if the from China at the beginning of the crisis), certificate for these absences, which also employer is an essential enterprise), the does not constitute discrimination, but covers children’s home quarantine. You employer must apply, in advance, for rather fulfilment of a legal requirement. cannot request that employees provide a entry permission from the Ministry of the personal certificate under these Economy, and, in the former instance (i.e. circumstances. if the employer is a medical facility), from the Ministry of Health. In addition, if the Employees must report that they are in Authority approves entry for a technician, Home Quarantine themselves, using an the technician's stay in Israel will be online form or calling the health call subject to strict guidelines regarding, Employers should thoroughly assess the centre on *5400.This is not your among other things, duration, work need for travel abroad and adhere to all responsibility. Employees who refuse to conditions, and activities while in the travel warnings and bans. Travellers enter Home Quarantine may be charged country (as published by Israel's Ministry returning from abroad will be required to with endangering the public. There is a of Health). enter 14-day mandatory home national hotline for reporting violations of quarantine. In addition, flights to and from the governmental guidelines. The Ministry of Defense is settling Israel are infrequent and foreign individuals entering Israel from abroad in nationals may not be able to enter Israel designated hotels (or other locations (see below). converted for this purpose), where they will be under medical supervision for 14 The Ministry of Health, the Population On 18 March 2020, the Population & days. At present, this does not apply to and Immigration Authority and the Immigration Authority issued a general foreign employees (but to Israeli citizens Ministry of Foreign Affairs are ban on entry into Israel, unless the and residents); however, this could continuously updating their guidelines entrant is a citizen or a resident of Israel. change. and instructions. There are limited exceptions to this ban that may be relevant to employers: We recommend keeping up-to-date by referencing the Ministry of Foreign Affairs' • The Population & Immigration website (at ‘Recommendations for Authority may permit entry if the Overseas Travelers’) and the Population entrant's life is ‘based in Israel.’ and Immigration Authority’s website. • An employer can apply for permission allowing a foreign technician to enter Israel if that technician is needed to make essential repairs to critical Employers must avoid targeting specific machinery. employees without a reasonable basis. However, differential treatment due to an employer following the governmental
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8% of annual turnover. A further NIS 500 million is allocated towards assisting businesses in complying with new On 30 March 2020, the Israeli Ministry of Ministry of Health requirements (such as Finance announced an unprecedented converting to online sales). NIS 80 billion economic support package to address the economic consequences of the coronavirus. The package targets four key areas: support to the healthcare As of 10 March 2020, requirements for system in handling the coronavirus receiving unemployment benefits have outbreak and its consequences; social been made more flexible, where welfare support to employees and the employees are placed on unpaid leave by self-employed; support to businesses in their employer in coronavirus -related dealing with the economic impact of the circumstances. coronavirus; and implementation of economy recover and stimulus measures. Back to top Orly Gerbi Israel Approximately NIS 41 billion is allocated Herzog Fox & Neeman to supporting businesses. Of that, [email protected] approximately NIS 6 billion is allocated for ‘business grants’ with a further NIS 2.7 billion for municipal rate exemptions for March to May. The Israeli Government will also refund income tax prepayments for the months of February and March and will grant automatic extensions to various licences and permits. An amount of approximately NIS 9 billion is allocated to deferral of VAT payments and payment of municipal, electricity and water rates.
The economic support package also provides for the establishment of two funds to grant loans to local businesses, Liat Shaked-Katz one of approximately NIS 8 billion, is Israel dedicated to small and medium-sized Herzog Fox & Neeman businesses; the other (approximately NIS [email protected] 7 billion), is dedicated to large businesses with an annual turnover between NIS 0.4 and 1.2 billion to receive a loan of up to
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complete safety. The Government • Meetings between colleagues Italy ordered the gradual end of the shut down allowed only in cases of urgency and Currently schools and universities are for companies, urging reopening following following strict protocols. the hygiene and safety Protocol of 24 closed throughout Italy; some are now • Prohibition on travel both in Italy and Last updated: organising online courses to continue April 2020. 11/5/2020 their activities. Under the 22 March 2020 abroad. and 25 March Decree, the Government Employers should re-organise the • No training allowed other than via required companies to suspend their workplace and the working activity in distance learning. working activities (with the exception of order to comply with the ordered • Companies may organise private those expressly permitted because their measured of social distancing and buses or alternative transfer hygiene, in particular: activity is essential) when they could not measures to help employees in need be carried out from home until 4 May 2020. From 4 May, the launch day of • Prevent entrance to the workplace of public transport (to be avoided ‘Phase 2’, all companies were allowed to for anyone with symptoms or a when possible). resume their working activities, with the temperature above 37.5°C. • Set up an internal committee with exception of the retail industry, bars and • Provide hand sanitisers through unions and health and safety restaurants which can only open following dispensers located around the representatives to monitor the restrictions ordered by each region (e.g. application of the measures adopted. service of take away only for restaurants). workplace. • keep employees informed about If an employee in the contractor A specific simplified procedure for procedures, health and safety workforce tests positive, the contracting homeworking is currently in place, which measures and your flexible working company must immediately give notice to does not require a signed agreement and leave policy. the client to collaborate with the public between the parties, but only that a authorities to implement the instructions communication be sent to the Ministry of • All employees sharing the same given. The client must inform the Labour. Smart working and using spaces in the workplace must use contractor about security protocols ordinary leave or holidays is strongly masks and all the individual adopted in the workplace and monitor recommended by the Government. protections measures needed. employees’ (and even third parties’) • organise staggered entrances and compliance with these. If an employee exits to the workplace. shows symptoms at work you must • Enforce work spaces with fixed isolate him or her. As a precaution, all Resuming activity quotas of people. staff who had close contact with him or her (i.e. physical contact or presence for • Use rotation and shifts to reduce From 4 May 2020, Italy has started more than 15 minutes in the same place Phase 2 of its coronavirus management gatherings. at less than two metres’ distance) could strategy which sees a gradual return to • Impose a limit on time permitted in be put on home leave for 14 days. Call working activities. Employers must follow common areas. the public emergency numbers, ask for the provisions of the public and health assistance, wait for instructions. Monitor authorities to ensure this takes place in the situation with the Health and Safety
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company doctor and wait for the public authorities. This was confirmed in coronavirus test results. The employee a Privacy Authority memo issued on 2 will be on sick leave if certified. In critical March 2020, which confirmed employers regions and in companies where cannot conduct autonomous Protecting privacy employees tested positive for investigations (including using self- coronavirus, employers must put in place declarations by employees about their As a rule, employers must comply with more specific sanitisation of the health or private life) into flu symptoms the Data Protection Authority when workplace (according to the Minister of and/or possible stays in potential infection asking employees for any information and Health message 5443 of 22 February). areas. with Health and Safety Authority procedures. Employers must comply with Monitoring by the Labour Inspector will be However, on 14 March 2020 and 24 April the data protection principles and process rigorous and regular. Failure to apply 2020 (included in the 26 April 2020 the employee’s personal data only when these measures will entail financial Decree), an agreement between unions legally requested by competent sanctions up to suspension of the activity and employers allowed employers to authorities or by the competent doctor in in case of violation. The Government and check employees’ body temperature at the performance of his/her health labour authorities have made it clear that the entrance of the workplace in the surveillance tasks into the company. You employees, who have contracted the context of the coronavirus emergency. can communicate the name of a sick virus in the workplace, will be considered This process must respect employees’ employee to public and health authorities absent because of a workplace ‘accident’ dignity and they must be informed on the and collaborate with them to identify and not because of ‘illness’, meaning the processing of their data with a Privacy employees that may have been in contact employer is responsible for notice. with him/her in the workplace. You cannot demonstrating that it had put in place all directly disclose the name the sick appropriate preventive measures. If the All employees who test positive for employee even to the people who have employee does not have a sickness coronavirus and then recover must been in contact with him/her. Only health certificate or is not under personal present a medical certificate proving their authorities have a duty to inform ‘close restriction measures, he or she cannot actual negative virus status at the contacts’ to implement the required refuse to come back to the workplace and entrance of the workplace. All employees prevention measures. may be subject to disciplinary actions. that were positive for Covid-19 must be visited by the competent doctor of the You can ask employees (or third parties Some categories of employees (e.g. company. who enter the work place) for self- disabled or particularly weak people due certification regarding any contact with to previous certified sicknesses) have the Public authorities may request employers sick people in the previous 14 days and right to work from home when possible. in critical regions actively collaborate on could prevent them entering the coronavirus testing for all employees. The workplace. In any case, only the Testing most recent Government Decree allows necessary, adequate and relevant data company doctors to put in place should be collected, without requesting As a general rule, employers cannot additional measures in order to prevent additional information about the sick autonomously investigate employees’ the spread of the virus in the workplace person, the specific places visited or health. Health inspections and (i.e. test and stamps, etc.) other details relating to that person’s investigations must only be carried out by private life.
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Tracing apps social ‘shock absorbers’ and financial extraordinarily implemented to aids have been implemented and may be suspended or reduce working activities Specific information on the tracking app provided for all companies. Government (see 4 above). that the government plans to implement wage support funds may be requested by in the coming weeks will be employers in the event of a suspension or Workforce reductions during emergency communicated with regulations and a reduction of working activity with a time are possible with the aid of ‘social specific personal data process. simplified procedure and the State will shock absorbers’ implemented by the cover 80% of the employees’ salary for government specifically to deal with the the non-worked hours. Self-employed lockdown of many companies. Employers workers (freelancers with VAT numbers, can reduce or suspend their workforce for ‘collaboratori coordinati e continuativi’ a maximum period of nine weeks with the You can require employees who have and seasonal workers in the tourism public aid of ordinary wage guarantee had direct or indirect contact with industry) will receive an indemnity for the funds. To have access to those funds, suspected cases to work from home or month of March equal to EUR 600. New consultation with unions has been be put on leave. Medical quarantine is parental leave have been provided to temporarily abolished and the procedure decided by the Health and Safety support families with children, granting has been simplified compared to the Authority. You can decide to close the extra ‘days off’ to assist children or regular procedure in non-emergency workplace on collective leave. disabled family members while salary periods. The procedure to prepare the payment will be paid by the State documents and consult unions takes Sickness and quarantine pay depending on the specific circumstances about one week; the timing of (e.g. age of children or disability of the authorisation and fund payment is not yet Employees on sick leave are paid by the family member). Employees who have clear timing but is around two months. Public Social Security Authority (INPS). continued to work during March 2020 at Where an employee is in quarantine for the company’s normal premises and who Restructuring sickness or home isolation due to have a total income not exceeding EUR symptoms or for having been in contact 40,000, are entitled to a bonus of EUR Employers are not allowed to dismiss with an infected person (all of which must 100 corresponding to the effective employees for ‘economic reasons’ be certified by a doctor), the absence number of days spent on the premises. (giustificato motivo oggettivo) for 60 days from work will be considered as sick after the 22 March Decree. Collective leave and will be paid by the Public redundancies are prohibited for the same Social Security Authority. Sick leave due term, and if they were pending on 23 to coronavirus does not count for the February 2020, are suspended. calculation of the maximum period to which employees are entitled to retain Reduction of activity The 17 March 2020 Decree was their job. To deal with the emergency, employers specifically aimed at avoiding downsizing and dismissals during the coronavirus Temporary pay support can require employees to take accrued holidays; give ordinary or extraordinary emergency. In particular, the decree leave; or take advantage of the prohibits individual dismissals for Under the 17 March 2020 Decree economic reasons (giustificato motivo (converted in law from 30 April 2020), ‘Government Financial Wage Support’
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oggettivo) and collective redundancies for for 14 days) and for travel industry • simplified and faster procedure for 60 days (until 15 May 2020). professionals (such as an obligation to smart working; take their temperature before boarding, • suspension of the deadlines for the In addition, all pending procedures for an obligation to provide protective submission of applications for collective redundancies that started after equipment and to enforce safety 23 February are suspended until 15 May distances during travel). welfare and insurance payments 2020. Executives are excluded from the from 23 February to 1 June 2020; prohibition on individual dismissals. If • suspension of the deadlines for these prohibitions are violated, the fulfilling obligations and payment of dismissals, if challenged, would be An employer cannot target employees social security contributions for declared invalid and the employee would based on their ethnic origin or residence. companies based in Italy with be reinstated to his or her position and be You must comply with the Data entitled to a compensation indemnity. revenues or income not exceeding Protection Authority when asking There is no case law on this matter. EUR 2 million; employees for information and with the • extensions of deadlines for Health and Safety Authority regarding the procedure you want to apply to requesting unemployment benefits Lea Rossi and subsidies; Italy employees. Toffoletto De Luca Tamajo e All movements into and through the • assistance for the purchase of Soci country should be avoided. Exceptions personal protective equipment and [email protected] will be made only for proven business sanitisation; justifications, emergencies, health Employers must co-operate with the • extension of the deadlines for reasons and homecoming. Non-essential competent doctors and health authorities transfers or movements, especially for payments to the public to identify any critical situation in the elderly people, must be avoided. administration; workplace and employees with particular Individuals should hold a self-certification • Suspension of all civil and criminal needs (such as those with pre-existing to be showed to the authorities to justify conditions or who are particularly weak). court hearings until 11 May 2020. any kind of movement into and throughout the country. There is an The Government has issued specific absolute prohibition on leaving home for measures to grant financial support to infected people and those in quarantine. companies. These measures are changing week by week according to the On 28 March 2020, the Minister of Due to the suspension of all commercial situation: check with your legal advisors Health, together with the Ministry of and production businesses, employers for up-to-date information. Transport, provided specific instructions are facing the emergency with the special to regulate entry into Italy. Specific employment measures introduced by the Back to top Aldo Bottini provisions have been introduced both for Government described in point 4 above Italy individual travellers (such as self- and the following other measures: Toffoletto De Luca Tamajo e declaration stating the reasons for the Soci entry, health surveillance and quarantine [email protected]
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business and many companies have already started working in this way or are Japan Before you have any cases, we about to do so. The Japanese government has a list of recommend you set some guidelines countries and areas that people are Last updated: about when people should attend work The Japanese government has advised not to visit without special care. 13/3/2020 and when they should work remotely. announced that visitors from certain The list is updated regularly, based on countries may not enter Japan or will be the evolving situation. Once someone falls sick, you should ask subject to strict quarantine measurements. If your business is them to go home and not return to the office until you tell them it’s okay. This international, this may affect face-to-face period should be at least two weeks. meetings with international colleagues. Make sure not to discriminate against
You have every right to decide to close different groups of employees based, for In order to keep your organisation example on their ethnic origin in the functioning well and avoiding any panic your workplace if the coronavirus spreads. policies you come up with to deal with the by employees, set up clear policies and virus. prepare to facilitate remote working and conference calling.
The Japanese government health programme will cover employers who You are entitled to ask employees lose their salaries during medical whether they are infected and whether treatment, paying approximately 2/3 of they have recently travelled to a high-risk them. In addition, the Japanese area, and it may be prudent to do so. government recently introduced a However, bear in mind that they are financial support programme to bear half entitled to refuse to tell you they are the cost of salaries for big companies and infected. You are also not empowered to 2/3 for small companies that continue force person to be tested for the virus. paying salaries of their employees who are on leave due to shrinking of business for most purposes. If an employee is worried they may be sick but has not yet had a diagnosis and decides to stay at The Japanese government has home, employees are not entitled to recommended the closure of all schools continued salary payment unless they until the end of March. use their annual paid leave. If an employee is on sick leave, health It is up to you to decide what kind of insurance will pay up to 2/3 of their policy you might have for homeworking, salaries during medical treatment. but setting up good homeworking arrangements may be very helpful to your
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You have an obligation to keep health information about employees confidential under the Personal Information Protection Act. There is currently no requirement to tell the authorities about people getting infected. You can you do so, but must not identify the individual.
Please consult https://www.mhlw.go.jp/content/10900000 /000599698.pdf
https://www.kantei.go.jp/jp/headline/kans ensho/coronavirus .html
(in Japanese)
Back to top
Kazutoshi Kakuyama Japan Anderson Mori & Tomotsune kazutoshi.kakuyama@amt- law.com
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• freely leave houses; Employers can send an employee for a medical check-up. Kazakhstan On 11 May, the state of emergency was • visit parks, squares, public gardens officially terminated in Kazakhstan; and embankment areas without Information which includes personal data Last updated: however, in order to prevent the spread entertainment facilities; may only be transferred with the owner's 11/5/2020 of coronavirus, restrictive quarantine consent and is protected by law. You measures have been partially preserved. • move among regions (air flights); cannot obtain any information about an and employee’s movements or activities Major cities were placed under (during off-duty hours) without his/her quarantine and they remain closed. No • visit second homes. consent. Any illegal use of personal data one can enter or leave them, except for attracts administrative and criminal the employees of organisations whose The activities of organisations and liability. activities have been resumed and enterprises beyond those essential individuals leaving and entering cities for services already permitted to open can health purposes. also resume when these conditions are fulfilled, except for retail and Sick employees, employees who were in Shopping and entertainment centres, entertainment centres, cinemas, theatres, contact with a sick employee and those cinemas, theatres, exhibitions, religious exhibitions and religious facilities. Public who are in quarantine after arriving from sites and other mass gathering places transport, educational and remedial child high-risk countries, are provided with a are still prohibited. Universities, colleges centres can resume and ‘watch groups’ work incapacity certificate with a state- and schools will keep on distance (alternating groups of no more than 15 guaranteed payment of up to 15 MCI (in learning. children of the same age) are being 2020, 1 MCI or monthly calculation index organised at kindergartens. is KZT 2,778 which is equal to It is also forbidden to conduct approximately USD 6). performances, sporting, family, memorial Everyone must strictly comply with robust and other public events. sanitary and disinfecting regime (wearing Individuals who have lost their income masks and gloves, temperature checks, due to the state of emergency will be paid use of disinfectants, etc.) and social on a monthly basis at a minimum wage distancing requirements. rate of KZT 42,500 (including employees The restrictive quarantine measures were who are on unpaid leave). eased throughout the Kazakhstan territory starting 11 May. The main criterion for removing restrictions is the achievement of a coronavirus case rate To avoid any threat to the life and health growth of no more than 7% for seven of colleagues, an employee must warn Reduction of activity days in a specific locality or region. Once you if he or she has symptoms of this figure is achieved, citizens are coronavirus. They must also tell you Kazakhstan labour legislation provides for allowed to: immediately if their health deteriorates. the use of reasonable (or less costly)
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alternative working arrangements such as Domestic passenger flights which were combatting the coronavirus infection, part-time work and remote (home-based) suspended from the end of March have reducing unemployment and work, as well as temporary transfer to gradually reopened in key directions providing support to entrepreneurs, another position. In all workplaces, an starting from 1 May. Flights will be carried including for other required additional agenda of measures should be out at a lower frequency and with fewer adopted, including providing paid annual passengers, as well as with enhanced measures. leave to employees forced to stay with travel safety measures and sanitary • Entrepreneurs and individuals whose their children during the forced vacation standards. activities suffered the most from the period and the payment of downtime (if introduced restrictions are alternative working arrangements prove temporarily exempted from taxes inapplicable or insufficient) at a minimum (property tax, land tax, excise tax, wage rate of KZT 42,500 per month Kazakhstan prohibits any employment (approximately USD 100). VAT, income tax and social discrimination towards a worker if he or payments). she contracts or is suspected to have Restructuring • The list of ‘backbone’ enterprises contracted coronavirus. that will receive state financial In the event of significant deterioration of assistance is currently at the Yuliya G. Chumachenko the employer's economic circumstances, approval stage. Kazakhstan it is possible to dismiss employees, • An arrangement has been reached Aequitas Law Firm paying them compensation not lower than If you or one of your employees has [email protected] one average salary per month. information about possible or suspected with second-tier banks on deferrals coronavirus infection cases, you or they for credit payments by entrepreneurs and individuals (mortgage, consumer must notify the sanitary and epidemiological control authority. credits), and on extension of Kazakhstan renewed two international preferential credit to small-scale and passenger flights to return Kazakhstan medium-scale businesses. citizens to Kazakhstan and to allow foreign nationals to leave Kazakhstan (Atyrau-Amsterdam, Uralsk-Frankfurt), To support the Kazakhstan economy other directions are still suspended. during the crisis caused by the As of 11 May, Kazakhstan has 5279 Railway passenger transportation is also coronavirus epidemic and the reduction confirmed coronavirus cases, 32 fatal, suspended. of oil prices, the Kazakhstan Government 2108 recovered. has adopted the following measures: Kazakhstan organises charter flights to Back to top repatriate its citizens who were abroad • To preserve food reserves, export of Anton Alexeyev and wish to return. On 11 May, a flight first priority goods has been banned. Kazakhstan was organised from Nur-Sultan and • The Kazakhstan Government has Aequitas Law Firm Almaty for foreign citizens wishing to [email protected] leave Kazakhstan. allocated USD 14 billion for
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• Trade centers can fully operate also on weekends. Latvia The Cabinet of Ministers decision provides that from 24 March 2020 sports • Sports activities are allowed if 2- Protecting privacy Last updated: centres, gyms and sport halls will shut metre distance can be ensured. 8/5/2020 down completely. Shopping centres will Regular measurement of employees’ close on weekends. This does not apply • Masks should be worn in public temperature of could be considered a to pharmacies, food stores, veterinary transport. reasonable measure. Measurement data stores, gardening and construction should be available only to a limited materials stores, and optical product • Travel will be allowed within the number of employees and should not be stores. Some shops are reducing opening Baltic States. publicly available within the organisation. hours on business days. There are no special regulations in place Reporting obligations can be introduced Until at least 12 May 2020, all theatres, for employers who are restarting regarding travel during free time. If an concert halls, libraries and museums are operations apart from the general employee has chosen to travel to a closed. Local cultural centres are shut. obligation to ensure social distancing of destination which requires quarantine, Regardless of the number of participants two metres, where possible. Employers then the employer would not be obliged all public events are cancelled and can introduce various measures at their to pay for this quarantine time (unless the prohibited. Unorganised gatherings of own discretion, such as mask wearing. employee works from home). more than 50 people are restricted. The working hours of all places where groups Generally, employees cannot refuse to Tracing apps of people gather are limited to 23:00. come back to work unless there are clear indications that the working environment Installation of tracing apps could be is not safe. Disciplinary measures could regarded as excessive intrusion into be applied to employees who do refuse to employees’ privacy. It is not advisable to introduce these measures. The state of emergency remains in place return to work. until 9 June 2020. The government has announced the following main measures In light of the current circumstances, the for relaxing the restrictions and restarting employers would be entitled to introduce business which will be effective from 12 temperature measuring procedures in the Sickness and quarantine pay May 2020: workplace. Employers are also entitled to send an employee for a general health Coronavirus is no different from any other • If it is possible to ensure 2-metre check in the event of suspicion they may sickness: regular sick leave regulations distance between participants, then be infected. However, a general will apply. Employee should get a sick public events (indoors and outdoors) obligation to provide a negative leave certificate from a doctor. The first with up to 25 participants will be coronavirus test for all employees would day of sickness is not paid, then you pay allowed. be considered as excessive. for days two to ten. Additional sickness days are paid by the state social security system.
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If an employee has no symptoms but Restructuring stays at home in quarantine, he or she should work remotely where possible. If Employers are entitled to implement remote work is not possible, then the Reduction of activity downsizing for economic reasons. The payment obligation would depend on termination notice period is one month whether it was the employee’s choice or There is no such concept as temporary during which the regular salary must be your order. If you order quarantine, you layoff, suspension of employment paid. Severance payment is between one should continue to pay salary. contracts, or similar in Latvian law. It is and four months’ salary depending on the also not possible to force employees to length of employment with the employer. If you want to switch an employee to part- take their annual leave or unpaid leave. No special regulations have been time work by reducing his or her salary as The only exception could be the case introduced in the context of the a result of adverse business where the employee has a large number coronavirus crisis. consequences of coronavirus, you can of unused vacation days accrued from only do so by agreement with the the previous years, in which case the employee. employer could require the employee to use those days. All international passenger traffic through Temporary pay support airports, ports, by bus and rail transport is The only two realistic options are cancelled from 17 March 2020. The On 24 March 2020, the Cabinet of permanent termination or mutual movement of persons and vehicles Ministers approved the procedure for agreement on an acceptable solution, through airport, port, railway and road paying out idle time compensation to such as use of annual or unpaid leave, border crossing points at the EU’s employers in affected industries and temporary reduction of working hours or external border, as well as at border other employers whose turnover has similar. Permanent termination is also not crossing points intended for local border decreased by 30% in comparison to last very practical since the termination notice traffic are banned from 17 March 2020. year. period is one month during which the regular salary must be paid and Nationals of Latvia and nationals of other At the moment the idle time period will severance of between one and four countries residing permanently in Latvia run from 14 March until 12 May. months’ salary must be paid depending can return to Latvia through the above- on length of employment with the mentioned border crossing points. employer. Consequently, the best The amount of compensation is 75% of Foreign nationals are permitted to travel solution would be to sign a mutual the employee’s average monthly salary, away from Latvia. Latvian nationals who agreement on termination of employment. but not more than EUR 700 per month. permanently reside abroad can only This would allow the employee to This compensation will not be subject to cross borders with non-EU states once to immediately apply for unemployment personal income tax and social security return to their country of residence. contributions and is paid directly to the benefits. The mutual agreement could employee’s bank account. include a commitment to sign a new employment contract under certain conditions.
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Under the Emergency Order, employers March 2020. Approved VAT repayments urgency. Documents can only be must cancel or postpone business trips will be made within 30 days after submitted by mail or email, not in person. abroad as far as possible. In view of the submission of a return. Emergency Order, it is justified and Liability for non-compliance proportionate to ask employees about Businesses are not obliged to make their travel plans. You should recommend advance Personal Income Tax payments Non-compliance with government employees avoid travelling abroad by in 2020: no late payment interest will measures to limit the spread of pointing out the consequences if your apply. coronavirus attract administrative or recommendation is not followed. A criminal liability and fines up to EUR 350. general prohibition on employees Municipalities can postpone real estate travelling to specific countries would not tax payments in 2020. Visas and immigration be acceptable. 2019 annual report deadlines are Latvian diplomatic missions and consular extended for three months. missions abroad are not accepting any documents in person and will not issue Any measures you introduce in relation to Tax authority negative decisions for visas while the state of emergency the coronavirus must be applied in a non- participants in the enhanced cooperation remains in force. Foreign nationals whose discriminatory manner. programme can be delayed until 2023 if period of legal stay in Latvia will end the participant is affected by the during the state of emergency will be able coronavirus crisis. to leave Latvia without any obstacles.
Enhanced police powers You can send employees for mandatory health checks if you suspect they are The State and Municipal Police will All education institutions are sick. If infection is discovered, then the monitor public areas where people could implementing distance learning. authorities will take it from there. There is assemble, and react to and assess Kindergartens will ensure that parents in no general reporting obligation for possible violations. Penalties will be ‘on-duty’ categories can work. To receive employers. issued for violation of the restrictions on this service, parents must submit a mass gatherings. To assist the State written statement once a week stating Police controlling violations related to that the family had not been abroad or mandatory self-isolation, the State Border been in contact with coronavirus infected Guard will transmit information regarding individuals or their contacts. Taxes certificates completed by repatriating individuals to the State Police. Toms Sulmanis Back to top Taxpayers in specific affected industries Latvia Justice system COBALT can defer or split payments for up to three years without late payment interest. [email protected] Court hearings during the emergency will Applications should be filed within two months from the due date or from 22 only take place in cases of significant infringement of rights and objective
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having separate rules or agreements with employees on remote work, covering Lithuania Before you have any cases of You are entitled to ask an employee issues such as liability for work safety coronavirus in the workplace, you should whether they are infected and if they requirements, confidentiality, recording of Last updated: provide general information to employees have recently travelled to a high-risk working time and reporting. 13/3/2020 on hygiene requirements and area. You can do this by introducing a precautions. The State Labour Inspection general obligation on all employees to In terms of quarantining employees, if an has issued the following guidelines: you inform you on return from any high-risk employee has returned from a high-risk should ventilate the workplace regularly; areas. area, you can instruct him or her to work provide sufficient hygiene products from home, but if that is not possible, they (disinfectant, paper towels, soap, etc.); The law obliges employees to provide cannot be forced to stay at home without ensure hygiene products are readily you with any information that may be pay. You can introduce ‘idle’ time if you available to employees and customers; important for the employment cannot provide work to quarantined and regularly clean all surfaces and door relationship. Employees should abide by employees. handles. You should also prepare your the principles of cooperation and workforce for the possibility of remote transparency and should therefore let you You can choose to close the workplace working. know if they have been infected or if they entirely and have everyone work from have come back from a high-risk area. If home if you think this is the best way. If If someone falls sick, you should treat it an employee refuses to say they are remote work is not possible, this would be as ordinary sick leave: the employee infected, you can send them for a health treated as paid ‘idle’ time. should contact his or her doctor to get a check and order them to be tested, if you medical certificate and stay at home. You have a reasonable suspicion regarding should consider placing other employees their health. You should treat the health who have been in close contact with the time it takes to do the health check as In general, coronavirus is no different sick employee in quarantine at home and paid working time. from any other sickness and the ordinary have them work remotely for 14 days. sick leave rules apply. An employee should obtain a medical certificate from a Keep everyone informed about the doctor. The first two days of sickness are measures that you are taking to keep the You are not obliged to let employees covered by the employer and the rest by work environment safe. Avoid work from home if their children’s school the state social security system. unnecessary travel and meetings. If is closed, though affected employees possible, let your employees work may obtain a sick leave certificate from If the employee works whilst under remotely if they request to do so. If their doctor. quarantine at home, they are entitled to someone has returned from a high-risk their regular salary. area, you can ask them to work remotely Remote work is the preferred option, for 14 days. Employees returning from a where possible. Consider introducing a high-risk area may obtain a medical policy where employees returning from certificate electronically. high-risk areas are required to work remotely for 14 days. We recommend
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• You should carefully consider if business trips to high-risk areas are The State Labour Inspection advises necessary. people should avoid business trips to • Employees returning from high-risk high-risk areas. Employees are entitled to refuse to go on a business trip to a high- areas should be given the risk area, but if, for example, only parts of opportunity to work remotely even if a country are deemed high risk, they they do not have any symptoms. cannot refuse to go on a business trip to Alternatively, they may request sick those other parts. Note that you cannot leave. prohibit employees from travelling to • If you suspect an employee could high-risk areas in their free time, but you create a risk for other employees or can introduce precautions: in particular you can ask them to stay at home for 14 clients, you should ask him or her to days upon their return. work remotely for 14 days. • You should give employees recommendations on personal hygiene precautions and make Any measures you introduce in relation to hygiene products available. the coronavirus must be applied in a non- discriminatory way.
You have an obligation to ensure safe working conditions for all your There is no general reporting obligation employees. If you fail in this and it leads on employers. A hotline run by the to a tangible risk to the health and safety National Centre for Public Health is of your employees, they are entitled to available to anyone who is concerned refuse to work but at the same time, you about the virus. You can send employees must continue to pay them at the normal for mandatory health checks if you rate. This means it is very important to suspect they are sick. If an infection is take precautionary measures. discovered, the authorities will take the appropriate measures. Jovita Valatkaitė Back to top Lithuania COBALT [email protected] The following official recommendations currently apply:
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safety distance cannot be guaranteed. You must take measures to protect The Government is planning large-scale employees’ health and safety and Luxembourg The Prime Minister officially announced screening based on a voluntary improve conditions to tackle the the closure of Luxembourg schools from diagnostic test accessible to the epidemic: Last updated: 16 March 2020. Private gatherings are population. 11/5/2020 now allowed at home or outdoors for a • Avoid coronavirus-related risks to limited number of people, see here. Phased reopening of businesses started employees’ health and safety, and on 20 April and continued on 24 April, 4 assess any risks that cannot be Masks or any other face coverings are May and 11 May. All commercial avoided. Based on these mandatory: activities and in the service and craft assessments, determine what sector are reopened except bars and measures you can take to reduce • on public transport and for restaurants (take out, drive-in and home risk to employees. activities welcoming the public; delivery services are allowed), cinema (open-air drive-in cinemas are • Inform and train employees, in • for all other activities and authorised), fitness centers, amusement collaboration with staff services if a two-metre distance parks, indoor games and entertainment, representatives, about health and cannot be respected, unless gambling, fairs and shows. Travel to safety risks, precautions, protective more restrictive specific public services and for self-employed equipment and clothing, and provisions apply; professionals is now authorised. Non- hygiene. Signs must be posted, emergency medical, veterinary, dental pointing out risks and preventive and psychotherapy visits are permitted. • in all constitutional and judicial measures during the epidemic. Cultural establishments including courtrooms if the two-metre rule libraries, museums, galleries and cannot be respected. • Workstations and other areas in archives are now accessible to the public. which employees work should be Secondary school and vocational training The national police will enforce and arranged, cleaned and disinfected to students have returned to school. monitor these rules. Fines still apply for minimise risk, and protective non-compliance with the remaining equipment must be provided to Organisations are encouraged to restrictions, in particular the two-metre ensure the protection of employees. continue to promote teleworking distance and mask wearing. throughout the exit from lockdown, • Employees must be provided with whenever possible. If you must remain appropriate bathroom facilities, with open or if you are authorised to restart access to running water, soap, and activity and some or all employees disposable paper towels, or On 15 April 2020 the Luxembourg cannot telework, you have a duty to disinfectants. Government announced a gradual exit ensure their safety and health (both those from lockdown, specifying that returning from risk areas and employees • Ensure that employees respect resumption of activities will be who have not travelled but who may be appropriate physical distances; or accompanied by strict barrier gestures infected with coronavirus) in the failing this, ensure that employees and the mandatory wearing of a mask or workplace and in work activities. wear masks or other face coverings similar face covering if the two-metre
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and, if necessary, other personal • Ask employees to make individual coronavirus tracing app nationalyl protective equipment. The reports of information concerning because of the threat to employees’ Government is providing companies possible exposure, to you or to the fundamental rights (violation of medical with five masks per employee free of competent health authorities. secrecy, privacy, stigmatisation of sick charge. people). It should not be possible to • Facilitate the transmission of impose the use of digital tracing For more details see here. Two new information by setting up dedicated applications and you should only employee’s obligations have been added channels to guarantee data security implement a voluntary system, in to the Labour Code existing obligations. and confidentiality. compliance with the GDPR and national The first is a duty to use protective personal data protection rules. You equipment and clothing provided correctly • Favour remote working and should not be automatically informed of within the context of these exceptional encourage the use of occupational any notification received by your circumstances and follow required medicine. employees. You can request employees hygiene measures. If there are inform you when they receive a reasonable grounds to believe there is a • In the event of a report, record the notification of possible exposure, based serious and immediate danger to health date and identity of the person on their duty of loyalty and their obligation and safety in the workplace related to the suspected of having been exposed to take care of their health and safety and epidemic, employees must also report it and the measures taken that of other people. immediately to the employer or (containment measures, teleworking, designated health and safety contacting the occupational medicine You cannot refuse access to the office to representatives. The Labour Code service, etc.). an employee or stop salary payment on authorises employees to leave their the sole ground that he or she refuses to workstation or dangerous areas in the You should not collect information on install the application (unless if you have event of ‘serious, immediate danger possible symptoms presented by an serious suspicion of coronavirus infection, which cannot be avoided’. In this case, employee or their relatives in a access to the office can be refused but the employee's refusal to work is not systematic and generalised manner, or salary must be paid. If the app alerts you considered a fault and cannot be through individual inquiries and requests, that an employee must stay in quarantine penalised. An employee cannot refuse to Any data processing in the context of for two weeks, the employee is still come back to work if you took the preventing the spread of coronavirus entitled to be paid even if you ask him or appropriate measures to protect the must guarantee the security of the data, her to leave work. You must offer work health and safety of employees. particularly health data. The identity of from home if possible, or suggest taking individuals concerned must not be holidays (you cannot impose this disclosed to third parties or to their unilaterally). Failing that, grant him/her a colleagues without clear justification. paid exemption from work. To implement an app, you must also comply with the applicable legal procedure involving Protecting privacy Tracing apps information or joint decision (in companies with 150 plus employees) The following CNPD (data protection The Luxembourg Government is reluctant from the staff delegation. authority) recommendations apply: to support the development of a
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the Luxembourg government has taken Support for independent professional the view that this ‘uncertified quarantine’ artists and intermittent workers in the Luxembourg Government exceptionally cannot be counted against statutory leave entertainment and cultural sector: The authorised employees to take without the employee’s consent and you Government will grant additional social extraordinary family leave to care for will have to bear the cost (e.g. by granting aid, guarantee subsidies for cancelled children due to the closure of educational an exemption from work or additional projects and grant short-time work facilities. In order to benefit from the leave to the employee concerned). If the benefits to employees in the sector. leave for family reasons: employee provides a doctor’s certificate of illness, he or she is paid directly by the • the employee must be affiliated to National Health Fund (CNS) during the the Luxembourg social security period between the first day of the month following the declaration of the state of system (including non-residents), Reduction of activity and; crisis and the end of the calendar month during which the state of crisis will end To reduce activity, an employer can • he or she must be parent of one or (derogation from article L. 121-6 of the Labour Code). more children under the age of 13 • Apply for short-time working or (parents of children aged 13 and Temporary pay support employee layoff (the first option over cannot benefit from the leave excludes the second). For details of for family reasons); short-time working see here. Short-term employment due to force • the child(ren) must be affected by majeure: The Employment Fund can cover 80% of the normal salaries (capped • Change the employee's working the temporary closures of time, remuneration and/or duties by (Luxembourg or foreign) structures at 250% of the minimum social wage for unskilled employees, i.e.: EUR-.5,354.97) mutual agreement. As these are for primary and secondary essential elements of the education, vocational training, for a maximum of 1,022 hours per year and per employee. employment contract, the childcare, etc. employee's must consent. Extraordinary leave for family reasons: Leave for family reasons cannot be • Exempt the employee from work. accumulated with other measures that The Joint Social Security Centre (‘Centre commun de la sécurité sociale’, CCSS) The employer must continue to pay allow parents to stay at home (e.g. if one the employee in this case. parent is on short-time work, the other is will pay an advance on financial not entitled to take extraordinary family compensation for this leave granted to parents concerned. The aim is to • Ask the employee to take paid leave, especially if they are in a critical annual leave or other compensatory employment role). More details. advance a substantial part of the reimbursement of salaries that employers rest provided for by law. The employer cannot impose this and the Sickness and quarantine pay must continue to pay to these parents which would normally only be made in employee's agreement is required May 2020 through the Employers' Mutual for the major part of that leave/rest. If you require an employee to stay home Insurance Scheme. from work (outside of short-time work),
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Restructuring • deferral of tax return filings (self- employed, SMEs and large Employers can implement individual or Any direct or indirect discrimination based enterprises); collective redundancies for economic particularly on membership or non- grounds to downsize or restructure membership, true or supposed, of a • increased flexibility in payment of except if they are covered by a short-time nationality, race or ethnic group is social security contributions (self- working measure, which requires an prohibited. This means it would be employed, very small enterprises, undertaking not to dismiss people on appropriate for you to be vigilant with SMEs and large enterprises). non-personal grounds. Some deadlines regard to discriminatory behaviour related applicable for collective redundancies to employees of an origin connected to a Almost all court hearings are suspended. have been suspended for the duration of country deemed to be ‘at risk’. In addition, a Grand-Ducal Regulation the state of emergency. drawn up by the Ministry of Justice suspended time limits in jurisdictional matters and adapted other procedural arrangements. The authorities have not required specific Third-country nationals cannot longer reporting (except for requiring a report of Ariane Claverie enter Luxembourg until 15 May 2020 the number of hospital beds occupied by Luxembourg included. Derogations apply, for example new coronavirus patients). Castegnaro for cross-border workers and travel to A derogation on legal working hours or [email protected] Luxembourg urgent and justified family duration in any applicable collective reasons. Citizens of the EU, UK, and agreement means maximum working Schengen area countries and their family hours may be extended to 12 hours per members are exempted from this day and 60 per week for activities restriction, if they are travelling in order to The Government has introduced essential to the maintenance of the vital return home. To facilitate the entry of exceptional tax and social aid for interests of the population and the frontier workers into Luxembourg during businesses, including: country (paragraph 2 of Article 3 of possible border controls, the Luxembourg amended Grand-Ducal Regulation of 18 Government has drawn up certificates • cancellation of tax advances for the March 2020 and those in the paragraph 1 attesting to the employment relationship first two quarters of 2020 for the self- of 5 of the Regulation). The information with the employee. For more details see employed, SMEs and large here is correct as of 11 May 2020. The here. For the duration of the coronavirus enterprises; situation is evolving fast and could crisis the validity of visas and change rapidly. authorisations to stay which expire after 1 • automatic four-month deferral of
March 2020 are extended. Third-country payment of installments for income, Recommendations of the Luxembourg nationals not subject to visa requirements municipal business and wealth taxes Thérèse Lallart government and of the National whose stay has just exceeded 90 days (self-employed, SMEs and large Luxembourg Commission for Data Protection (French can lawfully remain in Luxembourg. enterprises); Castegnaro & English) Applications for visas and issuance of [email protected] passports are suspended. Back to top
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symptoms have gone. will apply if someone has contracted coronavirus . Malta You should take simple precautions to • Keep the situation and government protect employees’ health and safety. guidance under review. If the situation You and the employee may agree that Last updated: worsens, employers may have to take the quarantine period should be counted 13/3/2020 • Limit work trips to high-risk zones. Use additional measures such as as vacation leave in situations where: telephone or videoconferencing where minimising all work-related travel. possible instead. • An employee is not sick but you tell • Consider allowing high-risk individuals them not to come to work as a • Educate staff without causing panic. (including individuals above retirement precaution, for example, because age) to work from home, particularly if For example, send emails or display they have returned from China since there confirmed coronavirus cases posters outlining the current situation the virus started (so-called voluntary and government advice. near the workplace. quarantine); or • Provide tissues and hand sanitiser • The authorities of a country require and encourage their regular use. In that an employee stays in quarantine particular, encourage staff to wash You can ask an employee whether they (such employees who have been on their hands or use hand sanitiser on are infected and whether they have lock-down on a cruise ship, etc.) arriving in the building after using recently travelled to a high-risk area. An because the employee has travelled public transport and after coughing or employee cannot refuse to tell you if he to high-risk or infected areas; and sneezing. or she is infected with the coronavirus . If • The employee cannot work remotely. they do refuse, you should assume they • Regularly clean frequently touched are infected and ask them to stay away communal areas, including door from the office. You cannot force an This needs to be agreed by both sides. handles, kitchens, toilets, showers, employee to get tested for coronavirus The second alternative (which splits the and hotdesk keyboards, phones and but should instead contact the authorities financial burden between the parties) is to desks. and they will discuss the matter with the apply sick leave rules to this situation. employee concerned. This makes sense if you consider that the • Ensure that anyone with coronavirus fundamental principle of sick leave is that symptoms (cough, sore throat, fever, the individual is ‘unfit for work’. The third breathing difficulties, chest pain) does solution would be paid special leave, not come into work. If they have which would be granted over and above recently travelled back from a high-risk Whilst we know that the risk of catching legal entitlements. zone or have had contact with coronavirus in workplaces in Malta is someone who has (or with someone currently low, the usual pay entitlements infected with the virus), they should and sick leave entitlements in the Wage see a doctor and get a diagnosis. Regulation Orders, the Special Leave They should not return to work until all Regulations of 2007 or in any collective agreements applicable to an employee
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A concept which is gaining traction in the employer community is that if an employer sends an employee to a low- risk zone, which suddenly becomes high risk, the employee’s quarantine should be treated as fully paid special leave, since the employee did not choose to travel. In cases where employees insist on going to high-risk zones despite a recommendation not to travel to those zones, employers are within their legal rights not to pay for any resulting quarantine periods.
Besides what is mentioned above, many employers are asking employees to restrict their travel to affected zones for work only and other employers are also extending the risky zones as a result of health and safety obligations, especially to zones which are adjacent to or touching high-risk areas.
If a suspected coronavirus case is discovered in the workplace, you should report the matter to Mater Dei Hospital or to the COVID hotline immediately, for the person to be tested. If an employee does have the virus and was at work, you must Matthew Brincat vacate the property immediately and Malta disinfect prior to reopening the doors. Ganado Advocates [email protected] Back to top
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grocery stores and sale of prepared foods, passenger and cargo Mexico In the evening edition of the Federation’s transportation services, agricultural At the date of writing (6 May 2020), it is Official Gazette of 30 March 2020, the production, chemical, cleaning products, expected that all activities in the public, Last updated: National Health Council issued a hardware stores, courier services, private private and social sectors will resume on 8/5/2020 resolution declaring the coronavirus security guards, telecommunications and 1 June, including academic activities. epidemic a sanitary emergency due to media, among others. force majeure. It has been announced that some regions Isolation at home should be strictly with limited or no outbreak of coronavirus As a result, the Ministry of Health initially applied to individuals aged over 60 or may be subject to a shorter extension to ordered the immediate suspension from with a diagnosis of high blood pressure, 18 May 2020 only and may therefore 30 March to 30 April 2020 of all non- diabetes, heart or lung disease, resume activities earlier. It is not yet essential activities in the public, private immunosuppression and pregnant known which regions, cities or and social sectors. On 21 April, the women regardless of whether their work municipalities will be subject to this Ministry of Health extended the activity is considered essential or not. If shorter extension: this will be assessed suspension to 30 May. This extension these individuals are engaged in by the Ministry of Health before 18 May. included a mandated closure of schools essential activities that must remain until 30 May on the understanding that operating, they must be sent home with Once the suspension of non-essential this does not give parents an automatic full payment of salary and benefits. activities and lockdown have ended, the right to be absent from work or employers Ministry of Health, together with the an obligation to grant paid leave, but they In addition, state and municipal Ministry of Economy and the Ministry of can choose to do so. governments are now able to set Labor, will issue guidelines, measures restrictions in their regions/municipalities and requirements to be observed for a Only essential activities necessary to deal on top of those already imposed by the staggered return to labour, academic, with the sanitary emergency are allowed federal government, mainly related to economic and social activities. to keep operating, including medical, population movement. paramedical, administrative and support In any event, it is expected that current services throughout the public and private Under Mexican federal labour law, Ministry of Health guidelines will still health sector; pharmaceutical industry employers must comply with any apply when activities resume. The Safety both manufacturing and distribution emergency and preventive measures that and Hygiene Committee will be (pharmacies); manufacture of supplies, are imposed resulting from a health or responsible for continuing implementing medical equipment and technologies for environmental emergency, such as these measures and for communicating health care; those for public safety; closures of workplaces, schools, public with employees along with the Human legislative activity; essential sectors for buildings or even quarantine. Resources department. the functioning of the economy such as financial services, distribution and sale of energy, gas and gas stations, generation and distribution of drinking water, food and non-alcoholic beverages, supermarkets, self-service stores,
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They include the following: If an employee is suspected to be sick, employee for two weeks, the employee he/she can be instructed to attend a clinic would be entitled to receive full pay as • Wash hands frequently with soap of the Mexican Institute of Social Security this would have to be treated as a paid and water or use 70% alcohol-based (‘IMSS’) for an assessment. If sick leave leave of absence. gel. is not granted, the employee must return to work. • When coughing or sneezing, use a disposable tissue or the inside of Leave your elbow. • Avoid spitting: if necessary use a If an employer providing essential disposable tissue, put it in a plastic Protecting privacy services remains operating, any bag, tie it, throw it away then wash employee suspected of being sick may your hands. It is important to ensure employees are be required to stay away from work, • Do not touch your face with dirty issued with a privacy notice that includes however, employees will be entitled to full pay, as this will have to treated as full hands, especially nose, mouth and treatment of sensitive information such as results of medical examinations. Issuing a paid leave of absence. This leave can eyes. privacy notice is a legal obligation for all count towards holiday entitlement if the • Clean and disinfect surfaces and employers in Mexico. employee agrees to it. objects in heavy use in homes, offices, closed places, on public and Tracing apps Sickness and quarantine pay private transport, meeting venues, etc. Ventilate and allow sunlight to Installing an app should be on a voluntary If an employee is infected, payment will basis. Under Mexican health regulations follow the same rules as a general illness enter. Anyone with flu, fever or joint and according to government certified by IMSS. The IMSS must issue a pain that persists for more than a declarations issued related to the sick leave certificate to the employee, week should see a doctor. pandemic there is no legal basis to ordering sick leave or quarantine. The compel employees to install an app. This certificate must clearly specify the start Employers are legally allowed to ask implies that employees who refuse to and end date of the leave. When a sick employees to undergo medical install it may not be legally denied access leave certificate is issued, employers examinations and employees are legally to work nor have their salary stopped. must pay the first three days of the leave obliged to undergo these examinations. in full. From the fourth day onwards, These include but are not limited to If an employee voluntarily agrees to IMSS will pay a daily subsidy of 60% of temperature checks. Refusal may be install the app we recommend having the salary reported to IMSS. There is no construed as a ground for dismissal. him/her agree to certain terms and legal obligation for the employer to pay Employees can certainly be asked at any conditions of use for the app which may the remaining 40%. time whether they have recently travelled include allowing the employer to be to a high-risk area or whether they have alerted when an employee receives a been in contact with an infected person. notification. However, if as a result of a notification the employer quarantines the
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Temporary state support for pay any collective bargaining agreement in as long as an agreement is reached with force. the relevant union or group of employees The Federal Government has not and full severance is paid or an implemented any support programme Although the declaration of sanitary alternative monetary arrangement is and has not announced any potential emergency requires an immediate agreed upon. financial aid from an employment suspension of non-essential activities, its standpoint. scope does not imply the legal suspension of employment relationships. This should be interpreted to mean that Considering that a sanitary emergency there must not be any adverse effect on has been declared, you can certainly ask the payment of salary and benefits. employees to refrain from travelling to a high-risk area but cannot oblige them to Reduction of activity Restructuring do so. However, most critical risk areas have closed their borders and travel to It is possible to negotiate with unions these areas is banned. and/or employees around changes in the There are no legal restrictions on agreed terms and conditions of restructuring or staff reductions. employment to preserve employment and Terminations can be carried by paying full employment relationships and this is severance, for cause or as otherwise recommended. agreed. Whether trade unions or other No individual in Mexico may be external bodies can impose restrictions discriminated against for being infected. If on restructuring depends on the specific These measures must be agreed upon an employee is discriminated against provisions of CBAs. In any event it may and may not be implemented unilaterally because of this, you could be liable to be wise to confer with the relevant union by the employer as it will trigger a pay legal severance triggered by a to reassure those concerned that constructive termination that will entitle constructive dismissal attributable to the employees will be treated in accordance employees to statutory severance. employer. with the law. Measures that may be agreed include the Workforce reductions may be carried out following: in a single day but it mostly depends on the number of employees and the terms At the time of writing, there are no • reduction in salary and work and conditions agreed to. To achieve this, statutory reporting obligations related to schedule; severance calculations must be made per coronavirus. • reduction of statutory benefits to employee and at the termination date. As minimum required levels; previously stated, consultation with • anticipated vacation entitlement. unions depends on the terms of the applicable CBA. Measures will depend on your main activity and must be assessed on a case- In general terms, staff reductions or any by-case basis, taking into consideration other type of measures including but not limited to furloughs, may be undertaken
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However, if an employee is sick or has been diagnosed with the coronavirus by a private physician, we advise you to inform IMSS immediately by directing the employee to the appropriate clinic. It is important to check whether employees have been issued with a privacy notice, see item 3.
Please see 1 above for details of the sanitary emergency and its implications.
No aid or programmes have been implemented currently by the government related to tax benefits or to employment- related benefits for employers or employees.
The sanitary emergency does not include any changes to the justice systems nor any other relevant measures other than those set out in 1 above.
The Federal Government is holding daily press conferences at 19:00 (CST) to provide a general overview of the situation in Mexico (i.e. number of confirmed cases, deaths or any other González Schiaffino Álvaro particular issue), as well as to announce Mexico any relevant preventive or mandated Basham, Ringe y Correa measures before being published in the [email protected] Federation’s Official Gazette.
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physiotherapists, were allowed to reopen. Obligations for employers upon Libraries can reopen, as well as reopening Netherlands The ‘intelligent’ lockdown in the campsites and holiday resorts, provided Netherlands remains in place. People that the sanitary facilities (showers, toilets The instruction and strong advice Last updated: must keep at least 1.5 metres distance etc.) remain closed. Primary schools and remains that people should work from 12/5/2020 from others when going outside. Public children’s day-care have also resumed home if and when possible. Where this is gatherings of more than two people are activity from 11 May, under the restriction not possible, employers being allowed to not allowed, unless a 1.5-metre distance that children will attend at least 50% of reopen must do so observing their is observed. People are encouraged to their school hours. This means parents statutory general duty of care, which work from home as much as possible, to working from home will have more time means you must ensure employees have avoid crowded areas and not to use during the week without children home. a safe and healthy (work) environment. In public transport unless for a compelling addition, the RIVM (the Dutch National reason. People showing symptoms of a From 1 June 2020, restaurants and bars Institute for Public Health and the cold or the flu, such as sneezing, sore can open their terraces and allow up to Environment) provides general advice throat or fever, must stay home until their 30 people inside, as long as 1.5-metre regarding safety and hygiene. You should symptoms are gone. Shops and distance is maintained. Cinemas and obtain sufficient information from the supermarkets were always allowed to other cultural institutions are allowed to RIVM and act accordingly. This includes remain open provided they do not allow reopen, with no more than 30 people giving proper instructions on regularly for more than one customer per 10m² and allowed inside and the 1.5-metre distance washing hands, coughing or sneezing 1.5-metre distance is maintained between is observed. The use of public transport into the elbow, only using paper towels customers and shop employees. remains discouraged but if used, people etc. If an employee feels unwell, you Although some public spaces are must wear an ‘unofficial’ facemask when should instruct him or her to stay at home resuming activity (see 2 below), all travelling. and work remotely if possible. The use of restaurants and bars remain closed (or an (unofficial) face mask is not mandatory open for take-away or delivery only), as Starting 1 July 2020, the 30-person (for non-medical professions) and it is for well as gyms and other public (cultural) restriction for restaurants, bars, cinemas the employer to decide if this is to be spaces. Public events are cancelled at and other cultural institutions will be worn at work. least until 1 September 2020. Marriages raised to 100 people. Campsites and and funerals may take place with no more holiday resorts can make their sanitary Most importantly a policy must be than 30 people in attendance. This also facilities available again. The government implemented to secure the social applies to religious gatherings. has announced that it expects to lift the distancing obligation by the employees measures on gyms, saunas and casinos regarding their colleagues and their on 1 September 2020 and for all sports customers. Employers must enable
competitions to resume. employees to work at least 1.5 meters apart. If this is not reasonably possible, The Dutch government has recently All of the above is under the explicit other protective measures such as the announced that measures will be lifted precondition that the decreasing trend in installation of acrylic glass walls/panels slowly in the next few months, starting on the number of infections continues. should be taken. Depending on the type 11 May 2020. From 11 May, contact of business, other measures may be professions, such as hairdressers and required, such as:
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• Limit business trips; contact the family doctor by phone who of infection. Even then, employees should will contact the municipal health service share as limited details of the infected • Provide employees with up-to-date (GGD). For the rest, normal sickness employee as possible. Disclosing the information on the governmental rules apply, such as involving the employee’s name should be done with measures and how these are company doctor. As employer you must reticence. Dutch privacy law in principle implemented; inform the other employees about prohibits employers from processing data measures taken with regard to infected about a sick employee’s symptoms or • Provide sufficient hygiene products employees (on a no name basis). All diagnoses including during the and, if necessary, protective employees who have been in direct coronacrisis. However, the employer also products; contact with infected employees during has the obligation to prevent health the incubation period, should be sent damage to personnel and secure a safe • Make sure that frequently touched home to work remotely, provided their work environment which means that there objects and surfaces are cleaned home office meets the health and safety are conflicting rights and obligations. sufficiently; requirements. If an adequate home office Given the lack of case law, we do not is not available, you could be forced to know how a court will balance these send the employee home without any rights and obligations in this specific • Assess whether certain (groups of) obligation to work, for example for the situation, but believe that employers can employees have a higher risk of quarantine period, currently set at 14 process employees’ health related contamination and take additional days. If a suspicion arises that an personal data for the purpose of (in short) measures, if necessary; employee has been infected with the preventing health damage, for example if coronavirus, you are not allowed to there is a genuine risk of an employee • Ensure employees follow the (medically) test an employee. This must infecting others with the coronavirus. instructions and act on it if they do done by the GGD, contacted through the not. family doctor (see above). Tracing apps Employers as well as unions are The Dutch government has tested preparing coronavirus protocols on a several apps that could aid in preventing sector level. We strongly recommend you the spread of the coronavirus, for include coronavirus protocols in the RI&E example by notifying people contacts of risk assessment and evaluation that all Under privacy legislation you have individuals infected with coronavirus. No employers are obliged to have in place, sufficient reason to ask an employee app has been officially published though, or, where applicable, in health & safety whether he or she might be infected if the as all tested apps did not pass the tests. documentation and submitted to the employee shows any coronavirus It is not expected that an app will be Labour Inspection for approval. You symptoms, because otherwise you approved in the short term. If an app is should verify whether a coronavirus cannot guarantee a safe and healthy made available, it will not be mandatory protocol is in place within your industry: if work environment in the event of an to install it. You could not compel so, this needs to be observed. If an infection. Employers must take into employees to install the app, nor could employee is infected by the coronavirus, account an infected employee’s privacy you deny employees access to the office he or she must be sent home rights. This means you can only notify if they do not install the app. immediately. Further, the employee must staff about the illness if there is a real risk
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Employees will be free to choose whether compensation of up to 90% of an • As soon as an allowance for wages or not they install the app. Employees employer’s total wage bill. The has been granted, the UWV will that have chosen to install the app and compensation amount is linked to the initially provide an advance of 80% receive a notification that they may have percentage of loss of turnover. The of the allocated allowance. At a later been close to someone infected with the current conditions are as follows: stage, it will be determined what the coronavirus will also not be obliged to actual decline in turnover was, for inform you of the notification. Depending • An expected loss of turnover of at which an audit report is required; on what the notification will entail, it will least 20% during a period of three very likely be considered personal data consecutive months. Regardless of • The current NOW scheme can be under the GDPR. Requiring employees to the time of the application, loss of applied for until 31 May 2020. report any notification to the employer will turnover from 1 March 2020 can be be considered processing an employee’s taken into account. Employers may The government has announced that the personal health data, which is not allowed choose a period of three consecutive NOW scheme will be extended by an under Dutch privacy laws. months starting 1 March, 1 April or 1 additional three months. The extension is May. likely to have additional conditions for employers, but details of these have not • The compensation received is aimed been announced yet. There is also some Employees able to work from home are to contribute to (part of) the wage bill discussion around the possibility of lifting entitled to do so whilst remaining entitled over the months of March, April and the obligation not to make any employees to salary payment. Employees unable to May 2020. redundant during the additional three- work from home who must be home to month period. Final decisions around this care for their child(ren) are likely entitled • During this three-month period will be made soon. to do so while remaining entitled to salary (March, April, May 2020), no due to the employer’s duty of care and employees are to be made ability to apply for the NOW fund redundant for business economic described below. reasons. Doing so nonetheless will result in a decrease of the final If an employer receives NOW-support, it compensation amount to be Sickness and quarantine pay is restricted in initiating redundancy received, topped with a 50% extra programmes. Additionally, the reduction penalty. If an employee is infected by the of the number of ‘flex’ workers (fixed-term coronavirus, he or she will have the same or on call contracts) during that same protection as any other employee on sick • Employers must make an effort to period will have a negative impact on the leave (entitlement to salary etc.). continue paying 100% of their maximum amount of compensation to employees’ wages during the which they are entitled and may result in Temporary pay support compensation period, including that an obligation to partially repay these of fixed term employees and/or temp funds. Apart from the penalty for Employers can apply for the ‘Noodfonds workers, etc. redundancies under the NOW scheme, Overbrugging Werkgelegenheid’ (‘NOW’), the regular restructuring process remains an emergency fund that provides for a in effect. The UWV will, in addition to the
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already requested well-substantiated Belgian authorities. It must be printed and 4,000, with which they can meet their business case, require a solid stamped with the stamp of the employer greatest financial need. The government explanation of why there is a need to or institution that justifies the essential has also made bank loans and bank resort to redundancies while there is the border crossing. guarantees more accessible to option to make use of the NOW, when companies. assessing dismissal requests. For Germany, frontier workers have to be able to proof that they travel to work in Germany. A special form can be downloaded from the German police. Rules and regulations may vary between As far as business trips are concerned, businesses and geographical areas and you should comply with the travel advice are in any event subject to frequent published and constantly updated by the change. We therefore recommend you Dutch Ministry of Foreign Affairs. On top Please note that the fact that an always verify the current status of the of that, employees are allowed to refuse employee is infected by the coronavirus above before any final decisions are to travel to risk areas if the local working or may show symptoms, cannot affect the made within your business. conditions do not comply with the regular employment relationship. It never creates health and safety requirements under the possibility of terminating an Back to top which they usually work. It may be employment contract. Besides, a sick advisable to repatriate employees who employee in the Netherlands is protected are currently in risk areas because of a against dismissal for a period of 104 business trip or who are temporarily weeks. working in this area on your orders, because the situation there is no longer safe.
For frontier workers from the Netherlands who have to travel to Belgium or The government has taken various other Germany for work, special rules have financial measures to assist Dutch been imposed. For Belgium, a Belgian companies. For example, companies can certificate proving the need to cross the more easily apply for deferment of tax, border must be completed by the after which the Tax and Customs employer and the employee. Administration will immediately stop collection. This applies to income, In addition, frontier workers ‘in vital corporate, wage and turnover taxes Joost Verlaan sectors and crucial professions’ can (VAT). Tax fines are reduced to nil. Netherlands make use of a sticker (‘vignette’) to make Bronsgeest Deur Advocaten it easier for them to cross the border An emergency service point has also [email protected] between Belgium and the Netherlands. been set up. There, the most severely This vignette can be obtained from the affected small and medium-sized companies can apply for a grant of EUR
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The situation is evolving and employers must keep up to date with the advice New The New Zealand Government has issued by the Government. implemented a four-level COVID-19 Alert Protecting privacy Zealand System, which specifies the public health and social measures required at four Employers’ obligations in relation to Last updated: Alert Levels, such as escalating Currently under Alert Level 3, personal employees’ privacy and collection of restrictions on human contact, travel and information will be governed by the 7/5/2020 movement and interactions remain business operations. limited. Privacy Act 1993 and, in many cases, relevant policies and contractual provisions. On 28 April 2020, New Zealand moved Businesses must self-assess their ability out of Alert Level 4 and into Alert Level 3, to keep workers safe, limit interaction with initially for a two-week period until 11 May customers and prevent the spread of Generally, employers will be able to ask 2020 when the Government will review employees whether they are infected and coronavirus. All businesses that are this and make further decisions. permitted to resume operations must whether they have recently travelled have a coronavirus safety plan setting out overseas to the extent those questions have a reasonable basis, are connected Currently under Alert Level 3, school how they will operate safely. students should be distance learning from with the employer’s operations, and are not unfair or discriminatory to the home where possible. However, schools In addition, employers in New Zealand employee. in New Zealand are open for younger have an existing and continuing duty to
students (school years 1-10) who cannot ensure, so far as reasonably practicable, Employees have a duty to take stay home or learn at a distance, with the health and safety of employees.
safety measures such as physical Employers must ensure all appropriate reasonable care that they do not distancing in place. hygiene and safety measures are in adversely affect the health and safety of place, such as requiring strict personal others while at work. They also have a Businesses that require close personal hygiene practices, frequent cleaning and duty to be responsive and communicative with their employer about employment contact, such as hairdressers, retail appropriate personal protection stores (with the exception of those equipment. matters. providing necessities) and gyms, are not currently permitted to open. Other An employer cannot force an employee to Tracing apps businesses, such as takeaway have a medical examination or test. businesses providing contactless pick-up However, many employment agreements The New Zealand Government has been and delivery, construction sites and real provide that the employer can request an yet not implemented a tracing app. estate agencies, can now resume work employee to undergo a medical but must adhere to safety measures to examination in certain circumstances. prevent the spread of coronavirus, including physical distancing. Individuals should work from home if they can, even in workplaces that remain open.
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entitlements. If employees perform their changes as a result of the impact of the normal work from home, they are entitled coronavirus crisis, for example employers Sickness and quarantine pay to be paid. must point to a genuine business rationale for the changes, ensure a fair Where a workplace is closed due Temporary pay support process and comply with the duty of good government restrictions, payment of faith. employees will depend on the particular The Government has announced an circumstances, including whether or not economic package to combat the effects However, depending on when they the employee is able to work from home, of coronavirus, which includes a wage applied for the scheme, employers who contractual provisions and other agreed subsidy scheme (which is available to all are recipients of the Government’s arrangements that may be put in place. employers, contractors, sole traders and COVID-19 wage subsidy may not be able self-employed persons, registered make employees redundant during the An employee who is sick, or whose charities and incorporated societies) and 12-week subsidy period. spouse or dependent is sick, can take a leave support scheme. Further details paid sick leave. Employees have a can be found here. statutory entitlement after six months’ service to five days' sick leave per year, Currently, under Alert Level 3, inter- may accumulate up to 20 days, and may regional domestic travel is not permitted, agree with their employers to take sick unless an individual is an essential leave in advance. Employers can provide Reduction of activity worker travelling for work. employees with more sick leave than the statutory entitlement and some There is no general or statutory ability to employees have a contractual entitlement In relation to international travel, current stand down employees under New to more. border measures restrict entry to New Zealand law. However, depending on the Zealand to almost all travellers. specific circumstances of each case there If an employee’s sick leave entitlements will be a range of options available for are exhausted, he or she may, with the Citizens of New Zealand are permitted to most employers if there is a need to employer’s agreement, use annual leave. enter the country, as are holders of reduce or cease activity as a result of Employers could also agree to allow the permanent resident visas and holders of coronavirus. Employers cannot generally employee to use annual leave in residence visas with appropriate travel unilaterally suspend employment advance. conditions (except where the person was agreements, or temporarily lay off granted the visa outside of New Zealand employees or require employees to agree and is travelling to New Zealand on that Where employees cannot report for work to a reduction in work hours and salary visa for the first time). because they are in Government- imposed quarantine, they may not be Restructuring entitled to payment. However, employers are required to put in place alternative The legal obligations that usually apply in ways of working and consult with the respect of downsizing and restructuring employee about whether they wish to use will apply to employers needing to make their sick leave or annual leave
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Australian citizens and permanent critical purpose for travelling to New residents ordinarily resident in New Zealand must make a request to travel to Zealand and partners, dependent New Zealand, and may then be invited to At present, there is no requirement children and legal guardians who are apply for a visitor visa or for a variation of specifically on employers to report travelling with New Zealand citizens and the conditions of a temporary visa. COVID-19 concerns and it is not residents can also be granted entry but advisable for employers make reports to should seek Government advice and All individuals arriving in New Zealand authorities without prior consultation with approval well in advance of travel. are required to enter into mandatory the employee concerned. quarantine at approved government There are very limited exceptions to the managed facilities for a minimum of 14 above. The Government may grant a days. visitor visa or vary the conditions of a temporary visa to allow an individual to Temporary visa holders who were in New be granted entry permission where that Zealand on 2 April 2020 and whose visas A State of National Emergency was individual has a critical purpose for were due to expire between 2 April to 9 declared in New Zealand on 25 March travelling to New Zealand, including: July 2020 inclusive will have their visas 2020, and an Epidemic Notice has been extended to 25 September 2020. issued which gives Government agencies • essential health workers, as powers to react swiftly to the developing situation. confirmed by New Zealand’s Ministry The Government has also announced the of Health; Immigration (COVID-19 Response) Amendment Bill 2020 which enables the The New Zealand Government has • other essential workers, as Government to respond flexibly and announced a number of tax relief confirmed by the New Zealand efficiently to immigration issues relating to measures and business loan schemes to Government; COVID-19, in particular granting the support businesses in the wake of the • citizens of Samoa and Tonga power to impose, vary or cancel visa coronavirus. making essential travel to New conditions for groups of people. Zealand; • people coming to New Zealand for Employers’ obligations and whether humanitarian reasons; employees are entitled to be paid for • visitor, student and work visa holders It is is unlawful for employers to discriminate against an employee based coronavirus-related absences will depend who are ordinarily resident in New on their race or ethnicity or disability, on the particular circumstances. Zealand and who are the partner or including physical illness. Employers Employers should seek legal advice in dependent child of a student or work should not seek to prohibit employees relation to their specific circumstances. Peter Kiely visa holder who is in New Zealand. from the workplace based solely, for As the situation is constantly developing, New Zealand example, on their ethnic origin. employers must regularly monitor the Kiely Thompson Caisley advice here. Individuals seeking a visitor visa or a [email protected] variation of the conditions of a temporary visa on the grounds that they have a Back to top
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the general obligations to ensure the health and safety of their employees, take Norway The government had closed all measures to minimise the risk of infection kindergartens and schools from 13 March by conducting a risk assessment, and by Protecting privacy Last updated: 2020, but have since started to reopen implementing necessary steps to reduce 8/5/2020 gradually. Kindergartens reopened 20 the risk of infections in accordance with The GDPR, as well as national statutory April and schools for first to fourth year the guidelines of the Norwegian Institute provisions regarding control measures in reopened from 27 April. From 11 May, of Public Health and other relevant the Norwegian Working Environment act, the rest of the primary and lower authorities. The guidelines are available still apply and must be followed with secondary school and the upper in an English translation here. regard to the protection of the privacy of secondary school reopened. customers and employees. Relevant measures include limiting The government has stated that contact between people and adopting Tracing apps employees should work from home as far strict routines for disinfection. Social as possible. Especially where the distancing is implemented in Norway and Mobile applications that trace movements employees are dependent on public people should keep a distance of at least and whom an employee has been in transportation to get to and from work. one metre from each other. In addition, contact with would most likely not be a people should not gather in groups larger legal control measure for employers. This The government has imposed a ten-day than 20. There are no official type of application would be too intrusive mandatory quarantine for anyone recommendations concerning mask and would, generally speaking, be travelling from abroad. wearing in Norway. unlikely to comply with the Norwegian Personal Data Act and/or GDPR. The government closed all businesses Businesses must provide written with particularly high risk of infection information regarding how to prevent The Norwegian government has however (such as fitness centres, swimming pools, infection for both customers and introduced an application for this purpose hair cutters, massage institutes, traffic employees. Information provided should that they have recommended everyone in stations, bars etc.) on 13 March 2020. be transparent, clear and updated. Norway to install, called ‘Smittestopp’. Starting from 27 April, some of these Businesses should have guidelines for The application is always active on the businesses were allowed to resume their work organisation including for working user’s mobile phone and will provide the activity under certain restrictions. On 7 from home. user with a warning if he or she has been May, the Norwegian government in contact with someone that is confirmed launched a plan to reopen society by For payment, cashless payment options to be infected with coronavirus. The gradually easing restrictions every 14 shall be preferred with contactless application is available on both iOS and days. solutions as the favoured variant. Android, and is currently under review by the Norwegian Data Inspectorate with Businesses where the employers are in regard to the protection of the privacy of close contact with its customers (e.g. the user. hairdressers etc.) must keep a register of Businesses that remained open or that all customers receiving treatment for 14 reopen must operate in accordance with days.
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An employer could recommend that all responsibility from the employer from the Employees that are, or are suspected to employees have this application installed fourth day. However, the employer has a be infected by coronavirus, or on whom on their phones. It is however unlikely duty to pay the care benefits in advance, quarantine is imposed can provide a that an employer could force unwilling as with sick pay. Both the employer’s and medical self-certificate for the 16-day employees to install it. An employee that NAV’s responsibility is capped at annual period. Employers are encouraged by the has the application installed and is made payment up to 6 times the National authorities to accept these self- aware of the possibility of being infected Insurance scheme basic amount (NOK certificates when the employee states should inform the employer of this, so 98 866), i.e. annual payments of total that the absence is related to protective measures could be taken NOK 593 196. coronavirus. Following this period, immediately. doctors can provide medical certificates For days exceeding these limits or documenting the illness by e-consultation outside these situations, the employee or by phone. must apply for leave without pay. Employees can also use vacation days or Quarantine applies for someone that has The Norwegian Labour and Welfare time off, subject to employer approval. been abroad, who must stay quarantined Administration (NAV) has stated that the for ten days from the day he or she rules on parents staying at home with Sickness and quarantine pay returned home. Home quarantine is also sick children also apply to parents staying used if someone have been in close home while kindergartens/schools were contact with anybody that has previously closed. These rules only apply if the child The is a temporary regulation governing or subsequently been confirmed as is 12 or younger during 2020. For sick pay related to the coronavirus infected. Close contact means contact disabilities or permanent health matters, situation in Norway. Both employees that closer than two metres for longer than 15 this also applies for children under 18. As are infected and employees that are minutes, or direct physical contact. a starting point, each employee has the suspected to be infected with coronavirus Quarantine lasts ten days from the day of right to 20 days of paid leave per are entitled to sick pay as long as their contact. calendar year if he or she has one or two absence from work has resulted in a loss children. If the employee has three or of income. Temporary support pay more children, he or she has the right to 30 days of paid leave per calendar year. The employer covers full pay for the first If the employee has sole care of the child three days calculated from the first day of The government does not foresee any or children, he or she has the right to 40 absence. Following this period, NAV pays direct reduction of labour costs if the days of paid leave if for one or two sick pay. However, the employer has a employment relationship is upheld as children, and 60 days of paid leave for statutory duty to pay the sick pay in normal. State support is primarily directed three or more children. advance from day four to day 16 through the rules for layoffs described (reimbursement can be claimed from below. The employer is only responsible for the NAV afterwards). Sick pay covered by payment for the first three days of NAV is equal to the employee’s annual absence. The employee is entitled to paid salary (up to six times the national leave for more than three days, but the insurance scheme basic amount. This government will take over the amount is adjusted yearly and is currently NOK 99,858).
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Reduction of working hours and salary: Restructuring This requires the employee’s consent or a process of constructive dismissal Employment contracts can be terminated Reduction of activity (termination of existing contracts and by dismissal in accordance with the terms offer of continued employment on new in the Working Environment Act. There The employer can decide to close the terms). However, this can expose the have been no changes to these terms workplace and have employees working employer to unfair dismissal claims. resulting from the coronavirus situation. from home in accordance with the current guidelines. The employer must facilitate Imposing use of vacation days: This is this work by giving guidance and possible to a certain degree. Employers information to employees on how to work can require employees to use saved The government is currently discouraging from home. vacation days (i.e. vacation days all non-essential international travel transferred from 2019) immediately. It is (stricter guidelines may apply in certain Layoffs: also possible to unilaterally require A more expedient measure in the sectors, such as healthcare). We employees to take part of their 2020 event of a temporary lack of work is recommend that travel guidelines are holidays limited to vacation days in layoffs. Layoffs must be given with written kept under constant review based on notice (notice period of two to 14 excess of 18 working days (unless official recommendations. calendar days, depending on whether the already agreed otherwise). You cannot situation is considered ‘unforeseen’ or impose use of the main holiday (18 In general, employers cannot decide not). During the notice period of two to 14 working days) outside the main holiday where employees travel privately. days, employment is maintained, and the period (1 June to 30 September). However given the government has employer must pay normal wages. After Employees are also entitled to at least imposed automatic quarantine on return the notice period, the layoff starts and the seven days consecutive holiday any other from abroad, and is advising against all employee has no duty to work. time of 2020 (one calendar week plus international travel, you can encourage Nevertheless, the employer has to pay one working day). We also emphasise employees not to travel outside the normal wages for two work days (the that the main rule in the Holiday Act is country. This cannot be formulated as an ‘employer-period’). After the notice period that an employer must notify the absolute demand. and the employer-period, the employer employee at least two months in advance has no obligation to pay salaries. The before unilaterally fixing holiday and after employer is exempted from the obligation consultation with the employee in to pay salaries for a maximum period of question. Depending on the need for 26 weeks during a period of 18 months fixing holiday and the economic situation Employers must consider the risk of (assuming that the conditions for lay-offs in the company due to the coronavirus direct or indirect discrimination against are still present). The employee must situation, it is permissible to deviate from employees on grounds of ethnic or apply to NAV for unemployment benefits. the two months’ notice rule. However, this national origin. All restrictions The employer can decide on full or partial has to be assessed case by case. implemented in the workplace must be lay-off (minimum 40%). For example, it is general restrictions, and in no way possible to lay-off 40% and still work directed towards employees of any 60%. particular ethnic or national origin.
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They must also be legitimate and The government has proposed a new proportionate, in order to avoid a later scheme for cash support to businesses claim of indirect discrimination. that are severely affected by the infection control measures. The aim for the scheme is to avoid bankruptcy for companies that were profitable before the Covid-19 situation. Reports to the authorities on employees that have tested positive for the More information can be found on the coronavirus or have travelled to a English version of the official web page of designated risk area may contain special the business compensation scheme. category data. However, given the Payments from the scheme are already special circumstances, employers can being made and is open to the public on report relevant data to authorities if this is the web page of the Norwegian tax necessary to fulfil their responsibility authorities (only in Norwegian). towards the authorities.
Claude A. Lenth
Norway Hjort [email protected] The situation is changing from day to day. This guide was updated on 8 May 2020. The due date for employer tax has been postponed from 15 May to 15 August Back to top 2020.
The due date for preliminary tax for companies has been postponed from 15 April to 1 September 2020.
The due date for VAT has been postponed from 14 April to 10 June 2020.
Most trials were postponed indefinitely. Sjur Obrestad Gabrielsen However, the courts have implemented Norway guidelines for digital trials and made other Hjort measures, and are gradually resuming [email protected] normal operations.
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such as food provision and measures for cleaning personnel must be telecommunications maintenance. ensured, as well as the availability of Peru The government has closed all schools, disinfectants, appropriate for the shopping centres, restaurants, bars If your employees are unable to go to characteristics of the workplace and the Last updated: among other businesses in Peru due to work at their normal workplaces, you may type of activity carried out, among others. 9/5/2020 the coronavirus. It has declared a State of implement remote working from home. National Emergency for 56 calendar You should set out the conditions for the Assessment of the employee's health days, and imposed quarantines. remote work and provide all necessary condition prior to reincorporation to the physical and digital support and any workplace: including, among others: The government has restricted travel by necessary training. public roads to those providing essential • identification of the risk of exposure goods and services, including food, Remote working does not apply to to coronavirus of each job, in medicines and basic necessities, employees with confirmed coronavirus accordance with article 6.1. of the assistance to the elderly and children, infection, nor to those on sick leave. In Guidelines, assistance to financial institutions, the those cases, the duty to provide services sale or purchase of fuel and emergency is suspended but this does not affect your • complete the coronavirus symptom call centres. obligation to pay them in the normal way sheet for each worker; (see point 4 below). At the end of any Everyone must stay in their homes from sick leave, the affected employee should • temperature checks on entering the 18:00 to 05:00 (in some departments, inform you so that you can start the workplace, from 16:00 until 05:00), except for strictly employee on remote working. necessary services in the provision of, • apply the coronavirus discard test for health services, water, sanitation, electric workers who rejoin to Very High, power, gas, fuel, telecommunications, High and Medium Risk jobs, cleaning and refuse collection, funeral The government have indicated that the services, and the transportation of cargo companies will return to work gradually in • actions to be taken when a and merchandise. Journalists may travel four phases, beginning in May. suspected case is identified in Low doing this time, provided they carry the Risk workers. requisite pass and those who require Each employer must create a plan in urgent medical attention are also allowed order to guarantee the safety and health Mandatory hand washing and to move. All court processes have been at work of employees. The guidelines that disinfection: the employer must ensure suspended. employers must consider prior returning the appropriate number and location of to work: hand washing points or alcohol gel Anyone not complying with these dispenser, for free use. One of these instructions will be liable for an Cleaning and disinfection of workplaces: points must be located at the entrance to administrative fine from PEN 86 to 430. prior to the start of daily work, including the workplace for washing and environments, furniture, equipment, tools, disinfection prior to the start of work As a general rule, employees should not stationery, among others. The activities. go to their normal workplaces to work implementation of security and protection unless they perform essential functions,
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Employers must install signs indicating There are also measures that the the correct procedure for washing and employer must adopt for the disinfection of hands. reinstatement of workers with risk factors As an employer, you must: (over 60 years, heart problems, high Infection prevention awareness in the pressure, weight problems, among • not change the nature of the workplace: inform staff about prevention others). The high-risk employees must employment relationship or the measures to avoid coronavirus infection, remain in quarantine until 9June and their employee’s pay or benefits unless the mandatory use of masks during the return to work must be authorised by the the changes are dependent on workday according to the level of risk at occupational doctor. attendance at the workplace or work, promote awareness of the favour the employee; importance of reporting symptoms early. The company must elaborate a plan including those points in conjuction with • inform employees about all health Collective preventive measures: such as the sectorial measures that will be issued and safety measures that must be adequate ventilation of the working by government during this month. observed whilst working remotely; environment, cyclical renewal of the volume of air, mandatory 1-metre • communicate to employees any distance between employees, cleaning decision you take to change the and disinfection of footwear before place of work in order to enable entering common areas of the workplace, Protecting privacy remote working. among others. In camps, a distance between beds of 1.5 meters must be You can get a statement from an You must identify any employees that are maintained. employee that indicates that he/she is in at risk through age or for health reasons good health. Employers must also so that you can ask them to work Personal protection measures: the implement medical examinations for their remotely. If it is not possible for people to employer must ensure the availability of employees to be sure of the medical work remotely, you should make an personal protective equipment and status of each employee. The agreement with your employees about implement measures for its correct and occupational doctor must authorise the how they will be compensated for non- mandatory use. employee to work if his/her health status worked hours. Note that if there is no allows it. agreement between parties, the Surveillance of employee health in the employees will be entitled to ‘paid context of the coronavirus national health Tracing apps licence’. This means that you pay emergency: including body temperature employees for time not worked, but when checks at the start and end of the Employees cannot force employees to the state of emergency is over, they will workday, coronavirus testing for workers install a tracking app or withold their need to work to compensate you for what who register body temperature over 38ºC salary for refusing to do so. you have paid. It will be open to you to and notifying SUNAFIL in the event of a waive some of their non-worked hours, if case of coronavirus infection in the you wish. workplace.
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Sickness and quarantine pay During the state of emergency, Before requesting a ‘perfect suspension’, employers who cannot implement remote the employer must exhaust alternatives to If an employee is sick with coronavirus, work or apply the paid leave absence, maintain employment and remuneration the employer must pay for the first 20 due to the nature of their activities or the by implementing alternative measures. days of sickness. EsSalud will pay after level of economic impact, can adopt Exceptionally, the ‘perfect suspension’ of that for up to 11 months and ten days. measures to maintain employment work may be applied according to the However, if an employee earns less than relationships and continued payment of procedure set out. The measures PEN 2,400 per month then EsSalud will remuneration, privileging the agreement adopted apply up to 30 calendar days pay also for the first 20 days of sickness. with the employees. after the end of the Health Emergency, that is, until 9July 2020. Temporary pay support Exceptionally, the employers referred to in the previous paragraph can implement If the procedure is not approved by the The government has announced that what is knows as ‘perfect suspension of Labour Authority then then employer will employees’ pay will be subsided to the work’ (unpaid leave of absence), by have to pay the unpaid salaries to the tune of 35% of salary for those earning submitting a virtual communication to the affected employees. up to PEN 1,500 per month (only for Administrative Labor Authority as an April). Additional support is available for affidavit giving the reasons for it. people in extreme poverty. The perfect suspension of work applies in Peru’s borders have been closed and the the following cases: international transport of passengers is suspended, by land, air, sea and river. • It is impossible to impose remote This measure went into effect from 23:59 work due to the nature of activities Employers are not at liberty to dismiss on Monday 16 March 2020, and any which require the presence of the passengers entering Peru before this employees if their job is suspended (e.g. employee for operational reasons. because they are on sick leave). If the job must quarantine for 15 calendar days. is not suspended and an employer wants The transportation of cargo and • It is impossible to use paid leave to dismiss an employee on, say, merchandise is not included within this with due to the nature of the disciplinary grounds, this is possible, but temporary closure. activities. it might make more sense to do this after this emergency is over because the There are also severe restrictions on employee may claim they are not in a • it is not reasonable to compensate urban transport including transport position to defend themselves from any non-worked time due to the level of between the provinces, effective from the accusation made by employer at this economic impact. same date. Again, cargo and time. merchandise are exempt. • The employer is in a difficult If employees are in agreement to take economic situation. Employees who cannot get back into the annual leave, this can be done. The country or return to their home city are same applies if employees agree to a (see the annex of the Supreme Decree expected to work remotely from where reduced salary or unpaid time. Nº 011-2020-TR). they are.
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to ensure compliance with the measures ordered by the government and citizens As an employer, you must ensure not to are required to collaborate in good faith. discriminate against sick employees, as that would be considered as a hostile act. Back to top
Only hospitals and medical centres are authorised to report coronavirus cases. Employers have no power to do so and no obligation.
However, you should initiate awareness campaigns to ensure your employees
stay as safe as possible at the workplace José Antonio Valdez and should ask employees with any Peru respiratory illness, or who have made Estudio Olaechea trips to infected areas, to have get [email protected] themselves tested at a medical centre. You, as an employer, are not entitled to know the result, as this constitutes sensitive data. If an employee voluntarily tells you they have the coronavirus, you should process this information according to the principles of confidentiality and security.
The Government has rescheduled the Juan Carlos Valera deadlines for filing and paying tax. Peru Estudio Olaechea [email protected] The Peruvian National Police and the armed forces have the power to use force
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they are providing direct service to You should provide employees with customers or clients. proper personal protective equipment Poland Schools in Poland are closed. In the (disposable gloves or hand sanitiser). event of school, nursery or kindergarten The organisation of gatherings is You should also promote regular and Last updated: closure, employees can take vacation prohibited. Zoos and playgrounds cannot thorough hand washing in the workplace 8/5/2020 leave, work from home or apply for a care be used. and provide instructions on what to do if allowance for a period of up to 14 days (if someone shows signs of coronavirus his child is younger than eight years old): When walking, a two-metre distance infection. You must also ensure a in this case absence will be justified and between people must be maintained distance between the employees’ partially paid by the state. This allowance (except for children under 13 years of workstations of at least 1.5 metres, has been extended for the period in age, care of the disabled and residents of unless this is not possible due to the which schools, nurseries or kindergartens the same household). In buses or trams nature of the activity carried out. Personal are closed, but no longer than until 24 not more than half the seats can be used. protective equipment should be provided. May. After this time, employee may file for the ‘normal’ childcare allowance for up There are restrictions on catering and The National Labour Inspectorate has to 60 days. Longer absence for this drinks service on premises in restaurants; published some guidelines for employers reason can be also justified, but not paid. the organisation, promotion or (in Polish). Useful general information management of events; cinemas and can be also found on General Sanitary You can require employees to work casinos; beauty salons, hairdressers, Inspection website. remotely. In practice homeworking is tattoo parlours, gyms, fitness clubs and agreed with employees. During other similar activities. quarantine, employees can work from home. If an employee cannot or chooses not to work, his or her absence will be Protecting privacy justified and partially paid. Where remote Hotels have reopened, but cannot work is not possible, you may also decide operate restaurant or bar service other You can ask employees whether they to close the workplace or grant the than room service. Libraries, archives have been in high-risk regions or if they employee unused vacation leave from and museums have reopened. Shopping have been in contact someone with previous years. centers have reopened subject to the coronavirus. The basis for processing this following restrictions: maximum one information will be processing of personal Government-implemented restrictions person per 15 m²; customers must wear data in order to fulfill legal obligations include an obligation to cover mouth and disposable gloves (individuals who (Article 6(1)(f) GDPR), in this case the nose using a mask, protective helmet or cannot put on or take off gloves due to a obligation to ensure safe and healthy other face covering, in particular on public physical or mental health condition or working conditions. transport, in places accessible to the disability are exempt) and use of face public or in workplaces and public coverings or masks; shops must disinfect buildings. This does not apply to the cash desks and provide hand individuals carrying out professional, sanitiser. business or commercial activities in workplaces and public buildings unless
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The National Labour Inspectorate states employee’s privacy and cannot be A person who has been quarantined (or that an employer is not entitled to assess justified by provisions on health and whose family member has been the employee’s health itself. It is safety at the workplace. An employer quarantined) by order of the Sanitary debatable whether an employer can send could introduce an app to check if the Service is released from work and an employee for a medical check-up if he 1.5-metre distance between the entitled to remuneration/sickness benefit or she shows symptoms (cough, high employees’ workstations is respected. after completion of quarantine and temperature). Therefore, if you become This type of app could be used without notification (unless he or she can work aware of symptoms, you should suggest employees’ consent. If an employee remotely). the employee reports him or herself to the refuses to use the app, the employer epidemiological authorities, so they can cannot stop payment of salary, but other Temporary support pay decide what further actions should be measures could be taken (e.g. taken and if the employee should be disciplinary sanctions or in extreme Co-financing of employment costs of ordered to stay on quarantine. cases, dismissal). stoppages
While introducing workplace tools to During stoppages related to coronavirus, control the spread of coronavirus, you salary can be decreased to 50% (but not should make sure that the data Sickness and quarantine pay lower than the minimum salary, PLN minimisation rule is observed. These 2,600 for full-time work). The state will tools should be limited to the workplace An employee whose sickness is finance up to PLN 1,300 of the decreased and should not interfere with employees’ confirmed by a medical certificate issued salary per employee together with social privacy. Employers cannot track by a doctor is entitled to sickness pay and security premiums due on this amount. employees’ activity outside of the sickness benefit both in the amount of workplace and working hours. If employer 80% of his or her salary. This is paid by Co-financing of employment costs for finds out that employee is infected with the employer for 33 days in a given decreased working time coronavirus, it is permissible to use this calendar year. Sickness benefit is information for ensuring health and safety financed by the state. The same rules You can shorten working time because of in the workplace (e.g. disinfecting), but apply to quarantine ordered by proper coronavirus by up to 20%, but not below the employer should not inform other authorities unless an employee is working half of normal working time. Minimum employees that this particular employee from home in which case he or she salary requirement still applies. Half of was infected. receives full remuneration from the the decreased salary (but not more than employer. Care allowance is also 80% of 40% of national average salary (now this Tracing apps pay and is financed by the state. In the 40% is approx. PLN 2.079,43)) together event case workplace closure, each with social security premiums due from Apps with limited scope for data tracking employee should be paid according to his this amount will be financed by the state. may be allowed where the processing of or her individual monthly or hourly rate of personal data is designed to mitigate the basic pay and if this has not been potential negative effects of coronavirus. identified, 60% of salary. Otherwise, the scope of information gathered on employees can be excessive, would interfere with
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The two aids above can be granted for up Terms and conditions for these three preceding 2020) without their consent. to three months. Neither can cover solutions must be agreed with trade For current vacation leave (for 2020), the employees who earned more than PLN unions or employees’ representatives and situation is less clear. In practice with 15,595.74 gross in the month preceding provided to the labour inspectorate within employee’s consent, you can send them the month in which the employer requests five days. on holidays. Without consent, the co-financing. You would not be able to employee can challenge the decision by terminate employment contracts for Special solutions for drastic drop in claiming that vacation was misused for employees who are covered by co- turnover the purposes of sanitary isolation. financing for economic reasons for the duration of the co-financing. For micro, small and medium businesses Unpaid leave: This is only possible with that experience drastically reduced employee’s consent. Changes in working time and terms and turnover for two consecutive months of conditions of employment 2020 compared to two analogous months Reducing roles to part time / lower wages of 2019, co-financing is available from 50- on a temporary basis: Individually: You can: 90% of employees’ salaries depending on employees’ consent is required. If the decrease in turnover (from minimum employees do not agree, employers can • limit the daily resting period from 11 30%). Co-financing can be granted for up impose changes by the so-called to eight hours and the weekly resting to three months. During co-financing, ‘changing notice’ (notice on alteration of period from 35 to 32 hours; employees covered by it cannot be terms and conditions). This must be dismissed regardless of reasons. justified and the notice period must be • implement compensatory working observed. Employee’s consent can be time system where daily working All four options are only available to given in any way (e.g. by email), not time is prolonged to 12 hours and companies with no tax and social security necessarily in writing. Any proof of compensated by shorter working arrears (with minor exceptions) and can confirmation of acceptance is sufficient. If time on other days (in settlement cover both employees with employment the changes are implemented without period up to 12 months); agreements and workers with civil consent and without changing notice, contracts. employees can claim for payment of their • apply less favourable terms and normal remuneration (from before the decrease). conditions of employment than in employment contracts. Collective agreement with employees’ representatives: If justified by the To be eligible for the three types of aid Reduction of activity above, turnover must drop by at least organisation’s financial situation, it is possible to conclude an agreement with 15% in two consecutive months of 2020 Various solutions to reduce costs and employees’ representatives (appointed compared to analogous months of 2019 activity due to coronavirus are available. (not necessarily calendar months) or by under standard procedure in the absence of trade unions). Under this agreement, at least 25% in one month of 2020 in ‘Forced’ holidays: You can require working time and remuneration can be compared to the preceding month (not employees to take overdue vacation reduced and provisions of remuneration necessarily calendar). leave (i.e., outstanding leave for years and bonus regulations can be
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collective agreement does not require need to be followed. For any redundancy health threat Companies should refrain additional individual agreements with the (collective or individual) a proper reason from business travel. employees. However, employees should must be given (in the pandemic context, be notified. this would include reduction of workforce or liquidation of the job position). Restrictions from these collective You should avoid discrimination against agreements can be introduced for up to employees who have an ethnic three years. The agreement must be background associated with the written and cover all essential elements Entry to Poland of non-Polish nationals is coronavirus or who are confirmed or (in particular the period for which the limited as of 15 March 2020. Borders suspected to have contracted the working time and remuneration are remain open only for certain categories of coronavirus. Other employees should be reduced, and the amount of the foreigners, i.e. with permanent and treated equally, for example in terms of reduction). You must notify the National temporary residence permits as well as being allowed to work remotely. Labour Inspectorate (PIP). work permits. Limitations do not apply to spouses and children of Polish citizens or Postponing social contribution payments: to EU citizens residing in Poland. All You can apply to ZUS (the Social international flights and trains to/from Insurance Institution) to postpone social Although, there is no such express legal Poland have been suspended. contribution payments. To do so you obligation so far, it is recommended you Temporary border controls with must complete and submit short immediately inform the proper sanitary Schengen countries have been restored. form/motion to ZUS. authorities of any justified suspicion of Only selected land and sea borders coronavirus in the workplace, in particular remain open. Stoppage: If there is lack of work due to if symptoms were detected. coronavirus and the organisation cannot Anyone entering Poland is subject to 14- operate, you may order a stoppage (i.e. day home quarantine with all family interruption of work). For this time, members living in the same household, employees who cannot work (but are except individuals crossing internal EU ready to work), are in general entitled to borders (Germany, Czech Republic, base pay only (in specific very rare The work of courts has been limited. Slovakia, Lithuania and sea borders with cases, 60% of pay). Pay for the stoppage Denmark and Sweden) travelling for the cannot be lower than minimum statutory Specific financial fines have been purpose of work in Poland or in a implemented in order to prevent spread wage (PLN 2,600 gross in 2020) in any neighbouring country. case. of coronavirus; for example breach of obligation of quarantine is subject to a Edyta Jagiełło No restrictions have been imposed on Restructuring fine up to PLN 30.000 Poland exit traffic from Poland, however if an Raczkowski employee is ordered to travel to a place Employers can also restructure their Back to top [email protected] where the risk of a disease is high, he or organisations by making people she can refuse, proving that is poses a redundant. If specific headcount is met, the collective dismissal procedure will
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There will be three distinct phase: 4 May, organisation. Share these plans with 18 May and 1 June. employees and provide them with Portugal Following the end of the state of relevant emergency contacts. emergency, Portugal is currently under In the first phase some stores that were Last updated: what is known as the ‘state of calamity’ forced to close by the state of emergency Provide tissues and hand-sanitiser and 8/5/2020 until 17 May 2020. This could be were allowed to reopen (small encourage their regular use. Encourage extended or altered in view of the businesses, notably stores up to 200M2 staff to wash their hands or use hand evolution of the epidemiological situation. and hairdressers). If coronavirus sanitiser on arrival in the workplace after infections do not show a significant leap, using public transport and after coughing There is a mandatory confinement two weeks later, on 18 May, more or sneezing. Use posters and other visual obligation on coronavirus patients and businesses will reopen, including material, to make the message more anyone infected with SARS-Cov2. restaurants. effective. Regularly clean frequently touched communal areas (door handles, A civic duty of home confinement has As the pandemic continues in a controlled kitchens, toilets, keyboards, phones and also been imposed, except for authorised way, the third stage will see the opening desks). movements, such as journeys for of more commercial spaces, particularly professional activities or similar and for large stores, including shopping centres. If someone falls sick with coronavirus: health reasons. AT this stage, telework may be partial, with different working schedules. Clean and disinfect the ‘isolation’ area Social distancing should be observed in where the infected person was kept; any case and the maximum capacity of For stores the following rules, among public transportation and theatres and others, should be respected: Reinforce cleaning and disinfection, cinemas, for example, has been reduced. especially in areas frequently used by the • Five people per each100M2, infected person, their work area and Face masks or visors are mandatory excluding attendants/employees. materials and equipment used by them; when accessing or working in commercial • Minimum distance of two meters Store the confirmed case’s personal or services spaces, in customer service between individuals. spaces or buildings, at schools and in belongings and all the material used in public transportation. • People should stay in the store only the isolation area (gloves, masks, tissues, the time strictly necessary to acquire etc.) in a plastic bag, to be closed, the goods. segregated and sent to an authorised operator licensed to treat hospital biological hazard residues. Several premises and establishments If your business is open or will be remain closed, but a calendar for the permitted to reopen, you should create general reopening or reestablishment of contingency plans addressing the retail, services, schools, sport and potential effect of an infected employee cultural activities has been approved. on the organisation, how to deal with a possible infection case and what to do if there is an infected person in the
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You should assess: notably software, to monitor and record checking employees’ body temperature. performance, working hours, In terms of payment, please see 4 below. • Activities that are indispensable to maintain the company running. inactivity time, visited web pages, real • Essential resources (raw materials, time location of a terminal or the usage of peripheral suppliers, logistics) to keep the Sickness and quarantine pay organisation running and to satisfy devices (i.e. mouse and keyboard), The normal sick leave waiting period clients’ basic needs. among others. (three days) does not apply to • Staff required to guarantee the coronavirus situations: employees are above. Consider training additional Regarding the collection and recording of paid in full from the first day of absence. staff to replace them if they cannot employees’ health related data (eg: body The state bears the cost. come to work. temperature) or other risky behaviours • Staff that have higher risk of If a doctor orders quarantine, employees which may indicate coronavirus infection, are entitled to be paid in full for the first infection. the CNPD 14 days. After the 15th day, normal sick • Activities that may use alternative leave pay percentages will apply. The forms of work (telework, clarified that this cannot be carried out State bears the cost. videoconferences, teleconferences directly by the employer, but by the health and client’s remote access). authorities (e.g. occupational health If you as employer impose quarantine on professionals) or by employees an employee, you bear the cost of the themselves, through self-monitoring. employee’s quarantine, even if the employee cannot effectively work from Nevertheless, after publication of this home. guidance, the Government approved Protecting privacy special legislative measures allowing Temporary pay support employers to monitor employees’ body The Portuguese Data Protection Authority temperature. In any case, employees During the simplified lay-off period (CNPD) has recently issued guidelines on keep their privacy rights: any link (please see above), affected employees the rules regarding remote monitoring of between body temperature record and are entitled to receive two thirds of their employees on telework, and on the the individual’s identity is forbidden. normal gross salary, between a minimum possibility of companies directly of EUR 635 and a maximum limit of EUR monitoring employees’ health data and Tracing apps 1,905. The cost of this is borne 30% by risk behaviours. the employer and 70% by social security. Apart from the -guidelines mentioned Regarding telework, the CNPD clarified above, neither the CNPD nor the that it is not lawful to use remote Government have issued further surveillance, instructions on this topic. Therefore, in our view, employers may not compel staff to install an app, and are limited to
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redundancy within a 60-day period after the end of the layoff.
Reduction of activity In addition to the measures described above, the following measures have been Special measures have been enacted Limit work trips to the bare minimum and approved: aimed at preserving the employment level set up approval mechanisms for trips that and mitigating company crisis situations. are considered essential. Use telephone • Until the end of the application of the They allow companies to access a or videoconferencing where possible prevention, contention, mitigation simplified layoff regime. This temporary instead. Work travel to especially and treatment of the coronavirus regime (which lasts one month, with the dangerous areas should be forbidden. epidemic, unilateral terminations by possibility of renewal up to a maximum of Personal travel can be discouraged, but the landlords of lease contracts for three months) allows the reduction of not prohibited. housing or non-housing purposes, working time or the suspension of the and mortgage foreclosures on employment contracts and salary residential property are suspended. reduction (partially paid by the employer and by the social security). • Flexibility has been introduced to Restrictions on workplace access should deadlines to comply with tax Unless otherwise agreed or set out in the be based on objective reasons, for obligations foreseen for the second applicable collective bargaining example, people who have travelled to quarter of 2020. agreement, employers cannot impose high-risk areas in the last 14 days. holiday unless it is during the period • Special advanced tax payments between 1 May and 31 October. have been postponed from 31 March to 30 June. Outside of the layoff mechanism, salary If an employee has symptoms, he or she reductions are not generally allowed. must contact the National Health • The Corporate Tax return (Modelo However, it is always possible to reach Services helpline. If symptoms are 22) filing deadline has been an agreement regarding reduction of the considered a potential coronavirus postponed to 31 July. working time (with a consequent salary situation, but the health services do not reduction). confirm infection, the employee must • Payment of the social security inform you and you must inform the contribution due on March 20 has Restructuring medicine at work services. If symptoms been suspended. are considered a potential coronavirus General mechanisms to terminate situation, and the health services confirm Back to top Inês Reis employment contracts still apply, notably the infection, the Health Authority will Portugal individual and collective redundancies. inform you. pbbr However, employers that have used the [email protected] layoff mechanism described above are prevented from carrying out any
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activities will gradually restart after 15 monitor and prevent the spread of May (e.g. some health & personal care coronavirus within the organisation, you Romania Romania is currently in lockdown, as the establishments, museums, hotels and should consider the data protection state of emergency has been prolonged some commercial activities). However, implications and the need to ensure Last updated: until the 15 May 2020. This will be this has not been expressly established compliance with GDPR principles and 11/5/2020 followed, most probably, by a state of by law and certain changes of approach requirements. alert. may occur before 15 May. You should ensure the lawfulness and Circulation is still prohibited, as a rule, The gradual relaxation of the currently legitimacy of the processing by with a series of justified exceptions and applicable measures, as well as further determining the legal basis under Article based on justifying documents. actions or measures imposed on 6 of GDPR and the guarantees under reopening activities and businesses and Article 9 of GDPR (the latter, if sensitive Activities taking place indoors, such as for general movement general (e.g. data, such as health data, will be cultural, scientific, artistic or religious mandatory mask wearing, further collected) before starting processing and activities, sports and entertainment, as distancing guidelines or population document the assessment and the well as serving and consumption of food testing measures) are still the subject of decision-making. products, alcoholic or non-alcoholic ongoing discussions in the competent beverages in restaurants, hotels, cafes authorities. The Romanian Data Protection Authority etc. remained suspended. has issued brief guidance on processing Currently, tests are only conducted by the heath data in the coronavirus context, All schools in Romania are currently state authorities and some private pursuant to which, there are several closed until the end of the current school medical entities,. According to the current guarantees (Article 9) that, if applicable, year. Subject to conditions (for example, legal framework, medical examination is allow the processing of health data. when work from home or telework is not mandatory when activity is resumed only These include meeting legal obligations possible), parents may take days off to in there is interruption of activity for at towards employees (including on health supervise their children in this context, least 90 days (for medical reasons) or for and safety at the workplace); processing receiving an allowance of 75% of base at least six months (for any other reason). as part of activities related to preventive salary for a working day, currently capped However, the occupational doctor is medicine; public interest in the area of at RON 5,429, settled from the state entitled to perform testing on resumption public health, such as protecting against budget. The authorities plan to extend the of activity, whenever considered cross-border threats to health; and application of these provisions for a necessary. individuals’ consent). period of time after 15 May and until the end of school year, but such In ensuring the fairness and transparency amendments are still under discussion. of the processing, employers must assess whether the existing privacy Protecting privacy notices cover the processing intended to mitigate coronavirus, or if they need to supplement these privacy notices or When planning to collect employees’ According to the recent official adopt new ones. statements, only some suspended personal data as part of the efforts to
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In any case, employers should limit the governments and society by giving an disclosure of their employees’ personal insight on users and/or subscribers’ data as much as possible, especially movements, which is possible by using Sickness and quarantine pay health data. In cases when employers electronic communication data, such as must comply with reporting obligations mobile location data. No updates from a labour law including sensitive data, they must limit perspective. the reporting to what is legally required Under the Romanian law transposing the and ensure that disclosure is made only e-Privacy Directive, processing of Temporary pay support to the public authority that is officially location data of users and/or subscribers competent to receive the information. to analyse their movement is possible if: State support in order to pay for technical unemployment allowances is provided for If an employee tests positive, internal • the data is anonymised; or employers that, due to the effects of the disclosures of the concerned employee’s coronavirus crisis, temporarily reduce or identity should also be limited except • the express prior consent of the user interrupt their activity during the state of when strictly necessary to investigate and and/or subscriber to whom the data emergency. identify the individuals who were in relates is obtained. contact with the employee who is or may According to official statements, the be infected with coronavirus. From an employment perspective, it is central authorities also plan to grant not advisable to use employees` consent some form of support to the affected As the efforts to monitor and prevent the as legal basis for processing. businesses after the state of emergency spread of coronavirus will, in some cases, Consequently, it is advisable for data ends, for a limited period of time and involve processing of sensitive data, the controllers to use anonymous data when under certain conditions that are still to be processing operations may result in a it comes to implementing a tracing app. enacted. high risk to the rights and freedoms of employees, in which case employers With regard to the use of an app, a must perform a data protection impact processing activity that implies an assessment (DPIA). obligation on employees` part to install a monitoring app whereby the employer Reduction of activity In order to address the concerns has access to data will not comply with described here, as well as other data the GDPR as there is a significant risk of Using up annual leave: You can suggest protection requirements, employers may the processing being deemed excessive. employees use untaken annual leave wish to establish internal dataflow to Employees could be encouraged (but not days from previous years, but cannot document how they would collect, use, obliged) to use the app for prevention impose this upon them. retain, share and secure any personal purposes without giving the employer data as part of coronavirus action plans. access to location data and/or alerts.
Tracing apps
Romanian telecom operators have expressed their commitment to support
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Unilateral work schedule and salary reason when, based on justifying Currently, flights to and from Italy, Spain, reduction: When a temporary reduction of documents/solid evidence (such as a Germany, France, Austria, Belgium, USA, activity for economic, technological, grounded business case and an internal UK, the Netherlands, Turkey and Iran are structural or similar reasons exceeds 30 decision issued by the competent suspended. Entry to Romania by foreign working days, employers can reduce the corporate body to approve the citizens and stateless individuals is working week from five to four days, with redundancy), it can be objectively restricted during the state of emergency, the corresponding reduction in salary until sustained that the position is no longer subject to exceptions. the situation is remedied, after consulting necessary in the company and the employee representatives. There must be purpose does not appear to be solely the an appropriate business rationale for the removal of the employee. decision. No updates from a labour law Another legal requirement for a valid perspective. Termination: Employment agreements dismissal for redundancy is that the can be terminated on grounds not related position is effectively cancelled, meaning to employees on the employer’s initiative, that the respective job position is based on a grounded business case and definitively eliminated from the following a complex procedure. The legal organisational chart and is not renamed No updates from a labour law framework also allows mutual or recreated before or immediately after perspective. termination, in which case employees are the cancellation. usually substantially compensated, which may not be currently feasible. The legal requirements an procedure for restructuring have not been amended Force majeure: According to the official during the current state of emergency. statements by the labour authorities, Employers are advised to follow the Since the initial establishment of the state suspension of an individual employment normal legal requirements and, where of emergency, ten military ordinances agreement by effect of law for force possible, to avoid dismissals. and other acts imposing a series of majeure cannot be applied as a specific measures have been adopted. preventive measure in the t context of the coronavirus epidemic. From an employment law perspective, the implications for the businesses mainly During the current state of emergency, Restructuring concern the limitation of activities (with general movement (including travel) is corresponding entitlement to state still strictly limited. Anyone coming or Under Romanian employment law, the support, see above), plus general returning to Romania from an restrictive measures regarding movement implementation of a restructuring process international trip either enters 14-days requires that the cancellation of a job and the organisation of, and access to, quarantine (for red-labelled countries) or business locations. position must be based on real and 14-day isolation (all the other countries, serious reasons. which are currently yellow-labelled). The updated list is available here (in According to the law, the cancellation of Romanian). the job position has a real and serious
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During the state of emergency, the of the budgetary debts established • During the state of emergency and personnel of the Ministry of Internal by judicial decisions in criminal 30 days after its completion, no Affairs is empowered to require and matters are suspended or will not interest and penalties are due for the check the justifying documents of start, from 21 March until 30 days late payment of rates from unpaid employees who still have to after the end of the state of schedules. travel/commute to work. Non-compliance emergency. is punishable by administrative penalties • The deadline for submitting annual and, in certain cases, even criminal • During the state of emergency, financial statements for the 2019 sanctions. measures of forced execution by financial year and the annual seizure of the budgetary, fiscal, accounting reports completed on 31 Other measures concern, for example, financial and commercial debts that December 2019 is extended until 31 the justice system, and provide, mainly, apply to monthly rights paid through July. the suspension of the statute of the territorial or sectorial pension limitations and the continuity of judicial houses are suspended or not • During the state of emergency, small activity only in cases of particular started. and medium-sized enterprises emergency. For the period following the holding an emergency situation state of emergency, the Ministry of • Indemnities granted during the state certificate issued by the Ministry of Justice has drafted a guide of of emergency are not subject to Economy, Energy and Business recommendations and protective enforced execution by seizure during Environment, benefit from deferred measures for the resumption of court the duration of their grant, regardless payment for utilities (electricity, activity (available here, in Romanian: of the budget from which they are natural gas, water, telephone and http://www.just.ro/wp- granted. internet) as well as deferral of rent content/uploads/2020/05/stare-de- payments for the social urgenta-recomandari-instante-si- • Taxes for technical unemployment headquarters and secondary office parchete-post-stare-de-urgenta- are declared and paid until the 25th buildings. 060420.pdf). of the month following the collection from the state budget. There are other measures relating to Tax measures benefits, bonuses, deductions and other • The deadline for submitting the derogations regarding corporate income • Tax obligations due starting with 21 notification of restructuring intentions tax, microenterprise income tax, VAT, March and unsettled until 30 days is extended until 31 July 2020 and income tax and social security after the state of emergency ends, the deadline for submitting contributions, excises, local taxes and are not considered outstanding tax restructuring requests is extended other specific taxes. obligations and no late payment until 30 October 2020 (note: this Gabriela Dinu interest and penalties will be restructuring refers to budgetary Back to top Romania calculated and owed in this respect. obligations outstanding at 31 NNDKP December 2018 for debtors with [email protected] • The measures for forced execution debts of RON 1 million or more). by seizure with the exception of enforced executions for the recovery
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included in regional government • Provide measurement of body Russia decisions (e.g. continuously operating temperature for employees in the In Russia, restrictions depend entirely on companies), subject to the coronavirus workplace. situation in their region. For example, in the region. In Moscow (and some other • Provide hand sanitiser and face Last updated: regions), the ‘stay home’ regime has Moscow, companies whose activities are 11/5/2020 been prolonged until 31 May. All public not directly prohibited by the Decree of masks, educate staff on their use events nationwide are still banned, and the Mayor of Moscow may continue and encourage regular use. restrictions for people over 65 and those working (however, the list is very limited). • Regularly clean and air the suffering from chronic illnesses are workplace, including using sanitisers maintained. A movement monitoring where necessary. system, meaning individuals can only • Ensure compliance by employees leave home with an electronic pass (or for On 11 May, the Russian President a limited list of purposes such as going to with social distance (no less than 1,5 announced the end of the nationwide metres), including applying special the nearest shop, pharmacy, walking a non-working regime. From 12 May, markings and establishing a special dog), remains in effect. Individuals apply restrictions will gradually ease subject to for the pass via a website using a private decisions of regional heads depending on regime of access and stay in account. For those who work ‘offline’ the situation in each region. Most regions buildings. during the containment period (if their are maintaining restrictions. • If an employee falls sick, ensure that employer’s activity is not restricted by he or she does not continue working. regulations), the electronic pass may be You have a duty to provide employees • Disinfect any areas where exposed issued for the whole period. Otherwise with safe working conditions and individuals must apply for a one-day employees have been, do protection and to keep them informed. single-use electronic pass for a specific We advise you to: temperature checks on all purpose. employees and suspend any that • Appoint someone (e.g. an HR have a high temperature. Failure to Schools, shops (except for grocery comply with the requirements stores), beauty-related businesses, person or Health and Safety official), restaurants, parks, gyms, etc. in Moscow to monitor and review guidance from (including providing information to (and some other regions) are closed. governmental bodies and be a point the authorities, see 8) may lead to Restaurants and cafes can only provide of contact for concerned employees. liability of the employer and its takeaway services. In many regions, • Consider legal requirements prior to officials. masks and gloves are mandatory in implementing changes to terms and public spaces and on transport. Subject conditions of employment. Legally, you cannot force an employee to to regional regulation, a limited list of undergo a medical examination. If an businesses can continue ‘offline’ • Keep employees informed via employee refuses to undergo operations. Others should either stay emails, training and visual materials examination and/or the concerns are not closed (and continue paying regular (including on sneeze etiquette and proved, you will not be able to suspend or salaries to employees) or transfer all handshake hygiene) without causing dismiss them. You can ask employees employees to remote employment. The panic. whether they are infected but employees restrictions do not apply to the companies
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are not obliged to answer. The data must be kept secure and responsible for payment, though you pay confidential. Security measures must be out the benefit and reclaim from the adequate given the sensitive nature of Fund. The rate of sickness benefit data being processed and types of depends on how long the employee has security threats. been insured with the Social Insurance Fund, varying from 100% of salary to Protecting privacy There are also issues around the need to statutory minimum wage. Employees monitor remote performance and ensure must provide a sick leave certificate on Russian laws do not set out specific higher level of cybersecurity to protect their return to work. You must not dismiss requirements or guidance on personal confidential information (personal data, an employee who is absent from work data processing in the current scenario. trade secrets). In light of this, you should because of illness, unless the business is You should comply with general data review existing cybersecurity practices liquidated/wound up, or its activities are protection requirements, focusing on the and implement new ones, such as setting terminated. following principles: out the rules for corporate asset use and carrying out technical monitoring of such If an employee is officially quarantined, There must be a legal ground for the use. The rules should properly their time will be paid as if they were on data processing. Russian labour laws implemented and communicated to sick leave. establish that employees’ health data employees. may be processed to an extent necessary Temporary pay support to consider their capacity to work. As Tracing apps explained by the Russian data protection authority, this may be used as an According to the temporary rules (from 20 appropriate justification for health data Legally, unless directly linked to March to 1 July 2020), sick leave due to processing currently. However, this legal fulfillment of job duties, employers cannot coronavirus quarantine is paid by Social ground is quite narrow, so data compel an employee to install any apps. Insurance Fund for the whole period of processing activities should be assessed If an employee refuses to install an app, quarantine (14 calendar days). on a case-by-case basis. the employer cannot deny him or her access to the workplace or stop salary payments. This could only be done by Individuals must be notified of data following the mandatory procedure in the processing. This should be done via Russian Labour Code. public notices placed in the organisation’s Reduction of activity premises and proper implementation of local privacy policies (or update of The most commonly used measure is existing ones). transferring employees to remote Sickness and quarantine pay employment. Russian labour law also The data must be deleted in a timely provides for several options to impose manner. The Russian data protection If an employee is sick, you are reductions of working hours, reduction in authority recommends that body responsible for paying the first three days’ force, etc. temperature measurements are deleted sickness benefit. From the fourth day of within a day after collection. absence, the Social Insurance Fund is
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All measures affecting agreed working During the containment period in Moscow special authority in the applicable conditions require either employee and other regions, employees aged 65 collective bargaining agreement. consent or employers to follow the formal and over and people with chronic legal procedure of unilateral change to diseases should self-isolate. There is an Depending on the number of employees employment conditions (which has exception to this measure for top to be made redundant a workforce restrictions). All changes should be managers, whose presence in the reduction process may take from two to formalised in writing. There is no workplace is critical to the functioning of three or four months. Where there is a gardening leave or sabbatical in Russia. the company. You also should suspend trade union operating in the company, the If the employer cannot provide employees who are 65 or over or who employer is obliged to consult with it employees with work due to the suffer from chronic diseases from work. about the dismissal of its members. pandemic, it can impose paid downtime Violation of this obligation will incur with compensation of two thirds of the Restructuring administrative liability for the company employee's regular salary. and its officers. It also risks the dismissal According to a Presidential Decree there being held to be illegal, with Employees who are not sick but are is a moratorium on dismissals during the reinstatement of an employee at work, asked to remain away from work because containment period. According to regional and a requirement to pay the employee’s they have returned from a high-risk area regulations some companies are still not average earnings for the entire time of may be able to work from home. They allowed to resume normal operations, forced absence. The dismissal may be should be paid as normal and may not be and not all companies can transfer considered as illegal both by the court asked to use their annual leave employees to remote employment, and the state labour inspectorate. entitlements to cover this absence. This meaning some employees are entitled is a practical solution and the law does not to work and receive their usual pay. not cover how to formalise this kind of According to the explanations provided change to working conditions. Crucially by the Russian Federal Labour Service The Russian Government has announced you remain responsible for employees’ (‘Rostrud’), termination of employment (in a Government Instruction dated 25 health and safety during working hours, contracts with non-working employees is March) that from 27 March, all flights even if they are not physically located at restricted. The authorities periodically between Russia and foreign countries are your premises. change their guidance regarding this. cancelled. Only flights for repatriation of Currently, dismissal of a non-working Russian citizens from foreign countries An alternative approach is to agree on employee can only be at the employee’s will continue as well as flights based on paid leave with employees. You can initiative, if the employer is prepared to separate decisions of the Russian either allow them to use accrued days of accept the employee’s resignation letter. Government. On 29 April 2020, the annual paid leave or grant additional paid Earlier Rostrud also allowed termination Russian Government extended leave days. by mutual consent, and on the expiration temporary restriction of entry into the of fixed-term employment contracts. country by foreign nationals and stateless If quarantine is imposed on infected individuals, including those entering the employees, they must be suspended Generally, trade unions or other external Russian Federation through Belarus, and from work by law. This suspension is bodies cannot impose restrictions on Belarusian nationals until the epidemic formalised with an official sick leave restructuring, unless they are given situation normalizes. certificate, which specifies duration.
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There are exceptions for diplomats, some • six-month deferral of payment of limited professional categories and for social contributions for individuals applying in the context of the Any discrimination (including coronavirus- microenterprises; death of a close relative. based dismissals) arising from the coronavirus outbreak is prohibited. • waiver of all second-quarter tax The migration authorities stopped payments (excluding VAT and accepting applications for work permits insurance payments) for companies and work visa invitations, as well as other from affected industries; types of visa invitations, for all foreign The state authorities are empowered to nationals. Issuance of all types of work request information about employees • a six-month moratorium on filing permits, including HQS work permits, are who may have been exposed to the creditors' applications for bankruptcy also be temporarily suspended. coronavirus. You must provide them with of companies and debt collection; Exception is made only for those who this information. have already arrived and are in Russia. • reduction (from 30% to 15%) of There is a temporary procedure for hiring social contributions for small and foreign nationals in Russia and medium-sized businesses; suspension of migration terms that Irina Anyukhina applies from 15 March to 15 June 2020. Russia • tax on all offshore income payments Employers who observe the necessary Various economic support measures Alrud at 15%, instead of 2%; sanitary and epidemiological measures have been introduced by the Russian [email protected] can hire both foreign nationals who Government, including a special • a direct complementary aid from the arrived in Russia on a visa, but do not procedure for the payment of sick leave, state to small and medium have work permits and foreign nationals additional incentives for doctors, enterprises to pay salaries with the who arrived in Russia from visa-free expansion of business lending, condition for receiving that at least countries and who do not have migration suspension of state audits, authorisation 90% of the staff as of April 1st shall patents. Employers hiring foreigners from for online sale of medications, preferential be to keep. visa countries can attract and employ treatment for distribution networks and foreign nationals. In addition, the validity importers of products, a deferral on lease period of migration documents for all payments upon requests of lessees, etc. Each region of the Russian Federation may implement additional measures. foreign nationals legally residing in Russia is automatically extended (if it The measures to support business expires in the specified period). include, but not limited to: From 19 March to 31 May, access to all courts is limited. Only cases of an urgent The Government high alert, travel and • six-month deferral of tax payments nature are considered. Documents to the Margarita Egiazarova court should be sent by mail or via the migration regulation is being regularly (excluding VAT) for Russia Internet. Alrud updated based on global developments: microenterprises, small and medium- [email protected] you should track these updates. The sized businesses; regulation may also differ depending on Back to top the region.
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and hand sanitisers, educating staff on request that they are seen by a doctor to the risks of contracting and spreading the prove their fitness for work. Saudi The government has suspended virus and ensuring that staff who may workplace attendance for workers in the have been exposed to the virus or who Arabia government sector (except for the health, have similar symptoms do not attend security and military sectors, the work. It can also include finding alternative ways of working, including Last updated: electronic security centre, and the remote Protecting privacy education system in the education sector) working remotely and keep up-to-date 8/5/2020 with government guidance. and the private sector until further notice. Employers should be careful to ensure Employers in the private sector are that they protect the privacy of individuals Employees who are sick should be asked permitted to have up to 40% of staff and maintain confidentiality in relation to to go home or remain at home and seek attend the workplace where they are testing for the coronavirus, employees medical treatment. Anyone who has performing business-critical roles. being subject to quarantine measures come into contact with a sick person but and employees reporting sickness. All schools and universities are closed. is not showing any symptoms should be asked to see a doctor, particularly if they Markets and malls are also closed with a Tracing apps few exceptions and restaurants are have travelled to a high-risk area. closed except for delivery services. Saudi Arabia has a number of apps that You should educate staff on measures Essential services such as hospitals, being hosted by different government they can take to prevent infection and clinics, pharmacies and grocery stores authorities and which do a number of update them on any current government remain open. different things but these do not have a advice and material changes. dedicated tracing feature. Employers A nationwide overnight curfew is in effect cannot compel staff to employ an app. If employees are showing symptoms from 19:00 to 06:00. A 24-hour curfew However, employers are entitled to similar to the virus then they can be remains in effect in Mecca. Until 13 May require employees to pass a medical test asked to get a medical diagnosis and to 2020, general movement is permitted to confirm their fitness for work and can stay away from work until they recover. from 09:00 to 17:00 and limited refuse them entry into the workplace if Employees can also be asked whether commercial and economic activities have they are suspected of posing a risk to they have travelled to a high-risk area or been permitted to resume. Social health and safety in the workplace or to have plans to do so in the near future. distancing must be observed and other members of staff. gatherings of more than five people are prohibited. Employees can refuse to disclose details of their medical health but if there is any suspicion that the employee may be a
risk to the health and safety of others Sickness and quarantine pay then he or she can be sent home and If your business is permitted to be open required to see a doctor chosen by you. Employees are entitled to 120 days’ sick wholly or in part, take precautions to leave (comprising 30 days paid, the next protect the health and safety of all your Employees cannot be forced to take a 60 days at 75% of pay and the remaining staff. This can include providing tissues test but employers have the right to 30 days without pay).
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Where employees are placed in pay employees for any shutdown period, then it is required to give notice to the quarantine, they may not qualify for sick suspending the employment contract, or local labour office at least 60 days before pay and payment of wages may be at agree a period of unpaid leave. issuing notices to terminate employment your discretion. and enter into a period of consultation Employers can require employees to take with it. The labour office can reject the Temporary pay support annual leave provided they give notice proposal or request that the employer beforehand. Employers can also place agree a compromise or look at The state has offered salary subsidies to employees on unpaid leave or reduce alternatives to avoid redundancies. The Saudi national employees in the private working hours and salaries with their labour office can penalise employers by sector. Employers can nominate up to written agreement. In limited denying them visa and work permit 70% of their Saudi workers to be circumstances, employers can make privileges for expatriate employees if the registered for salary support and they will redundancies. notice process is not complied with or if receive SAR 9,000 per month or 60% of the employer does not accept its their wages; whichever is lesser. The Restructuring recommendations. support is available for three months and commenced from April 2020 for In April 2020, a Royal Order was issued Where there is no requirement to consult employers who have been impacted by granting salary subsidies through the the local labour office then the the coronavirus measures taken by the General Organisation for Social redundancy process can be concluded in government. Insurance (GOSI) for the private sector a matter of days if a payment is to be for three months. The subsidy is available made in lieu of notice. Where notice is to be worked then the minimum period for for Saudi national employees only. Employers who benefit from the scheme notice will be 30 days in the case of a are prohibited from terminating the fixed-term contract and 60 days where the contract is issued for an indefinite Reduction of activity employment of Saudi nationals. It is unclear for how long the prohibition is term. intended to last but it is likely to restrain If you don’t have a homeworking policy employers for as long as the subsidy then you should consider putting one in scheme is in place. Although it is not place to deal with the threat of the virus. explicit, employers who do terminate employment risk having to repay the If employees need to be placed in salary subsidies paid to employees. quarantine, this should be done in accordance with medical advice where The duration of a workforce reduction possible and for the shortest period process will depend on whether required. consultation with the local labour office is required. Where an employer with 50 or Where the workplace has to be closed, more employees proposes to make alternative work options should be redundant the lesser of ten Saudi considered for staff. Where these are not nationals or Saudis who comprise 1% of viable, you will need to decide either to the workforce within a 12-month period
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borders between Saudi Arabia and • lifting suspensions in relation to the all neighbouring countries are Wage Protection Scheme and KSA has taken the following restricted to commercial traffic only. access to the services of the Ministry precautionary measures: of Human Resources and Social Limited repatriation flights have started Development due to non-payment of • All international passenger traffic, and individuals will require a valid fines; whether by air, land or sea has been passport and authorisation to leave the suspended. country as well as permission to travel • allowing employers to lease or during curfew. Anyone presenting with a outsource workers through the Ajeer • Entry to the KSA to Mecca for temperature or flu-like symptoms will not Program to reduce burdens and Umrah and Medina to visit the be permitted to travel. All domestic flights, respond to demand; Prophet’s Mosque has been public transport and taxis have been suspended irrespective of suspended until further notice. Travel • exempting employers from paying nationality, visa type or residence between provinces in Saudi Arabia is the expat levy on work permits that status. prohibited. Authorisation for travel may be have expired and enabling requested from the Ministry of Interior. employers to claim refunds for work • Tourist visas have been suspended Inter-urban bus, taxi and train services permits and entry visas that have not for all nationalities. have been suspended until further notice. been used;
• Anyone who has travelled to China, • enabling business owners to Hong Kong, Taiwan, Macao, Iran, postpone the payment of taxes UAE, Kuwait, Bahrain, Lebanon, There may be a risk of employees being (VAT, excise tax, etc.) for a period of Syria, Egypt, Iraq, Italy and South discriminated against if they are sick or three months; and Korea in the previous 14 days will perceived to be sick. You should not be permitted to enter or transit therefore take care to ensure that • postponing the payment of some through the KSA. employees are not unfairly treated. government services fees and municipal fees for a period of three months. • Travel to and from mainland China has been suspended and expatriates who travel to China will not be There is no requirement to report to the Back to top allowed to return to the KSA. authorities at this time.
• Anyone arriving in the KSA, Zahir Qayum including Saudi citizens and Bahrain residents, will be placed in isolation for 14 days following their arrival. Al Tamimi & Co The KSA government has announced a [email protected] number of measures to support the • The Causeway bridge between private sector which include: Saudi Arabia and Bahrain and land
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with mandatory two-metre distance You are no longer obliged to introduce between individuals. Weddings, remote working for your employees, or Serbia As of 7 May 2020, Serbia is no longer in birthdays and other celebrations will work in shifts, night work, but it is still lockdown: the state of emergency has be permitted from 15 June 2020. recommended. Last updated: been terminated and curfew has been 11/5/2020 suspended for everyone. However, the Employees only have the right to refuse majority of measures are still in force. to come back to the office if adequate health and safety measures are not being Measures introduced by the Government put in place by the employer. All primary schools, high schools, and so far to prevent spreading of coronavirus universities are still closed. Educational when restarting businesses are rather Your duty is to provide a safe workplace work is continuing through distance general, and a special Decree regarding for all employees. In that respect, learning. measures is expected very soon. Current employees must inform you about every measures include: restriction of potential threat to their own and other Restrictions that are still in place are: gatherings in public, open or closed employees’ life and health, including if spaces, so that one person per 4 m² is they are infected. Failure to comply with • Closure of all border crossings and allowed (including employees), maximum this may be a breach of duty in relation to restricted entrance to the country on number of persons allowed in a facility health and safety and is grounds for the authority’s approval. should be indicated at the entrance, termination. physical distance of two metres, • Closure of counters of state mandatory disinfection of premises, authorities (excluding some, such as floors, inventory, machines, tools and Although the circumstances in which you Post Offices or Tax Administration), appliances after service is provided to can refer an employee to medical testing although these are expected to open each customer, installation of foot are limited, you must also ensure working soon. disinfection at the entrance to conditions comply with health and safety facilities/stores, frequent ventilation of regulations and are entitled to stop work • Limitation of use of public transport premises, regular disinfection of all that poses an immediate threat to to employees who have to use it for common and hygienic rooms, etc. employees’ life or health. In view of this, it commuting and special rules for seems reasonable that you can refer an employee for testing for coronavirus if public transport (wearing masks and Green markets, construction and retail gloves, limited number of people businesses reopened on 21 April symptoms are present. inside a bus/tram/trolleybus). hairdressers, beauticians and gyms from 27 April, coffee shops and restaurants • Suspension of intercity bus and from 4 May (with specially measures for railway transport, apart from their activity), shopping malls on 8 May organised transport of employees if 2020. Cinemas and theaters will open on approved. 31 May. For every of these businesses special measures are introduced, but in • Prohibition on gatherings of more general they include the obligations listed than five people in closed spaces above.
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of any (potentially) infected conditions, and the relevant employee to other employees, this enforcement risk in practice seems would be lawful only if it is strictly relatively low at the moment. Protecting privacy necessary for the protection of others; • Prior notification, which means that Currently no derogation from the the employees and visitors should constitutional right to protection of • Data minimisation principle, which be properly informed of all aspects of personal data has yet been put in place. requires that employers should only data processing and their related This means that employers can adjust collect the information strictly rights, which can be performed their business activities and data necessary for achieving a specific either by amending existing privacy processing practices to address purpose. For instance, it would be notices or (ideally) by preparing new coronavirus developments, but any proportionate to collect data such as ones specifically addressing the measure implemented must be fully in previous contacts with supposedly coronavirus circumstances. line with the Serbian Data Protection infected persons and stays in high- Law. This primarily results in employer’s risk areas, whether a person is Depending on the specific measures obligation to ensure the following in symptom-free, and contacts made implemented, you should also consider relation to personal data processing: with others within the organisation. performing a data protection impact assessment (DPIA) prior to collecting any • Adequate legal processing Although it may be considered personal data from individuals relating to grounds such as the employer’s reasonable, at least in certain coronavirus. This assessment is legal obligation to ensure safety and circumstances, it is questionable mandatory when the processing is likely health at work, the legitimate whether checking employees’ to result in a high risk to individuals’ rights interests of an employer or third temperature on-site is permitted, due and freedoms. In Serbia this explicitly parties, public interest, or even the to a strong conflict between the includes the large-scale processing of protection of individuals’ vital employment and privacy related health data, but is very helpful in other interests. Processing of health data rules. The Serbian Data Protection cases as well to ensure compliance with also must fall within one of the Authority has not yet issued its key data processing principles. exceptions to the general rule position on this, but is expected to Employers should avoid the use of overly prohibiting the processing of follow the EU authorities’ intrusive measures, such as tracing apps, sensitive data, including those listed interpretation that this is generally video or other monitoring of employees. here; prohibited (especially since the relevant provisions of the law are Tracing apps • Specific and necessary purposes, almost identical). Nevertheless, a which include the need to determine recent draft of the Government’s The Serbian Data Protection Authority whether employees and visitors are decree prescribes a mandatory has not yet issued any guidelines related infected or have been in contact with temperature check on site for all to the use of tracing apps in the infected people in order to provide a employers, so this topic should be coronavirus context, nor has any specific safe workplace for other employees reviewed soon. In any case, we regulation been adopted. and ensure business continuity. believe there are arguments in favor Regarding disclosure of the identity of its permissibility under specific
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However, considering that Serbian Data between 15 March and 10 April 2020. Protection Law reflects the GDPR to a They are: large extent, it is reasonable to expect that Data Protection Authority will follow • Deferral of payment of salary tax and Reduction of activity the EU authorities’ guidelines on this, contributions for the beginning of which have emphasised the need for the 2021 at earliest and payment of You may introduce some of the following tracing apps to be used on voluntary these taxes and contributions in 24 measures when needed to reduce your basis only. This would be in line with both monthly installments; activity: the principles of the Serbian Data Protection Law and the Data Protection • For entrepreneurs, micro, small and • Reduction of working hours (based Authority’s position previously taken in medium companie: payment to on employee’s request / consent or similar monitoring cases. employees of minimum salary as an alternative measure for (approximately EUR 260) per month resolving redundancies). As a result, an employee who decides not for each employee for maximum of to use the app cannot be compelled to do three months; • ‘Forced paid leave’ due to temporary so or reprimanded in any way, such as by interruption of work for 45 working stopping salary payments or denying • For large companies on which days which is not the employee’s access to the workplace. closure was imposed (based on fault (compensated at 60% of the Articles 116 and 117 of the Labour average salary, but not lower than Law): aid of 50% of minimum salary minimum wage). (approximately EUR 130) per month Sickness and quarantine pay for each employee not working due • Regular paid leave (compensated at to interruption of work for a 100% of average salary). An employee will be placed on sick leave maximum of 3 months, on condition according to a medical certificate for that interruption of work lasted • Paid leave because of employer’s coronavirus infection (or other illness) longer than 15 working days in the inability to guarantee safety and and will be entitled to 65% percent of his month in question. protection of life and health at work, or her salary. The employer pays the first based on the competent state 30 days of sick leave, after which the To keep all payments and rights provided authority’s order or employer’s state pays. In the event of quarantine by the state, employers must obey the decision or in other cases stipulated caused by a contagious disease, the ban on reducing employee numbers by under the law (i.e. prohibition of work employee is entitled to 65% of salary. more than 10% until 31 October 2020, by certain businesses). The amounts otherwise they will be obliged to return all of compensation should be Temporary pay support payments. envisaged by the general act or employment contract, and there is The Government has introduced fiscal Businesses which use fiscal incentives no minimum prescribed. incentives and direct payments for and direct payments cannot pay employers who did not reduce the dividends until the end of 2020. number of employees by more than 10%
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• Annual leave, either collective or policing or surveillance powers, individual (notification must be compared to the situation from the delivered to the employee 15 days in All Serbian borders are still closed for previous days when curfew was in force. advance unless the annual leave is passenger traffic, except for authorised entry approved by the authorities in the For now, all gatherings for more than five granted upon their request). national interest and for humanitarian persons in public, open or closed spaces reasons. Prior to that, the Government are forbidden. • Unpaid leave only (possible upon the prohibited employers in Serbia to send employee’s request). their employees on any work trips. The deadlines in administrative proceedings have been halted even after • Termination of employment for the termination of the state of emergency. redundancy.
• Introducing the minimum salary for Serbian law forbids discrimination against all employees based on grounded individuals due to their medical condition. reasoning. These general rules will apply where The Ministry of Health has a direct employees are suspected to have or emergency phone line for all information have coronavirus. about coronavirus and instructions for • Not renewing employment for a before and when someone has definite term. symptoms and a website with daily
updates on the situation in Serbia and the Restructuring Employers must immediately report any rest of the world. occurrence that may jeopardise You are allowed to restructure your employees’ safety and health to the Back to top workforce in the regular way, since there Labour Inspectorate and the Ministry of are no specific guidelines in the context Internal Affairs, as well as to report any of coronavirus crisis. While restructuring, cases of the coronavirus among employees can be made redundant under employees at work. Based on this, we general rules prescribed by the Labour recommended you abide by this rule Law. However, if you wish to use state’s when there is a possible coronavirus incentives, you should consider the cap infection among employees. When on the number of employees to be made reporting, you must respect data redundant (under 10% of the total protection principles (see 3 above). number).
Milena Jakšić Papac Serbia Karanovic & Partners o.a.d. milena.papac@karanovicpartne Since the state of emergency has been rs.com terminated, no curfew is now in force. This significantly reduces temporary
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will resume on 2 June 2020, but whether followed. Sports and recreational facilities these will be face-to-face or online will be (e.g. playgrounds, swimming pools, Singapore The Singapore government has imposed announced subsequently. Pre-school and gyms) must remain closed. a set of ‘circuit breaker’ measures to curb student care services will continue to be Last updated: the spread of coronavirus from 7 April closed during the circuit breaker period, 11/5/2020 2020 to 1 June 2020. but will provide limited services where both parents are working in essential For essential services allowed to operate, services. Workplaces all activities that can take place through telecommuting must be done from home. Individuals Only essential service providers in the Employers must reduce physical following sectors can operate during interactions by enforcing safe distancing Individuals should not leave their circuit breaker: health and social at the workplace, staggering work hours, residence except for essential activities, services, food and beverage, energy, and ensuring no cross-deployment of or meet anyone who is living in another environmental, transportation, staff across teams and worksites. household. Essential activities include: information/communication, defence, Employees should wear a mask at work construction for critical public and avoid gatherings at staff canteens or infrastructure, manufacturing, banking, • send child to childcare if parents are meals in groups. limited legal services, etc. essential service providers; • obtain essential goods and services Essential service providers must also However, not all establishments in the (e.g. food, groceries); submit details of their plans for safe aforementioned sectors may operate. For • exercise alone or with others you distancing measures which, as far as instance, establishments that sell mainly reasonably practical, must include: beverages and desserts remain closed. live, in green or open spaces; seek medical help ; These restrictions are being lifted • • ensuring natural ventilation; progressively: please see 2. • move house ; or • comply with legal requirements, etc. • taking body temperatures of staff Non-essential services in the workforce and patrons; can continue work via telecommuting All individuals must wear a mask when only. they leave the house, except when • obtaining and keeping contact engaging in strenuous exercise. details for contact-tracing measures; Schools and Previously, residents living in certain All schools were on home-based learning types of residential buildings were not from 7 to 30 April 2020. In Singapore, • refusing entry to anyone who is allowed to exercise within common areas. school holidays are usually in June. In symptomatic, etc. However, from 5 May 2020 onwards, light of the extended circuit breaker these restrictions have been lifted. period, the Ministry of Education (MOE) Enforcement officers, Management has brought forward the June holidays to Corporations and Managing Agents must begin from 4 May 2020 instead. Lessons ensure safe distancing measures are
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All food outlets must offer takeaway and • hairdressers for basic haircut during this period to carry out contact delivery only. If individuals form a queue services; tracing and other response measures, as or wait in an area in the premises for any this is necessary to respond to an reason, the business must ensure that • retail of pet supplies. emergency that threatens the life, health every individual in the queue or area is at or safety of other individuals. least one metre away from any other Relevant advisories issued will be individual in the queue or area. updated here. Organisations that collect such personal data must comply with the data protection The Government has begun You can require employees to disclose provisions of the Protection Data progressively lifting restrictions. their travel history and to notify you if they Protection Act, by making reasonable From 5 May 2020, the following have been infected. If you impose such a security arrangements to protect the businesses resumed: requirement on an employee, he/she personal data in their possession from cannot refuse to inform you. Failure to unauthorised access or disclosure, and • Traditional Chinese Medicine (TCM) inform you may be an act of misconduct. ensuring that the personal data is not treatment and TCM medical halls will used for other purposes without consent be allowed to sell retail products, on Employers cannot direct employees to be or authorisation under the law. top of the consultation and herbal tested for coronavirus. However, if you dispensary services that they can believe an employee may be infected, Tracing apps currently provide (on a needs basis). you can ask him/her to undergo a medical examination and if he/she The Government has developed the From 12 May, the following businesses refuses, you may take the necessary TraceTogether smartphone application may resume: disciplinary action provided that your (app) for tracking close contacts where policies allow you to do so for acts of necessary. Data is stored on the app for • Manufacturing and onsite insubordination. 21 days and will only be accessed if an preparation of all food, including individual has coronavirus or is identified as a close contact of a confirmed case. confectionery, ice cream, cocoa, chocolate, and other snacks; Generally, you are not permitted to compel your staff to install the app except • retail outlets of food, including Protecting privacy confectionery, packaged snacks and possibly where an employee is using a desserts, takeaway and delivery work phone, and your policies allow you Organisations may collect personal data to dictate what may or may not be only; of visitors to premises for the purposes of installed on the work phone. contact tracing and other response • home-based food businesses, but measures in the event of an emergency, only for delivery or collection such as the coronavirus outbreak. (contactless, by appointment); In the event of a coronavirus case, • retail laundry services. relevant personal data can be collected, used and disclosed without consent
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granting additional paid hospitalisation must be notified to the MOM. There is no leave. need to seek prior approval from MOM Sickness and quarantine pay for temporary salary reductions of foreign Employers will receive a SGD 100 daily workers as a result of the coronavirus The are no changes to the law on sick payout per affected employee for the situation if MOM will be notified. MOM will leave. Employees are statutorily entitled duration of a SHN or QO issued to the be flexible where the salaries of foreign to paid sick leave if: employee. The support will not apply if employees may temporarily fall below the telecommuting arrangements are respective salary criteria. • they are covered under the available for work to be performed Employment Act (EA); remotely by affected individuals. Restructuring
• they have served their employer for For SHN, the support will also not apply if No specific measures apply or have been at least three months; and the affected S Pass or Work Permit introduced. holders began their SHN on or after 1 • they have informed or tried to inform April 2020, regardless of when the SHN their employer within 48 hours of ends. This is considering the foreign worker levy rebates and waivers available their absence. Based on current regulations, in April and May 2020. An employee's number of paid sick leave Temporary pay support • All short-term visitors will not be days entitlement is prorated according to allowed to enter or transit through the employee's length of service. Singapore. There are currently no temporary benefits in place for employees who have been Employees on a Stay Home Notice • Only work pass holders and their (SHN) or a Quarantine Order (QO) terminated as a result of coronavirus or have agreed to take unpaid leave. dependents who provide essential should be able to count this period as services will be allowed to part of sick leave or paid hospitalisation enter/return to Singapore. leave as part of the employee’s hospitalisation leave eligibility under the • All existing work pass holders and employment arrangement or under the their dependents entering Singapore EA. Reduction of activity will require prior approval from the MOM before arrival. Where an employee is hospitalised due Employers must mutually agree with to coroanvirus, he or hse would be employees on the implementation of cost- • From 9 April 2020, all overseas entitled to paid hospitalisation sick leave. saving measures such as salary If the employee has already used up returnees must serve their SHN in reductions or reduction of working hours. Government-designated facilities. his/her paid hospitalisation leave If this is not possible, employers may entitlement, then the employer is urged to have no choice but to layoff employees. exercise compassion and flexibility by Any implementation that would have the effect of reducing an employee’s salary
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• Any Singapore citizen or Long-Term force of law to the restrictions set out in 1 Pass holder who leaves Singapore above. from 27 March 2020 in disregard of For disclosure of relevant personal data prevailing travel advisories will be required for contact tracing, please see 3 Separately, courts in Singapore will hear charged unsubsidised rates for above. Employers should not make wider only essential and urgent matters until 1 inpatient stay at public hospitals if disclosure beyond what is necessary for June 2020. All other matters that were purposes relating to the coronavirus they are admitted for suspected scheduled for hearing during this period coronavirus and have onset of pandemic. will be adjourned. symptoms within 14 days of returning to Singapore. Singaporeans will also not be able to claim on their public medical It remains to be seen what measures will insurance plans. The Singapore Government has be implemented post-circuit breaker, but introduced a set of financial support normalcy is likely to resume in a • Any work pass holder and their measures in the annual budget that progressive manner. dependent who leaves Singapore provide, inter alia, wage support for from 27 March 2020 will be employers, and direct cash payouts to Health advisories for various sectors in deprioritised for entry approval. Singapore citizens. Singapore. The Government has advised It has also introduced further support Back to top Singaporeans to defer all travel abroad. measures such as a temporary bridging As far as possible, you should not require loan programme, tax, rental, and your employees to travel during this time. corporate tax rebates, and rental waivers. To compel an employee to travel, that travel must be within the employee’s New legislation, the COVID-19 ordinary course of work. Your right to (Temporary Measures) Act 2020 (the require such travel must be balanced ‘Act’), has been enacted to provide against your duty to take necessary temporary measures and deal with issues measures to ensure the safety and health relating to the pandemic. Under the Act, of employees at work, so far as is there are increased thresholds for reasonably practicable. bankruptcy and winding up applications, and temporary relief from actions for an
inability to perform certain types of contract. Desmond Wee Singapore An employer should not be exposed to Rajah & Tann Singapore LLP any allegation of discrimination only by Subsidiary legislation, namely the [email protected] reason of imposing any restrictions or COVID-19 (Temporary Measures) directives on an employee infected with (Control Order) Regulations 2020, has coronavirus. also been enacted under the Act to give
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If you have reasonable doubts about the health of an employee, you are entitled, Slovakia As you are responsible for health and after consulting the employee For the first ten days of sick leave or safety at workplace, you need to take representatives and a doctor, to order the quarantine, you must pay: Last updated: precautionary measures, for example, employee to take a medical test. 13/3/2020 informing staff about how to minimise the • 25% of the employee's daily risk of contagion, regular workplace assessment base for the first three disinfection and limiting business trips days, abroad. If an employee has to care for a child • 55% of the employee's daily under ten during a school closure, s/he is assessment base from the fourth to You are entitled to send an employee for entitled to time off work and so-called the tenth day. a medical examination, after consultation ‘nursing benefit’, payable by the Social with employees representatives and the Insurance Agency. In other cases, you doctor. If they have symptoms of the can agree paid or unpaid leave with From the eleventh day, the employee will disease or have recently been on a trip to affected employees. be eligible for sickness benefit payable by a high-risk country, you can order them to the Social Insurance Agency, at of 55% stay at home, but you must continue to If your employees could practically work of the employee's daily assessment base. pay wages at the usual rate, unless they from home, you are free to agree on a have a right to sickness benefits. If the home working arrangement at any time. statutory conditions are met, you may order the employee to take annual leave, If quarantine measures are ordered and or you might be able to agree an employee cannot work because of this homeworking. you are obliged to pay the employee (at 25% - 55% of the employee's daily Overall, keep your employees informed, assessment) for ten days. Thereafter, the do not compel them to travel abroad and employee is entitled to sickness benefit, create a plan to ensure the continued payable by the Social Insurance Agency. smooth functioning of the company, even if some employees are quarantined. Even if no quarantine is ordered, you may decide to close the workplace. If possible, you should agree for homeworking to be done. If certain statutory conditions are You can require employees to tell you met, you can order the employee to take whether they have recently visited a high- leave, but if not, you will have to pay the risk country, as this in your legitimate employee in the ordinary way. interests. They are obliged to let you have this information.
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Generally, you can require employees to take a business trip to a country or area of risk if this is agreed in the employment contract or the employee gives consent. However, you should think about how necessary it is to travel, the level of risk involved and the medical fitness of the employee. On this last point, it is advisable not to send older employees or those with cardiovascular disease and it is best to avoid the business trips to the highest risk areas.
Dušan Nitschneider Slovakia Make sure not to discriminate directly or Nitschneider & Partners indirectly against any particular group [email protected] when devising your policies.
There is no requirement at present for employers to report instances of coronavirus to the authorities.
The Public Health Authority and Chief Hygienist of the Slovak Republic have published general recommendations on hygiene habits and other measures to prevent the transmission of the disease. Danica Valentová However, special guidelines for Slovakia employers have not yet been issued. You Nitschneider & Partners may, however, seek advice via various [email protected] hotlines provided by these state authorities.
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schools (but not for all children) will • shops up to 400 m², with the Slovenia gradually open. exception of shops in shopping From 16 March in Slovenia restrictions on centres; • Temporary suspension of the daily life have been imposed. Namely: • specialised stores for sale and repair Last updated: operation of border crossings for of motor vehicles and bicycles; 12/5/2020 • Restriction on public passenger border traffic (with certain exceptions transport of, with few exceptions for daily workers). • dry-cleaning and repair shops; (taxis, special bus services and • outdoor services (gardening transports required for emergency • All public gatherings and public services, roofing works, facade services, but preventive hygiene events and other events in public works, etc.); places in Slovenia are prohibited measures had to be respected). • personal pick-up of goods or food at From 11 May certain public from 20 March 2020 (some pick-up points with minimal client passenger transport is allowed, exceptions apply). The prohibition however the strict hygiene does not apply to individuals contact; recommendations of the National performing economic activities or • hairdressing and cosmetic activities, Institute of Public Health (‘NIJZ’) travelling to and from work. Outdoor massage and pedicure, pet care must be respected. sports and recreational activities of salons; an individual character or that are • outdoor sports and recreational • Prohibition on sale of goods and not normally possible without contact services and facilities and outdoor services to consumers, including are now permitted. accommodation services, catering sports areas; services, wellness services, cultural In a closed public places the use of a • insurance brokerage services, real services etc., whereas services of protective mask or other form of estate brokerage services; stores that mainly sell food, sale of protection (scarf or similar covering for • carwashes; nose and mouth) is obligatory as is farm produce, pharmacies and • libraries, galleries and museums; orthopaedic stores, the garden and disinfecting hands. The disinfectant must agriculture stores, banks, post be provided by the service provider. • chimney sweeping services; offices, distance selling (online), sale • food and beverage service of newspapers etc. were exempted exclusively on terraces and gardens from the prohibition on retail. These of catering; restrictions were partially eased at Restrictions are slowly easing. Form 4 • textile, footwear and leather the beginning of May. May 2020 the following businesses were production and repair and key allowed (with strict measures for production services; • All educational and childcare prevention of spread of the virus): establishments in Slovenia are • photographic activity services, closed (with the exception of some photocopiers, watchmakers and • construction works; special needs institutions). From 18 goldsmiths. May 2020, kindergartens and • stores selling mainly construction materials, technical goods or furniture;
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NIJZ has published several very strict Employees must comply with the rules on and justified and to what extent guidelines that have to be followed by the safety at work and also protect their own employees should be informed. All service provider and the client / customer life and health as well as that of their co- fundamental principles of personal data in order to ensure health and safety. workers. Based on this obligation, they protection must be respected. are obliged to inform employer if they are For businesses in other fields, the infected. You cannot force an employee You can request information from an Slovenian Government still strongly to get tested for coronavirus. employee on whether he or she is recommends that as many employees as infected and can also inform other possible work from home but has not employees which employee is/was adopted any specific regulation infected with the coronavirus. instructing work from home. Protecting privacy Tracing apps If the employer does not decide to send employees to work from home or cannot The Slovenian Information Commissioner To our best knowledge there are no such due to the nature of work, NIJZ has (IC) emphasised in several guidelines official apps in existence and/or allowed published general recommendations the that legislation on the protection of yet. According to the IC, the technological employer has to follow and measures it personal data (including the GDPR) does solutions currently under discussion at must implement, such as alerts to sick not constitute an obstacle to the fight EU and global level are very diverse. employees to stay home and follow against a pandemic, since it is in the Regarding use and development of instructions, cancellation of non-urgent common interest of all to stop the disease tracing apps, the IC refers to the business trips, implementation of daily effectively. However, even in these Guidelines 03/2020 on the processing of hygiene measures to prevent infection, exceptional circumstances, individuals data concerning health for the purpose of adoption of an internal security protocol have the right to the protection of scientific research in the context of the against the spread of the virus, and personal data and privacy and certain COVID-19 outbreak available here. It also measures to reduce person-to-person safeguards must be taken into account refers to Guidelines 04/2020 on the use contacts. Masks are not obligatory for all when determining measures concerning of location data and contact tracing tools cases, but might be, depending on the processing of personal data to ensure it is in the context of the COVID-19 outbreak businesses. lawful. available here.
You must ensure health and safety at The IC did not give a clear answer on work. If this is not ensured, an employee whether employers are entitled to perform has the right to even refuse work if (s)he employee temperature checks when The Parliament adopted an emergency is in imminent danger to life or health entering the employer’s business law to protect jobs and partially reimburse because the prescribed safety measures premises, as this should be assessed on employers sending employees home to have not been implemented. The a case-by-case basis. The IC published wait for work when they cannot provide employee can also that the danger is some recommendations which should be work for the employees, when the eliminated by the employer. If the followed, such as consultation with the employees cannot work due to force employer does not remedy the danger, occupational medicine practitioner on majeure and for employees who cannot the employee may request labour whether such measurement is necessary work due to quarantine. inspection mediation.
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Under the emergency law, when an emergency law foresees that the explained that in exceptional employer cannot provide work and sends government will cover the entire cost, as circumstances employers should as far the employees home to wait for work, in cases presented above. as possible follow the rules that apply for employees are entitled to receive 80% of regular work from home. Therefore, it is their salary. Employers who sent their Under the emergency law two measures advisable to provide employees with clear employees to wait for work until 31 May for employees still working, were also instructions about work from home, to 2020 (or shorter), and estimate that their implemented. The state will pay the assure a safe working environment to the revenue in the year 2020 will decrease by employee’s and employer’s contributions extent possible and to notify the labour more than 10% compared to 2019, are for pension and disability insurance borne inspector about work from home. It eligible for reimbursement of the paid by the employer for all employees who should be mentioned that following the salary to the employees from the state. are still working during the validity of the easing of the measures, employers The same rules apply when employee temporary measures, between 13 March gradually are withdrawing home office. cannot work due to force majeure (such and 31 May 2020 (certain exceptions as force majeure resulting from childcare apply). However, employers must pay the Employers cannot unilaterally order due to the closing of schools and monthly crisis subsidy of EUR 200 to all employees to use annual leave or require kindergartens or lack of public transport): employees still working, for the days they them to take unpaid leave. the employee is entitled to 80% salary have been working. This is exempt from compensation, while the employer may taxes and contributions, provided that The employer also cannot demand an request compensation from the state their last monthly salary was not employee to go into quarantine, thereby under the same conditions as when it exceeding three times the minimum preventing him or her from working. sends employees home due to temporary salary. Quarantine can only be ordered by the lack of work. The law provides some Minister of Health. You may, however, other conditions, which apply for the More information on the provisions of the instruct employees not to work but in this enforcement of these subsidies. emergency law is available here. case they are entitled to 100% of salary.
In both cases above, the state will cover For implementing changes such as the total paid compensation and change of the work position, place of employers are also exempted from all work, working time (full or part time, etc.), social security contribution payments for Reduction of activity or changes to salary a new employment salary paid between 13 March and 31 contract or an annex has to be May. The payment must not exceed the concluded, meaning these terms cannot Many employers have instructed their average salary in Slovenia for 2019, be changed unilaterally by the employer. employees to work from home. Although calculated on a monthly basis. Relief from usually an employment contract has to contribution payment is not applicable for regulate home office, the Slovenian certain categories of employers (e.g. Ministry of Labour, Family, Social Affairs state budget users). and Equal Opportunities has said that in emergencies as the coronavirus outbreak If an employee cannot work due to there will be more flexibility and quarantine, (s)he will also be entitled to understanding. The Ministry further 80% of salary. In this case, the
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Restructuring benefits for businesses as well as • Aids and other financial measures individuals and for facilitating their lives for the self-employed. Termination of employment contracts is during the pandemic. They include: possible if the employer can prove that a The Slovenian Government has business reason exists under the • The partial closure of the courts. The introduced a package of economic Slovenian Employment Relationships Act. courts are only holding hearings and support measures for businesses and issuing decisions in matters individuals affected by the coronavirus The usual rules applicable for considered urgent; procedural crisis. Details are available here. redundancy apply in this case. deadlines are also suspended. Some administrative deadlines and Back to top procedures have also been temporarily suspended. Transport by private vehicles is possible. Most employers have cancelled all • Mandatory moratorium on bank business trips, however, if an employee is loans (for companies as well as still sent on a business trip, he or she can individuals). refuse, indicating that the working conditions do not comply with appropriate • No advance payments of corporate health and safety conditions and pose a income tax for April and May, threat to health. extended deadlines for annual reports, tax filings and tax payments deferral.
If an employee shows signs of infection in • Exemption from enforcement, the workplace, he or she must consult a suspension of execution of medical service by telephone for enforcement orders. instructions on how to proceed. If the employee proves to be infected with • Financial aids and other financial coronavirus, he or she must stay home products from Slovenian Export and on sick leave. If this is not the case, but Development Bank (SID), Slovene the employer and the employee agree on Enterprise Fund (SPS) and Slovenian Tourist Organization work from home, the Labour Inspectorate must be informed. (STO). Darja Miklavčič Slovenia • Certain temporary amendments of Selih & Partnerji insolvency legislation and [email protected] compulsory liquidation. The Slovenian Government has introduced several laws granting different
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Encourage employees to keep good Inform all other employees in the personal hygiene practices by providing workplace (including on-site contractors South The is no general lockdown order in place enough hygiene-related products, and and dispatched workers). Government and no mandatory shut down of non- keep the workplace clean through proper disease-control staff will disinfect the Korea essential business operations in South disinfection and other measures. In the workplace and may shut down affected Korea. Many public facilities such as event of a suspected case in the areas until the following day. Employees workplace, immediately have the confirmed as carriers outside the Last updated: schools and daycare centres are temporarily closed. Schools are employee wear a mask, segregate the workplace should report it to their 11/5/2020 scheduled to begin reopening on a employee in an isolated place, and employer and follow instructions from staggered schedule starting 13 May for consult the appropriate public health government officials. The government high school seniors and 20 May for other clinic or the Korean Centers for Disease ‘encourages’ people to maintain a two- grades. Daycares remain open for Control and Prevention (‘KCDC’, dial metre distance, ventilate at least twice a ‘emergency” service for parents who 1339). Absent other specific official day and to disinfect equipment in public need it. From 6 May, the government instructions, immediately send the places daily. Information about the shifted from its ‘Social Distancing employee home. If an employee outside ‘Distancing in Life’ campaign is available Campaign’ to the more lenient ‘Distancing the workplace has symptoms, the here. in Life.’ This ‘encourages’ people to employee should not come to work and maintain a two-metre distance and to should be: avoid visiting crowded places. The government plans to resume • granted sick leave, if provided by social/economic activities gradually, and company policy; Protecting privacy start reopening outdoor public facilities, with indoor facilities to follow. The • allowed to use annual leave, if the If you collect information from employees situation remains fluid though, and in employee consents to or requests it; or visitors about travel histories or health, response to a new outbreak of cases or you should obtain their consent under the from Seoul nightclubs, on 9 May Seoul Personal Information Protection Act City ordered the closure of certain kinds • instructed to stay home on (‘PIPA’). This information is ‘personal of clubs, and bars, indefinitely. temporary unpaid leave (furlough) information’ under PIPA, and collecting it and paid a ‘shutdown allowance’ requires consent, subject to exceptions. (see 5 below) if he/she declines to Rather than relying on one of PIPA’s use annual leave. exceptions, it is safest to obtain informed The Ministry of Employment and Labor consent, in the required form, where (‘MOEL’) has issued guidance for In the event of a confirmed case, possible. Tracking employees’ recent employers on responding to the immediately report it to a public health movements inevitably involves collecting coronavirus outbreak. The latest version clinic or the KCDC, have the employee individual location information, which may wear a mask and segregate him/her in an (8th edition) is here, in Korean. It includes be regulated under the Protection and the following. isolated place. Employees with whom Use of Location Information Act (the he/she had contact should wait for public- ‘Location Information Act’). In general, an health personnel to arrive, in a employer must receive consent to collect designated isolated area wearing a mask.
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location information. You generally criminal punishment, as well as potential close down a work location or put cannot force an employee to submit to civil liability. ‘Installation of surveillance employees on leave at your own initiative medical testing. Suspected cases that equipment for workers within a as a precaution or because of loss of meet the government’s guidance criteria workplace’ requires consultation with any business you must pay the ‘shutdown should be reported to the authorities, who labour-management council (employers allowance’ described in 5 below. If an can conduct tests and issue any with 30 or more employees must have employee cannot work due to being necessary orders for public health and one). The council should be consulted hospitalised/quarantined, you are not safety. Medical information, including unless the app is disabled from working legally required to pay wages for that temperature, is ‘sensitive’ information that within the workplace. Because tracing period. However, employers are requires distinct and separate consent. applications constantly trace location, this recommended to pay, and can apply for a Obtaining individual consent is generally can infringe employees’ personal privacy government subsidy of up to not required for essentially anonymous rights and risk civil liability. This risk can KRW130,000 (about USD 105) per day to temperature-monitoring systems (using be reduced by ensuring the app’s support offering paid leave to these thermal cameras) as now used in many collection and use of information is employees. An employer who applies for building entrances. narrowly tailored to protect the workplace these subsidies must grant paid leave at and prevent any outbreak (for example, least equal to the subsidy. Employee Tracing apps limiting GPS activation, restricting range could also choose to use annual leave or and frequency of tracing, and stating the sick leave if available or allowed under Where an employer uses a tracing app to app will only be active during the company policy. collect employees’ personal information, pandemic). There is no legal requirement privacy-related laws apply, see below. If to inform other employees if a tracing app Temporary support pay the employer just encourages employees triggers any alert. However, government to use a third-party app and does not guidelines recommend certain steps Certain subsidies available within Korea’s itself receive employees’ personal when there is a confirmed or suspected unemployment-insurance system have information, these laws will not apply to case at work, see 2 above. An alert from been expanded or newly created. One the employer. If individual employee a private app would not be sufficient to significant example is the expanded consent is obtained properly, installing justify mandatory unpaid leave. ‘employment-retention subsidy.’ This and operating a tracing app, in itself, is subsidy is intended to defray the cost of not likely to violate any law. However, paying workers a shutdown allowance because there is no statutory duty to rather than downsizing. The government install tracing apps and it is not essential Sickness and quarantine pay has increased the subsidy and loosened to maintaining an employment the eligibility criteria. The basic conditions relationship, it will be difficult to defend If the government orders a workplace to are, essentially, as follows. enforcing mandatory installation by be shut down due to a confirmed or imposing adverse measures, such as suspected case of coronavirus, you are • A 15% or greater revenue loss preventing non-compliant employees not legally required to pay any wages to (calculated under certain rules) is from entering the workplace or employees who work there. However, the generally required, but in connection suspending their salaries. Imposing these government recommends paying with the coronavirus pandemic this measures may result in any consent employees to the extent possible. If you being invalidated, which could lead to requirement has been loosened so
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employers can currently just show version of the employment-retention same working-hours limits and overtime some lesser revenue loss or other subsidy available where employees pay rules as in the office, but with less evidence of sufficient negative agree not to receive the shutdown supervision and control. If you decide to allowance during a shutdown/furlough, close the workplace, you must pay at impact due to coronavirus. but it is subject to impractically strict least a ‘shutdown allowance’ equal to eligibility requirements. An alternative 70% of each employee’s average wage • The employer must either (or both): ‘quick approval’ version of this subsidy (or 100% of the employee’s ordinary reduce employees’ working hours by has recently been established, but the wage, if lower). The shutdown allowance more than 20%, or place them on cap is much lower at just KRW500,000 is not legally required if the shut-down is unpaid leave for more than one per person per month for up to 90 days. government ordered in response to a month, in each case requiring Other pre-existing employment-related confirmed or suspected case of payment of the shutdown allowance subsidies are available. A subsidy for coronavirus, see below. Employers for the period of leave or in certain employers that adopt flexible cannot generally require employees to proportion to the reduced hours. working arrangements has not been accept a pay reduction or unpaid increased but the procedures are being furlough, or lay off employees because of • The employer must consult with an relaxed due to the COVID-19 outbreak. the coronavirus pandemic and its employee representative (if there is There is also a new temporary subsidy economic fallout. The only two direct no majority union, this will be chosen for employees who take statutory unpaid unilateral payroll-cost control measures by the majority of employees), and days off to take care of their young available are: obtain individual employees’ consent children (aged eight or in the 2nd grade for placing them on full leave. or below) whose schools have been shut, • Placing employees on leave or or other family members who have been reducing their hours and paying their • The employer must commit not to quarantined. The maximum is ‘shutdown allowance’ (see above). downsize or hire while receiving the KRW 50,000 or about USD 41 per day, subsidy, and for a further month for up to ten days (increased from five • If employees are quarantined, or thereafter. days from 8 April). These family-care their workplace is shut temporarily days off are unpaid, and this subsidy may because of a confirmed or suspected The maximum subsidy is currently encourage more employees to use them. case, the employer does not have to KRW66,000 (almost USD 55) per pay wages for the quarantine or employee per day, for up to 180 days per shutdown period. There is a limited year. Within the cap, the subsidy is based subsidy available to employers who on the amount of shutdown allowance do provide paid leave to these paid to each employee and the total Reduction of activity employees. number of employees. For employers with 100 or more employees, it has been Many companies are implementing An employer does not have absolute temporarily increased from half to two flexible working arrangements to reduce discretion to instruct employees not to thirds of the shutdown allowance. For the number of employees in the work, simply because it pays the employers with fewer than 100 workplace at a given time. Employees shutdown allowance: it must have a employees it has now been increased to who work from home are subject to the justifiable reason for the order. However if 90% temporarily. There is another the shutdown allowance is paid,
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the legal standard is much more provisions which require a longer notice this may also constitute illegal permissive than that applied to dismissals and consultation period. The timing of a discrimination unless there is a or disciplinary action. Consulting with workforce reduction varies significantly reasonable objective justification. affected employees can be a helpful depending on the method, degree of (though not necessary) factor in satisfying downsizing, existing labour relations this test. Employees who return from situation (e.g. union representation and abroad and must self-isolate under the state of relations with that union), etc. See 2 above on reporting requirements if new travel restrictions (see 6 below), a suspected coronavirus case is likely can be treated as being on unpaid discovered in the workplace. leave unless sent abroad by their employer. The public health authorities in Korea recently mandated that all travelers Restructuring entering Korea (including Korean citizens) must self-isolate for 14 days. Employers must submit an employment The government is providing tax relief From 1 April, all travellers entering Korea retention plan to apply for and receive the and financial support targeted at small from anywhere in the world must self- ‘employment retention subsidy’ described businesses. Especially for businesses isolate for two weeks. These restrictions Soojung Lee in 4 above, including a commitment not to based in Daegu/Gyeongsangbuk-do can change on very short notice. Non- South Korea downsize or hire while receiving the Province, income and corporate tax will residents are likely to be subject to Yulchon LLC subsidy and for an additional month be reduced by 60% (for small quarantine at a government facility rather [email protected] thereafter. Failure to adhere to the plan enterprises) and 30% (for medium-size than self-isolation. Travellers entering will jeopardise receipt of the subsidy. If enterprises) in the tax year containing 30 Korea may also be required to undergo unilateral layoffs are used for a workforce June 2020. Further measures are likely. coronavirus testing either at the airport, or reduction, and the business is not closed The maximum sentence for violating a after leaving the airport, depending on entirely, 50 days’ advance notice to, and self-isolation order has been raised to circumstances. Further information can consultation with, a representative of one year’s imprisonment or a KRW10 be found in the KCDC’s update, see 8 employees is required before layoffs can million fine. Police authorities have below. emphasised that they will strictly enforce be effective. The employee representative is a majority union or, if these requirements. For non-Korean there is none, a representative or citizens, violating such orders can lead to representatives chosen by a majority of deportation. the employees. Notice and consultation is An employer generally cannot not sufficient: unilateral layoffs must be discriminate against an employee on the used as a last resort after exhausting basis of the employee’s nationality or Christopher Mandel other efforts, including voluntary exits for religion simply because the nationality or The KCDC’s guidance on entry South Korea compensation, and meet other very strict religion has been associated with the restrictions for travellers and other helpful Yulchon LLc requirements. A purely voluntary coronavirus, for example in the media. If information can be found here (click [email protected] downsizing or complete closure of a an employer offers flexible working document no. 225, ‘The updates on business are not subject to these strict arrangements only for full-time COVID-19 in Korea as of 31 March’). requirements. Some CBAs contain permanent employees, and not others, Back to top
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leave. This will qualify as an occupational and caring for elderly people, children, accident for public pension purposes. dependants, people with disabilities or Spain You must guarantee employees’ health vulnerable people; visiting banks; or force and safety. This may mean you are Meeting your obligations may involve majeure. Movement must be individual, Last updated: affected by public health measures implementing a prevention plan; unless accompanying vulnerable people 7/4/2020 implemented by the Spanish Health conducting a risk assessment; providing or for another justified reason. Authorities (hygiene/behaviour/cleaning workers with equipment and personal measures, etc.). Take any recommended protection; adequately informing workers All businesses open to the public are preventive individual or collective and their legal representatives; training closed, except retail outlets selling food, measures. These can include: workers; drafting emergency plans; drinks, basic necessities, drugstores, implementing measures for serious and health facilities, optical and orthopaedic • Organising work to reduce the imminent risk; regularly monitoring products, hygienic products, hairdressers, number of exposed employees and workers’ health; and protecting vulnerable newspapers and stationery shops, petrol personnel, specifically in connection with stations, tobacconists, technological and establishing rules to limit face-to- maternity and minors. telecommunications equipment, pet food, face contact. internet commerce, communications, dry • Where appropriate, adopting specific cleaners and laundries. Restaurants and measures for vulnerable employees. bars are closed except for home delivery services. Hotels and similar • Providing information on hygiene You can ask an employee whether they establishments were obliged to close measures, such as frequent hand are infected and whether they have from 20 March. Exceptionally, hotels with washing, not sharing objects, recently travelled to a high-risk area. If an clients in long-term stay schemes may employee knows he or she is infected, ventilation and cleaning surfaces stay open and there is a list of hotels they must communicate this information and objects. obliged to keep open to cover essential to you. Employees are only obliged to • Making hygiene equipment available needs. submit to testing if the organisation’s to employees and adopting cleaning Prevention Service has determined Under the Spanish Constitution, protocols. employees must be tested. lockdown measures can only be adopted for 15 days and the Government must Further guidance can be found here (in obtain parliamentary support for further Spanish). 15-day renewals. Currently, the lockdown Lockdown is effective to 12 April 2020; the If one or more employees becomes or is Government will propose an extension to suspected or believed to be infected, From 14 March 2020, Spanish 26 April on 9 April. The extension is likely immediately call the Health Authorities. Government declared a state of to be approved. The Government has Follow their instructions and instruct the emergency. Currently, movement is only imposed recoverable mandatory paid employee(s) in question to stay away permitted for limited activities, including leave on all employers from 30 March to from the workplace and remain at home acquiring food, medicines and basic 9 April 2020. This measure will not be (the employee’s consent is not needed). necessities; visiting health facilities; extended. Mandatory paid leave does not The employees will be placed on sick commuting to and from work; assisting affect services that can be provided
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through remote working and some cease when the extraordinary employees below the threshold for activities qualified as essential. circumstances disappear. It must be collective consultation can be brought into line with labour legislation implemented by agreement with Employers’ response and the applicable collective bargaining employees. Otherwise, mandatory agreement and must not lead to reduced collective consultations apply. You must promote remote working or health and safety rights or loss of alternatives if reasonable to do so, professional rights. If employees need Employers can implement suspension of technically possible and it does not additional technology, this must not be at employment contracts or working time require a disproportionate effort to their expense. reduction for two different sets of causes: maintain your business activities and force majeure or economic/production/ avoid employees suffering decreased If multiple employees in your organisation technical/organisational grounds linked to salaries. If this is the first time remote appear to be infected or coronavirus Coronavirus . working is used in a sector, company or infection becomes widespread, a ‘serious job post, due to the exceptional and imminent risk’ will be declared. Under Labour Authority authorisation is needed circumstances, voluntary self-assessment these circumstances, in addition to the for force majeure working time reduction. of employment risks conducted by the instructions in 1 above, you must inform It allows employees to receive employee can be substituted for usual all workers of the infection risk and unemployment benefit from the date on health and safety obligations. Unless measures adopted, take measures to which force majeure applied. The affected by a lockdown decision or enable workers to stop working and, if employer must provide the Labour mandatory paid leave imposed by the necessary, to immediately leave the Authority with evidence of the existence Government, you cannot force premises. You must not require workers of force majeure. This is generally limited employees to work remotely when there to resume work at the premises for as to cases directly impacted by the is no imminent and serious risk of long as the hazard persists (subject to lockdown measures. coronavirus infection or no suspicion justified exceptions). This will have no employees could become infected. impact on workers’ salary or employment, For suspension of employment contracts unless they act in bad faith or commit or working time reduction for The Spanish Government Guide on serious negligence. economic/technical/organisational/produc employment and coronavirus states tion reasons (allowing employees to remote working could be adopted by Employers directly or indirectly affected receive the corresponding unemployment collective or individual agreement on an by lockdown cannot unilaterally impose benefit), a maximum seven-day exceptional basis for essential tasks holiday on employees. However, it would consultation period with employees’ legal which cannot be carried out in the usual be possible to reach an agreement with representatives is required and physical workplace once the necessary employees or their representatives, employers must inform the Labour health and preventive measures have depending on the number of affected Authority. Although employers must been taken. employees. negotiate in good faith and reaching an agreement is advisable, an agreement is If a remote working decision is Substantial changes in working not mandatory to proceed. Irrespective of implemented, the Government Guide conditions, other than suspension of whether agreement is reached, the expressly states that it must be on a employment contracts or reduction of organisation’s decision on the proposed temporary and extraordinary basis and working time affecting a number of measure must be communicated to the
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Labour Authority and workers’ This will qualify as an occupational To validly apply the support measures representatives within 15 days. Then accident for public pension purposes. described, employers must commit to individual communications must be sent maintain employment for six months to all employees. The measure could be Temporary support pay following the date of resumption of effective from the communication date to activity. Fixed-term employees whose the Labour Authority or any later date Employees affected by suspension of contracts are terminated during the state specified. This procedure also requires employment contracts will be entitled to of emergency will have access to employers to provide the Labour the corresponding unemployment benefit. unemployment benefit, provided their Authority and workers’ representatives For reduction of working time, employment contracts had a term of at with evidence of the reasons invoked. If unemployment benefit will be proportional least two months. there are no elected workers’ to the reduced working time. representatives, the most representative Gig economy workers can ask for trade unions in the employer’s sector will Under Government-approved measures, cessation of activity benefit and be invited to negotiations. If the trade no minimum social security contribution exemption from social security unions refuse, collective consultations period is required for employees to contributions if they are directly affected must be done with a group of up to three receive unemployment benefit. by lockdown or can prove their income is employees elected among the affected. Unemployment benefit received because 75% below average turnover during the Dismissal of employees for force majeure of employment suspension/working time six-month period immediately prior to or economic, technical, organisational or reduction will not reduce the maximum lockdown. Cessation of activity benefit is production reasons linked to Coronavirus unemployment benefit period accrued 70% of the worker’s average social is considered legally unjustified. before suspension/reduction took effect. security contribution base. In other Unemployment benefits are equal to 70% circumstances, gig economy workers can of each employee’s average social ask for a six-month postponement social security contribution base for the 180 security contributions payment for April to Sickness and quarantine pay days prior to suspension of contracts up July with a 0.5% postponement interest to a monthly gross maximum of EUR rate. The postponement interest may not Infected employees will be deemed to 1,098.09 for employees without children, apply in certain circumstances as yet have a temporary disability (sick leave), EUR 1,254.86 for employees with one undefined. which qualifies as an occupational child or EUR 1,411.83 for employees with accident for public pension purposes. It two or more children. will not be possible for these employees to stay at, or work from, home and, For force majeure suspensions or The Spanish government has approved therefore, they should not receive working time reductions, organisations the extension of the state of emergency remuneration from you. Where agreed with fewer than 50 employees are entitled until 00:00 on 26 April 2020 (decision of upon either collectively or individually, to 100% exemption on employer’s social the Spanish parliament, dated 9 April however, you may pay them the security contributions while the 2020, declared through the Royal decree employer’s supplement to Social Security suspension is in place (headcount is 463/2020 of 14 March). An Order sick pay. Quarantined employees will be counted at 29 February 2020). For effective for 30 days from 00:00 on 23 deemed to have a temporary disability. organisations with 50 or more employees, March 2020 establishes the categories the exemption is up to 75%.
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of individuals who can be admitted to Companies that have not implemented who has to take care of children up to Spanish territory during this period (Order employment contract suspensions or 12 or any dependent parent. INT/270/2020 of 21 March). An Order of working time reductions can ask for a six- Employers cannot refuse this 10 April establishes the extension of month postponement of social security reduction, provided the proposed inland border controls due to coronavirus, contributions for April to June with a 0.5% which will be maintained until 26 April at postponement interest rate (exemption working time is within the midnight (Order INT 335/2020). from interest payment may be available in organisation’s ordinary working time. circumstances to be defined). Employees cannot be dismissed without a valid cause while benefiting Employees affected by suspension of from working time reduction and for an If one or more employees in a workplace employment contracts and self-employed additional 12 months. appear or are suspected to be infected, people who have temporary closed their • Right to temporarily change or waive you must immediately call the telephone business are entitled to anticipated number provided for this purpose by the payment of part of the rights under their any working time reduction or special Public Health Service in each pension plans to compensate income working time scheme currently in Autonomous Community. You must losses. place. follow the instructions provided by the Health authorities. The fact that a Employees have been granted special The term of fixed-term employment potential infection is notified to the Health rights to ask for changes to working time agreements affected by suspension of Authorities by a worker, their colleagues to take care of partners or family contracts will be suspended and resume or their relatives, does not exempt you members (up to the second degree of after the suspension ends. Administrative from their obligation to inform the Health kinship), if they have special needs and judicial procedural terms have been Authorities directly. derived from coronavirus ( including: suspended during the state of emergency closure of schools, infection of the partner for non-urgent procedures: only hearings or family member, etc). These include: for urgent procedures are being held.
Organisations may be affected by public • Right to request working time or Special measures regarding mortgages health measures established by the change in the way services are and rents: economically vulnerable Spanish Health Authorities depending on rendered, (such as flexible working people are entitled to a mortgage the level of coronavirus alert. You should time, changing work site, shift or payment holiday. Special guarantees on telecommunications and utilities: these implement any measure established by function, telework, etc.). In the event the Health Authorities. cannot be cancelled during the state of of disagreement, employer and emergency. To mitigate the effects of Gisella Alvarado employee should use best efforts to Coronavirus the Government has Spain reach an agreement. approved an extraordinary amount for Sagardoy Abogados • Right to ask for a working time public guarantees to cover private loans [email protected] reduction (with proportional salary for the self-employed and companies. The following measures have been reduction) up to 100% of working time implemented. Back to top on 24 hours’ notice, for an employee
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social distancing. Moreover, restaurants, carry out these tasks work under as safe bars, cafés, nightclubs and other conditions as possible. Sweden The Public Health Agency of Sweden has businesses that serve food or beverages recommended high schools and to their customers are required to take To avoid the spread, employers should Last updated: universities close and provide education measures so that people do not queue up ensure that the employees, if possible: 11/5/2020 online. Elementary schools are not with a high risk of spreading Covid-19. If closed. If there is a suspicion that a child not necessary, when travelling in • keep distance from one another; is spreading the infection or if a child is Stockholm, travellers are asked not to infected, the employee can receive take public transport. For more detailed • regularly wash their hands with soap remuneration from the social security information, please see the Public Health and water or otherwise or use system (‘VAB’) for staying home. The Agency’s FAQ in English. alcohol-based hand sanitiser, employee does not have the right to receive salary or social security system • can work from home; payments if he or she stays home with a child because of being worried that the As stated above, Sweden has not closed • avoid unnecessary travel at work; child could get infected in school. the community and workplaces to the and same extent as the rest of Europe. Many You have the right to instruct employees employers have instead chosen to close • can adjust working hours to avoid to work from home if needed, regardless workplaces and directed employees to travelling during rush hour (public of whether the employee has any work from home. Employees’ hours may communication). symptoms or not. Work from home is also be reduced, see below regarding recommended, if possible. short-time work. There are therefore no We recommend you provide employees recommendations on how or when closed with guidelines on how the risk of If the employer has decided that they businesses are to open. spreading can be reduced in the should work from home, the employee workplace but also when to work from should comply with such policy. The However, to minimise the risk of infection home and other matters. The employer is responsible for the spreading in Sweden when workplaces organisational and social work organisation and for ensuring the work are open all employers should make a environment also needs to be addressed, environment is safe and that no one risk assessment according to the meaning that employees’ anxiety about becomes sick because of their work. If provisions issued by the Swedish Work the coronavirus should be assessed and this cannot be guaranteed due to an Environment Authority relating to measures taken. If you direct an outbreak, the organisation may have to systematic work environment employee to come back to the office, close down a site or an office temporarily. management and infection spreading. provided that she/he is not sick, the The employer should plan how a potential employee must come back to the office. Sweden is not currently in lockdown, outbreak in the workplace would be Once someone has been confirmed sick, although various measures have been handled, identify the particular work tasks the employee shall stay at home at least imposed which impact on certain that needs to be done continuously and seven days after become sick, and businesses. For instance, public make sure that all the employees that should also be free from symptoms for gatherings of more than 50 people are two days. forbidden and persons are asked to keep
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Given the incubation period of the do so (if the person refuses) through a anxiety about becoming infected, the coronavirus is two to 14 days before court decision. If an employee refuses to employer is not obliged to pay salary as symptoms occur, you need to keep in tell or be tested, you can instead order this can be seen as refusal to follow the mind that more employees can be him or her to stay at home and not come employer’s order. affected due to the high risk of spreading to work. When someone is home due to and therefore encourage the employees infection, this should not be If an employee is infected and therefore to be vigilant about potential symptoms. communicated to their colleagues, unless sick, the employee is not fit or available Many people will not be tested, and if necessary. The employee must be for work. If that occurs, normal sick leave they feel sick they should stay at home informed about any such communication and pay rights in Sweden apply. The first until they are free of symptoms and for beforehand. Any information regarding day of sickness, which is normally two days after that. sickness or employee’s health should not unpaid, will now be paid by the social be processed, unless necessary. security system. The social security A general preventive measure against system will also reimburse the employer respiratory infection is to avoid touching Tracing apps for the sick pay that shall be paid by the your face and eyes and to avoid close employer from day two up to day 14 contact with sick people. Wash hands Sweden has not yet introduced any during April and until July. But also after often with soap and warm water. Cough legislation or recommendations regarding that the government has assured to cover and sneeze into the bend of your elbow tracing apps. However, if these measures the extra costs for sick leave the or into a tissue to prevent infection from were implemented for businesses in employers may have. spreading around you, or from Sweden, employers would first need contaminating your hands. Face masks employees’ consent to register for and The Swedish Social Insurance Office has are not obligatory in the community. The use the app. It is not recommended to decided that during an interim period, sick best way to protect oneself and others in process personal data on the basis of pay can be paid until day 21 in the daily life and at work, according to the consent in an employment relationship. majority of cases, even if a doctor’s Swedish authorities, is to maintain social We therefore do not recommend using an certificate is not available (compared to distancing and good hand hygiene. app currently. If an employee does not that the employee before had to submit consent to the app, the employee cannot one to its employer on day 8). be denied salary. If an employee is held in quarantine, for instance due to the risk of infection Protecting privacy spreading, he or she may be fit for work but not available. In this case the If an employee is fit and available for employer is not obliged to pay salary if If there is a risk that other employees work, but the organisation has decided nothing else is decided. Employees in have been infected, the employee should that the employee should stay at home this situation have a right to sickness tell the employer if she/he is confirmed and the employee cannot work from benefits under the Social Insurance sick. If the employee refuses to say if he home, he or she is entitled to salary. If Code. or she is infected, you cannot force them the employee can work from home, to tell. You cannot force someone to be salary must be paid. If the employee tested, although a doctor may eventually chooses to work from home due to
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employee, i.e. business-related reasons people whose reason for travelling is to for terminations such as economical return to their homes, if they: dismissals. Reduction of activity • are an EEA or Swiss citizen, or are a Before an organisation takes any family member of such a citizen; Employers can agree with employees to decision regarding significant changes in • have long-term resident status in reduce working hours and salaries. The its activities (typically a restructuring), it Sweden or another EU Member Swedish government has implemented must on its own initiative consult with the new legislation for a short time work trade unions to which it is bound by a State; allowance. For more information please collective bargaining agreement, or if not • have a temporary or permanent see here. If these options are not enough, bound by a collective bargaining residence permit in Sweden or the employer may have to terminate agreement, with any trade union of which another EEA State or Switzerland; or affected employees are members. employment due to redundancy. • have a national visa for Sweden. Vacation Consultations must cover two issues. Firstly, the organisation must consult In addition, the prohibition does not apply to people who have particularly urgent Employees have the right to four regarding the restructuring, including the needs or who are to carry out essential consecutive weeks of vacation during economic, financial and technical reasons functions in Sweden. This includes, June – August. This also means that the for it, alternative measurements and among others, healthcare professionals, employers can require employees to take consequences. Secondly, the transport workers engaged in the haulage vacation during this period. According to organisation must consult about as to of goods and people travelling for the general rule in Sweden, employers whom to dismiss and the so-called imperative family reasons. The prohibition should consult with employees if ‘seniority lists’. After that, employees’ does not apply when travelling from collective consultation has not taken contracts can be terminated. Denmark, Finland or Norway. place (i.e. if the employer has a collective bargaining agreement). If it is not There have yet not been any significant possible to reach an agreement about changes to the ordinary restructuring allocating vacation d, the employer may process in the context of the coronavirus. decide about it, including which weeks The employer's responsibility for a safe should be taked. This also follows from work environment creates a right for an the aim with the Annual Leave Act, i.e. employer to require that employees that the employer must ensure that report if they have visited an area where The Ministry for Foreign Affairs has employees take vacation. the virus is spreading or been in contact advised against all unnecessary travel with persons that are infected. Employers abroad until 15 June. From 19 March until must not ask any questions which may Restructuring 15 May travel to Sweden is not permitted. lead to future discrimination claims. This prohibition applies to all foreign A restructuring process would invoke citizens attempting to enter Sweden from termination due to redundancy. all countries except those in the EEA and Termination due to redundancy is for any Switzerland. Exemptions are made for reason not related to the individual
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vary between 22.5% to 75 % for fixed costs, excluding salary costs. To receive There are no specific reporting the support the revenue must have been responsibilities to any authorities. The at least SEK 250 000 the last fiscal year. employer should however make sure to During March and April, the loss of collaborate with authorities in order to revenue must be at least 30% compared avoid the infection spreading. Make sure to the same period during the previous to cover how you deal with data privacy, year. The proposal is intended to come as this involves sensitive health data, see into effect 1 July 2020. For further 3 above. information consult the government’s website.
The Swedish government have It is important to keep informed about introduced several new tax orders and new measures from the government and changes. For example, the government recommendations from the Swedish has introduced a deferral for payments of Public Health Agency, but also take the employer’s contributions, employer’s actions described above. preliminary taxes for companies and VAT. The government has implemented Back to top actions directed mainly towards small businesses, such as a government loan guarantee, temporary reduction of payment of employers’ social security contributions and individual contributions for all businesses with up to 30 employees, temporary discounted rental costs in vulnerable sectors and temporary modifications of the rules for tax allocation.
More recently the government proposed Sofia Lysén support to businesses that have Sweden experienced a loss of revenue due to the Elmzell current situation. Companies can receive [email protected] support for the business’s fixed costs. The level of support depends on how big the company’s loss of revenue is. It can
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maintained are not affected by the The following FOPH guidelines still apply: national lockdown. However, wherever Switzerland The Swiss government categorised the possible, home office is recommended. • Keep your distance, for example: current situation as ‘extraordinary’ under protect elderly people by keeping an Last updated: the Swiss Epidemics Act, and adopted adequate distance from them; keep 7/5/2020 the following lockdown measures: your distance when queuing or Prohibition of all public and private Starting 27 April 2020, hospitals were waiting in line; keep your distance at events; ban on classroom (face-to-face) allowed to resume all medical procedures meetings. teaching at schools, universities and (including non-urgent procedures), and other training and education; closure of outpatient medical practices, • Wash your hands thoroughly. all shops, markets, restaurants, bars, hairdressers, physiotherapy and entertainment and leisure facilities, such massage practices and cosmetic studios • Avoid shaking hands. as museums, libraries, cinemas, concert were allowed to reopen. The same halls and theatres, sports centres, applies to DIY stores, garden centres and • Cough and sneeze into a tissue or swimming pools and ski areas; closure of florists. the crook of your arm. businesses where the recommended distance cannot be maintained, such as The next phase of steps to ease • If you have a high temperature and a hairdressers and cosmetics studios. restrictions took effect on 11 May 2020 cough, stay at home. These measures have been gradually and affects primary and lower secondary eased starting 27 April 2020 (see point schools, shops, markets, travel agencies, • Always call ahead before going to 2.). museums, libraries, certain sports the doctor’s or the emergency facilities and restaurants. In order to department. Exempt from the ban are food stores and reopen or resume activities, a set of other shops selling articles for everyday precautionary measures must be in Special measures must be adopted for use, takeaway establishments, staff place, in particular social distancing and employees at particularly high risk canteens, meal delivery services and other health and safety measures. (employees over the age of 65 or with an restaurants for hotel guests, pharmacies, underlying medical condition). drugstores and shops selling medical The following continues to apply for all aids (e.g. eyeglasses and hearing aids), employers: The FOPH has recommended that post offices, sales points for companies prepare a pandemic plan with telecommunications providers, banks, You must provide and maintain a safe the aim of both ensuring that essential petrol stations, railway stations and other and healthy work environment. Therefore, business processes can be maintained, public transport facilities, maintenance you must stay informed on the ongoing and minimising the risk of infection in the facilities for vehicles and other means of spread of the virus and take the workplace. For this purpose, the FOPH transport, public administration offices appropriate health and safety measures. has published a manual for operation and healthcare facilities such as These measures include monitoring and preparation for small and medium-sized hospitals, clinics and medical practices. complying with the guidelines and rules companies, and advises to them activate published by the authorities, namely the their Business Continuity Management Other workplaces where the Federal Office of Public Health (‘FOPH’). (BCM) system. recommended distance can be
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Temporary pay support
Sickness and quarantine pay If you are obliged to close the workplace Protecting privacy due to national lockdown or if work is If an employee is prevented from working reduced due to the economic impact of Employers must do their best to control for a personal reason for no fault of his or the Covid-19 crisis, you may apply for the spread of the virus. Therefore, given her own, you must continue to pay his or short-time working compensation from the extraordinary circumstances, her salary for a limited period of time the competent authorities. You will need employers have a legitimate interest in based on Article 324a of the Swiss Code the employees’ consent to apply for this asking their employees questions about of Obligations. Thus, if an employee is compensation. Statutory benefits cover their health status and requesting that infected with the coronavirus and 80% of the salary corresponding to the they submit to thermal scanners and/or therefore unfit for work, he or she is lost working hours. Salaries are insured have their temperature checked as a entitled to receive salary according to the up to a maximum of CHF 148,200 precondition to entering the employer’s rules set out above. annually. facilities. Likewise, if an employee cannot come to The Swiss government has also made Employees must inform you if they got work due to the infection of his or her substantial funds available to finance infected by the virus based on their duty child, you are also obliged to pay his or bridging loans. of loyalty. This includes providing her salary during the absence, normally information about close relatives or other for up to three days. contacts who have been infected. An employee would be in breach of his or However, if the employee’s child is not her contract and risk severe infected but the childcare facilities and/or Reduction of activity consequences if he or she did not inform the schools are closed, it is unclear whether you must continue to pay salary. you of the infection. You cannot force an Under the current circumstances, In order to protect individuals from loss of employee to get tested for coronavirus. homeworking is recommended wherever earnings due to family care obligations, possible Homeworking may be the Swiss government has now Tracing apps specifically requested if an employee is introduced a new form of statutory quarantined by a doctor, but is still fit to compensation for both employees and The use of tracing apps is currently being work, and for employees at particularly self-employed individuals. debated. According to the current state of high risk. discussion, the use of tracing apps is If you decide to close down the workplace unlikely to be imposed by law, but would If social distancing cannot be maintained without being obliged to do so, you will remain voluntary. in the workplace, you may be required to have to continue salary payment. close down the workplace (see Lockdown measures, above). If you are obliged to close down the workplace due to national lockdown rules, we are of the view that you are no longer obliged to continue salary payments.
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If you are obliged to close the workplace You should offer your employees the emergency aid for various business due to national lockdown or if work is opportunity not to use public transport at sectors. reduced due to the economic impact of peak times if at all possible (e.g., the Covid-19 crisis, you may apply for temporary adjustment of the working short-time working compensation from time). Furthermore, business trips should the competent authorities. In our view, be avoided for the time being. Employees Given the enormous pressure currently you may also invoke force majeure and might refuse business trips that are on hospitals and clinics and the resulting refuse further salary payments. Further unreasonably unsafe. workload, Swiss government has possible measures could include weakened the statutory restrictions on dismissals, agreements with employees No restrictions can be imposed on working hours and rest hours for on salary reduction or salary deferrals. employees for private travels. However, employees in the health sector. based on the current FOPH Restructuring recommendations, everyone is
encouraged to stay at home. Employers can restructure: There are no The FOPH and the State Secretariat for restrictions on restructuring in Economic Affairs (‘SECO’) regularly coronavirus-related national programmes Roberta Papa publish information and updates about in Switzerland. In the event of major Switzerland Based on the employer’s duty to the current situation in Switzerland and a restructurings affecting a significant Blesi & Papa safeguard the employee’s personality, number of guidelines and rules are number of employees, special attention [email protected] employees must be protected against any available on their respective websites must be paid to collective dismissal rules form of discrimination. Thus, any (some of the published information is (information and consultation measure should apply equally to all available in English). You should requirements) and the possible obligation employees regardless of their nationality, therefore regularly check the information to negotiate a social plan. gender or ethnicity. provided here and here.
Back to top The Swiss Federal Council has decided As of now, you are not required to report to extend entry bans and border controls. any infection to the authorities or inform Only Swiss citizens and individuals with a or visit your doctor. valid residence permit or work permit in Switzerland are allowed to enter
Switzerland from abroad. Transit and René Hirsiger movement of goods with a certificate are Switzerland still permitted. In addition, the Swiss Blesi & Papa Federal Council has decided that no In addition to the financial support [email protected] Schengen visas and national visas will be measures described above, the Swiss issued for any third countries until 15 government has made funds available for June 2020.
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banks, state agencies and enterprise comply with the employer’s order may offices and restaurants, for delivery lead to disciplinary action. Thailand The government has issued an order to and takeaways only). temporarily close a total of 34 types of The Department of Disease Control at the Last updated: venues, including crowded venues such • Beauty salons and barber shops (to Ministry of Public Health has issued 11/5/2020 as shopping malls, schools, universities, be opened only for hair washing, guidance for employers on responding to pubs, bars, theatres and sports stadiums cutting, thinning, dressing the coronavirus outbreak. in Bangkok and surrounding areas, until (customers are not permitted to wait 31 May 2020. For other provinces within inside shops). This includes the following: making notice Thailand, the local administration of each boards/posters of information on limiting province has the power to issue orders or • Outdoor sports facilities. disease transmission, conducting risk take tougher measures to prevent the surveys about coronavirus among staff, spread of the coronavirus, and similar • Public parks for outdoor areas only. conducting temperature checks every day orders have been issued in many before starting work, and keeping the provinces. Thailand has postponed its • Restaurants, beverage shops, workplace clean by means of proper traditional New Year holidays in April retail/wholesale shops, markets, disinfection measures. indefinitely. There has recently been a floating markets, flea market, street relaxation of certain measures, see 2 stalls. If it is found that an employee has travel below. history to places found to have confirmed • Pet grooming shops. cases of coronavirus during the dates For businesses that are not compelled to and times as announced, the employee should self-quarantine for 14 days and cease operations temporarily, employers • Sales of alcoholic drinks for the health screening staff of the are encouraged to permit their employees takeaway only. to work from home. Department of Disease Control will monitor the employee during this period. Owners of these businesses that will reopen must follow standard health Separately, if an employee who comes to precautionary measures such as work has a fever (37.5°C) accompanied Under the Emergency Decree, certain maintaining space between people, by at least one of the following respiratory categories of businesses and activities temperature checks for all customers, symptoms: a cough, runny nose, have been allowed to reopen from 3 May seeing people by appointment, sneezing or sore throat, you should grant 2020 (with certain conditions). These encouraging both customers and staff to the employee leave and allow them to go include: wear face masks at all times, limiting both back home immediately to minimise the the number of customers and the time chances of spreading the disease in the spent using the services. • Certain parts of shopping malls, workplace. If the employee is not better department stores and community within two days or if their condition If an employer will reopen its business malls (such as drug stores or worsens, you should encourage the and requires employees to come back to miscellaneous stores for necessary employee to seek medical care at a work, the employees must comply with items, retail shops for hospital immediately. telecommunications business, the order of the employer. A failure to
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stop paying salary under its work rules; and
On the assumption that the tracing • consider the severity of the Reduction of activity application requires the input of employee’s non-compliance (i.e., employees’ health information, this whether or not the non-compliance Where the employer intends to information would be considered with the order is serious enough to temporarily cease operations wholly or ‘sensitive personal data’ under the Thai order suspension or whether a partly out of necessity Personal Data Protection Law. As such, written or verbal warning would be the employer would be required to obtain more appropriate in the first Under the Labour Protection Act 1998, an consent from the employees prior to instance). employer is permitted to cease its collecting and processing such sensitive operations temporarily and pay personal data. Otherwise, as a disease prevention employees at least 75% of wages in the measure, the employer would be entitled event of a necessity which is not a force From a Thai law perspective, an to order the employee to work from home majeure event. However, the necessity employer is entitled to issue an order to and in such a case, the employer would must be sufficiently serious such that it its employees in relation to the work be required to make salary payments as affects the operation of the employer’s required to be done, the workplace or any normal. If the application alerts the business to the extent that it is unable to measure to protect the employer’s employer that an employee is required to operate as usual. In the current situation, business or workplace for health and self-quarantine, the employee would still some employers that are not compelled safety purposes. In other words, the be entitled to receive salary. to close their establishments temporarily employer would be entitled to order the but are significantly affected by the employees to install the tracing situation, may exercise this right in order application. The employer would also be to reduce their employees’ wages. In those cases, the employer must give entitled to know when an employee An employee is entitled to take sick leave notice to both their employees and the receives a notification. for as long as s/he is actually sick and the labour inspector not less than three employee is entitled to wages throughout working days prior to the date on which Where an employee refuses to install the the leave period, not exceeding 30 the business operation will cease. As application, this would be deemed to be working days per year. If an employee is each business is different, the level of non-compliance with the employer’s unable to work due to being hospitalised necessity must be considered on a case- lawful order and the employer would be or quarantined, the employee will use this by-case basis. required to follow the steps in the leave as sick leave. As at 8 May 2020, disciplinary procedures set out in its work there are no specific measures issued by Where the employer is forced to rules. In doing so and before taking the government to support employees temporarily cease operations wholly or action, the employer would be required during the quarantine period. to: partly because of the government’s order
• ensure that the employer has the The government has released a right to suspend employment and notification closing down certain types of businesses temporarily as a preventive
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measure. This may be considered as an reducing their salaries or suspending its business from closing down) would be unavoidable force majeure event and if their employment contracts. deemed by the labour court to be unfair. so, the employer has no duty to pay wages (i.e. no work, no pay). Restructuring Forced annual leave Under Thai law, an employer is entitled to Incoming flights and other means of terminate employment at its discretion. transport (with certain exceptions) are For annual leave, you may determine the The procedure for the selection of banned until 31 May 2020. Outgoing date(s) on which your employees are employees whose employment will be travel is not recommended. Employees required to take annual leave (as the law terminated must be made fairly (e.g. should refrain from or delay non-essential provides that employers can specify the using certain definite criteria or using the cross-provincial travels. If an employee annual leave dates for employees) or same criteria among employees whose needs to make cross-provincial travel, annual leave can be mutually agreed employment would be terminated, such he/she is required to obtain permission between you and your employees. as years of service, annual evaluation from the relevant provincial governors, grading or skill and experience). The undergo screening and comply with reasons for termination of employment Leave without pay official disease prevention measures. should be clearly set out in the You and your employees may mutually termination letter in order to minimise any agree on leave without pay. If you would subsequent argument from the employee prefer employees to take leave without that termination was unfair. pay due to the impact of the pandemic, Generally, an employer is required to you must request the consent of Although employers may be severely treat male and female employees equally employees to do so. affected by the coronavirus crisis, a in employment unless the description or termination of employment as a result of nature of work prevents such treatment. Reduction in salary and working hours or the effects of the pandemic does not As such, when you will launch any suspending employment contracts exempt the employer from the policies during the coronavirus outbreak, requirement to pay statutory severance you must implement them equitably, fairly Generally, any change made to the terms pay upon termination of employment. In and without discrimination. and conditions of employment requires addition, even if the employer terminates the employee’s consent, unless the employment and pays the employee the changes are more favourable to the required statutory severance pay, the employee could still file a claim in the employee. If the employer wishes to When one of your employees is labour court for damages for unfair reduce employees’ salaries or suspend confirmed as having the coronavirus, you termination. The general rule is that the employment contracts, this would be must notify the relevant Public Health court would consider each case on its considered as the employer wishing to Office. change the terms and conditions of own merits. It is not yet known whether employment in a manner that is less termination of employment as a result of favourable to the employees. To do so, the crisis (for example, where the the employer would need to obtain employer is suffering losses and consent from the employees prior to terminates employment in order to avoid
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SME employers who participate in the government’s low-interest credit measures will be entitled to deduct 1.5 Emergency Decree times the interest paid from 1 April to 31 December 2020 for corporate income tax On 25 March 2020, the Thai government purposes, again, subject to conditions. announced an Emergency Decree to control the spread of the coronavirus in The filing deadline for personal income Thailand. Under this Decree, a tax returns has been extended from 31 coronavirus emergency centre has been March to 31 August 2020. set up to keep the public informed on a daily basis. There will be a transfer of VAT registrants (limited companies and power from Ministers to the Prime public limited companies) will be entitled Minister. In addition, travel restrictions to obtain faster VAT refunds. may be imposed. The Emergency Decree is effective from 26 March to 31 May The social security contribution rate (for 2020 and an extension may be both employers and employees) has announced if deemed appropriate by the been reduced from 5% to 4% for March government. The Bangkok governor and to August 2020. provincial governors have to right to announce surveillance prevention and control measures for travellers coming from other provinces. • Thai Ministry of Public Health (available in English and Thai). Tax • Civil Aviation Authority of Thailand The withholding tax rate imposed on (available in English and Thai). payments for the hiring of work, services, professional fees and commission has Back to top been reduced from 3% to 1.5% from 1 April to 30 September 2020 and reduced to 2% from 1 October to 31 December 2020.
Sui Lin Teoh SME employers will be entitled to deduct Thailand three times the eligible wages paid to Rajah Tann Thailand employees in respect of April to July 2020 [email protected] for corporate income tax purposes, subject to certain conditions Moreover,
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Employers must also continue to implement the following measures until Turkey Currently in Turkey the hairdressers, Turkey has started to implement the threat of coronavirus is eliminated. hairstylists and beauty centres are measures to resume normal life. The plan Last updated: suspended temporarily, schools are below is being implemented by Turkish You must inform employees about the 12/5/2020 closed and remote learning is in place government: health and safety rules they must follow until further notice by the Ministry of to avoid coronavirus, such as washing National Education. • From 10 May individuals over 65 are hands frequently with soap for at least 30 allowed to go out. This is extended seconds, avoiding crowds, social Some current precautions taken by the to those under 14 from 13 May and distancing, wearing masks if they become Turkish government are: those between 15 and 20 from 15 sick, avoiding touching their face without May. They can go out between washing hands, using hand sanitisers at • Groceries will serve between 09:00 11.00 and 15.00, provided social the office and not sharing towels or and 21:00 and the maximum number distance is maintained. glasses with those who have fallen sick. of customers at one grocery store will be equal to one tenth of the total • Businesses such as hairdressers, If a person becomes sick with a high service area (excluding storages, hairstylists, beauty centres were fever, sore throat and cough, he or she offices etc.). allowed to start activity on 11 May, must be advised to stay at home and call provided the relevant precautions the number provided by the government • All public service vehicles operating were taken (including cleaning, for directions. Other employees in the in or outside of the city will carry requiring bookings and reducing workplace should be followed up closely passengers at only half of their capacity). and warned to be careful. If an employee capacity. is diagnosed with coronavirus, others • Shopping centres can open (from 11 who have been in contact with them, • People above the age of 65 and May) subject to conditions. including colleagues, must be people born on or after 1 January quarantined to avoid spreading the disease. 2000 and individuals with chronic • Other retail business can reopen diseases cannot go out. (from 11 May), if the relevant precautions are taken. It is important to keep employees informed and handle any cases of • Entering and exiting 15 cities (by coronavirus calmly and in a way that public transportation, private • Entry to and exit from 16 of the cities does not lead to panic and disorder at the vehicles, foot, etc.) is banned until previously subject to a ban is office. You should set up systems to 19 May 2020 and only permitted with permitted from 12 May. enable employees to work remotely if the written permission from the virus spreads. It is justifiable for governorship. • Masks will be sold at easily employers to ask employees whether accessible locations. they are infected and/or whether they The prohibition on going out extends • have recently travelled to a high-risk to the whole country on weekends area, and this should be done as a way of and national holidays. protecting the employees. However, the
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employers cannot guarantee that people express consent of the employees. not be tracked, as this may constitute will always tell the truth and they may Processing of personal data must be breach of personal data protection rules. also refuse to tell the employers. limited to the purpose of processing and unnecessary data must not be collected. At the moment there is no way for Personal data must be stored only for the employers to require an employee to be period necessary for the purpose of Requesting employees use unused paid tested for the virus. The government processing or for the period set out by leave : In the current situation, we believe advises people to check their health law. employers can request employees take regularly and immediately go to hospital if paid leave days. they have symptoms. It has also issued Employers must also inform employees advice about handwashing and sanitation of the identity of the data controller and Requesting employees take unpaid and to avoid hugging, kissing and hand its representative, if any, the purposes for leave: As a general rule, implementing shaking. which the personal data will be unpaid leave is considered a material processed, to whom and for which change in the employee’s employment In addition, if employees encounter a purposes the processed personal data conditions; therefore, the employees’ serious and imminent danger in the will be transferred, the method and legal written consent to it must be obtained. workplace, they can notify the employer reason for collection and the rights of the Therefore, unilateral implementation of and necessary measures to counter it are data subject. Personal data must be unpaid leave by the employer will be implemented. The employer determines deleted, destroyed or anonymised when considered as unilateral termination of whether there is a danger and notifies there is no longer any lawful reason for the employment agreement. employees. Employees can refrain from employers to retain or process it. Under working on site until the appropriate Turkish law, personal data must not be However, recent amendments to labour measures are taken. If the serious and transferred abroad without the express legislation allow employers to place their close danger is unavoidable, employees consent of the employee, unless one of employees on unpaid leave for a are entitled to leave immediately and to the exceptions apply, for example, where maximum of three months (i.e. until 17 go to a safe location. Employees’ rights the personal data has been made public July 2020). In this case, employees will are not prejudiced under these by the employee concerned. Further receive a daily cash payment (for each circumstances. restrictions also apply to transfers of personal data abroad. day of unpaid leave) of TRY 39.24 from the Turkish Employment Agency. This period may be extended for three months Tracing apps by the President of Turkey. We are of the opinion that employees Protecting privacy Collective leave: Employers may cannot be forced to install tracing apps. implement collective leave in the Additionally, if an app is installed by Employers must protect employees’ workplace, covering all or part of the employees, we are of the opinion that the personal data. As data controllers, workforce from the beginning of April until matters such as the time of receiving a employers must comply with all their legal the end of October. Employees who are notification by the employee or whether obligations. Firstly, employers cannot not entitled to leave as of the date of the the employee is in quarantine etc. must process personal data without the collective leave may also be included in
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this. Note employees’ consent may also and signing additional protocols to record list with information on employees to be required in some cases. it. In part-time employment, each whom short-time working will apply to the employee’s working period must be two email addresses provided by the Agency, Sickness and quarantine pay thirds of the normal working period. along with evidence.
Sick leave and pay is regulated under Remote Working: To protect the health of Normally the Agency conducts a review labour law and there are no special the employees and the public, many to decide whether the applicant is entitled provisions for the coronavirus. If employers have started to adopt remote to short-time working allowance, but employees are not on a fixed monthly working. under the new amendment, it will now salary, the employer’s obligation to pay approve applications without review (to salary will only last for the first two days Short-time working: Short-time working avoid delays). It will now review after of the illness. After the second day, the has been enabled in Turkey to provide giving approval. Social Security Institution will take over temporary income support to employees and make a temporary incapacity employed in the workplaces where If an employer’s short-time working payment to the employee based on his or activities have been suspended and to request is approved by the Agency, the her salary until the employee comes back decrease costs to the employers during employer must announce it at a location to work, provided the employee is the coronavirus epidemic. visible to employees at the workplace (or eligible. notify them if is this not possible) and Short-time working can be applied if the inform any union that party to the During a workplace quarantine, weekly working periods are decreased collective agreement, if any. employees are entitled to half pay for up significantly activities have ceased partly to one week within the period when the or completely due to general economic, To be entitled to short-time working force majeure event is taking place. After sector-specific, regional crisis and force employees must be entitled to that, they have no entitlement to be paid. majeure events. unemployment allowance as per the working periods and premium payment An employer that wants to implement days in respect of unemployment short-time working must first inform the insurance at the time of commencement Turkish Employment Agency (‘Agency’) of short-time working. Reduction of activity (and any union at the workplace that is party to the collective agreement) in The daily short-time working allowance is writing. If the Agency approves the 60% of the employee’s daily average In addition to putting employees on request, short-time working may be gross income. It is paid by the Agency unpaid leave (see 4 above) the following applied at the workplace by employers. In during the period of short-time working for options are available to employers. general, a review is conducted at the a maximum of three months. workplace by labour inspectors following Part-time Employment: During the risk such a request. However, given the Restructuring period for the coronavirus, employers can current circumstances, the Agency has implement part-time employment with stated that a request for short-time employees’ prior written consent, or by Following a recent update to Turkish working may be made by sending the agreeing this with employees mutually labour legislation, employers are currently Short-Time Working Request Form and a prohibited from terminating employees,
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except for just cause for acts contrary to Ireland, Italy, Jordan, Kazakhstan, Kenya, workplace, this is unlikely to be goodwill and unethical acts for three Kosovo, Kuwait, Latvia, Lebanon, considered discrimination, since months from 17 April 2020. Instead they Mainland China, Mauritania, Moldova, employers are also obliged to protect the should use the unpaid leave provisions Mongolia, Montenegro, Morocco, Nepal, health and safety of other employees. detailed in 4 above. If an employer Netherlands, Niger, North Macedonia, breaches the prohibition, it will be subject Norway, Oman, Panama, Peru, to an administrative fine of one monthly Philippines, Poland, Portugal, Saudi gross minimum wage for each employee Arabia, Slovenia, South Korea, Spain, Sri Health data cannot be processed without terminated during this period. Lanka, Sudan, Sweden, Switzerland, the explicit consent of the data subject Taiwan, Tunisia, Ukraine, United Arab (see 3 above), but there are exceptions if Additionally, the risk to the employer of a Emirates, United Kingdom and processing is necessary for the protection potential legal challenge will be higher as Uzbekistan. of public health. Therefore, we believe it has breached a legal prohibition. This employers should immediately tell the prohibition may be extended for three There are exceptions for Turkish authorities if there are coronavirus months by the President of Turkey. nationals and work and residence permit patients in the workplace. holders.
Turkish Airlines has banned all domestic flights through 20 April. Those who wish Turkey has suspended the vast majority to travel domestically despite this must of international commercial flights into obtain permission from the Turkish Turkey with Turkish Airlines banning all Litigation proceeding are suspended 'Travel Permit Council'. Since 18 March, international flights extended through 20 temporarily (except for certain processes) Turkey has closed its land and sea May. Please check with an air carrier until 15 June 2020. borders with Greece and Bulgaria. Greek directly for up-to-date information. Turkish and Bulgarian nationals, and those in airlines has also banned all domestic A number of economic support measures Greece or Bulgaria within the last 14 flights through 20 April. have been introduced. They are set out in days, are also barred from entry to detail here. Turkey. From 14 March, the land border Since 23 March, Turkey has suspended with Georgia is also reported closed. The flights and barred admission to travellers Back to top land borders with Iraq and Iran are who have recently transited through or currently closed. There is an exemption visited the following 68 countries in the for Turkish nationals and those with work last 14 days: Algeria, Angola, Austria, or residence permits, who are Azerbaijan, Bangladesh, Belgium, quarantined rather than barred. Batuhan Şahmay Cameroon, Canada, Chad, Colombia, Turkey Cote d'Ivoire, Czech Republic, Cyprus, Bener Law Office Denmark, Djibouti, Dominican Republic, [email protected] Ecuador, Egypt, Equatorial Guinea, Finland, France, Georgia, Germany, If an employee who has coronavirus is Guatemala, Hungary, India, Iran, Iraq, not allowed to work or enter the
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• The underground is stopped in Kyiv, Step 1: Hairdressing and beauty salons, Ukraine Dnipro and Kharkiv. summer terraces of cafes and From 12 March 2020 to 22 May 2020 all • Buses and trams will work with restaurants, sale of non-food items, bicycle rental and activity of lawyers, schools, universities and other limited capacity and are only allowed Last updated: educational institutions will be closed for dentists and psychologists. 7/5/2020 quarantine. Depending on the spread of to carry workers from critical coronavirus this term may be extended. enterprises with no more than ten Step 2: Restaurants (take away only), people at once. open-air cinemas, gyms (with The Parliament has adopted a special • Restaurants, cafes, shopping malls restrictions), hotels, sport events with no law with measures to combat the and fitness centres are closed, but more than 50 participants (without spectators). spreading of coronavirus. Among them is businesses are allowed to provide recommendation that employers request deliveries if staff use protective their employees to work from home. The Step 3: Shopping centres (without employer remains liable for work safety equipment (masks and gloves). entertainment zones), cinemas, theatres, even where the work is performed from Summer terraces of restaurants and recreation centres, eateries (with visitors). the employee’s home or other places. cafes have been announced to be open from 12 May 2020. Step 4: Entertainment centres, gyms, From 17 March 2020, it is prohibited to • Shops, pharmacies, gas stations and swimming pools, cultural institutions. hold mass events with more than ten banks may continue to operate with people. Step 5: Other restrictions. additional safety measures in place. The nation’s borders are closed until 22 • Other businesses can continue to Organisations must conduct their May 2020 and this closure is likely to be work online or offline. business in line with sanitary rules extended further. The air connection is adopted by the government of Ukraine. In particular, companies allowed to do shut down, apart from planes commissioned by the government to business from 12 May 2020 must comply evacuate Ukrainians who are stuck with the following rules: The Prime Minister of Ukraine has abroad. All airports except Kyiv Boryspil announced the plan for easing Airport (KBP) are closed. • social distancing: 1 quarantine. Precisely, the lockdown customer/employee per 10 m2 in measures will start to ease from 12 May The government announced the cafés, shops, restaurants, etc; 2020. Depending on the number of cases quarantine and state of nationwide of infection, the government will be emergency will last until 22 May 2020. easing the lockdown measures further. • sanitary treatment (cleaning) of Businesses and public transport will The overall plan for ending quarantine premises (twice a day). operate as follows: includes five steps of removing restrictions for the following business • All intercity travel by rail or bus is activities: cancelled.
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Employees are entitled to refuse to employee receives a notification if this Temporary pay support perform their working duties if this is due notification is related to performing work to the risk to their health and life. Apart duties.An employer can only restrict The Government has introduced from this, employees may take an access to the workplace if an employee temporary state support for SME unlimited number of unpaid leave days has visible signs of illness. employees. If the SME shuts down its within the quarantine period. activities (through layoff or otherwise), the The Government has introduced a tracing state will provide a temporary support for Ukrainian law does not oblige employers app “Diia” to track the movement of pay up to two thirds of each employee’s to test employees’ health. However, the people with Covid-19 symptoms and salary, but no more than one minimum municipal governments and State Labour those on mandatory observation or salary per employee (UAH 4,723). The Service of Ukraine recommend isolation. The app can only be used with support will be provided until the end of employers monitor employees’ consent. If a person does not consent to quarantine and for 30 days afterwards. temperature and send employees home if use it, then the observation or isolation The SMEs who have benefited from this they seem to be sick. However, conditions will be checked by police support, will not be allowed to terminate employers are not entitled to require visits. employees within six months after the employees on disclosure of health-related quarantine ends. Otherwise, they will information. have to return the total amount of support received. Sickness and quarantine pay
Employees who are sick and have a Protecting privacy doctor’s certificate to prove it are entitled to sick leave and sick pay. The amount of Reduction of activity Employers must obtain consent of the sick pay will depend on their record of trade union or works council or elected employment, at a rate varying from 50% The following measures are available to employee representative as appropriate) to 100% of pay. The first five days of sick employers to manage the reduction of to use health surveillance methods or leave are paid by the employer. Starting activity: tools in the workplace. In addition to this, on the sixth day, the Social Security Fund employers must also provide employees will pay the employer, who will pay the • requesting employees to work from with full information on the tools they are employee. home; using and obtain each employee’s • temporary lay-off with 2/3 of salary to consent before using them. The employees who have been in contact with coronavirus infected people and who be paid; Tracing apps have been instructed by doctors to stay in • paid or unpaid leave, if the employee self-isolation under medical supervision requests it; Employers cannot compel employees to are entitled to sick leave with 50% of their • reduction of staff with 2 months’ install tracing apps and employees may average salary paid by the Social notice. refuse to install them. An employer is only Security Fund. • part-time work. entitled to be informed when an
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Ukrainian employers cannot suspend From 16 March 2020, foreign nationals employment contracts or invoke force are banned from entering Ukraine. Only majeure to reduce business activity. those who have Ukrainian residence permits (temporary or permanent) will be On 24 March 2020 the government has The employer and employee may agree allowed to enter. announced the state of nation-wide to introduce a part-time working regime. emergency. It is not yet a martial law The employer may also initiate a part- Starting from 17 March 2020, the which has been also discussed but was time regime unilaterally by notifying government has imposed a ban on rail, not approved yet. Unlike the martial law, employees of the working regime change air and intercity buses until further notice. nation-wide emergency does not two months in advance. During part-time In cities it is prohibited to carry more than prescribe limitations of rights and remuneration the employee is paid pro ten passengers simultaneously by public freedoms, but is aimed to improve rata his or her normal salary. transport (buses, trams). The coordination between state authorities. underground has been suspended in all Restructuring cities where it operates (i.e. Kyiv, Kharkiv The Parliament has earlier approved and Dnipro). social security holidays for private Employers may announce temporary entrepreneurs (independent contractors). layoff for all or some of their employees. They will be allowed not to pay the social The employees do not work during security contributions in March and April downtime but must be paid two thirds of You must take care to avoid any 2020. Apart from that, all businesses will their average salary by the employer. discrimination based on nationality in enjoy the tax payment holidays in respect relation to those who may be suspected of the land tax. Employers can invoke restructuring with of carrying the coronavirus. For example, economical dismissals to follow. The if you were to introduce a blanket policy The Ukrainian Parliament has adopted a applicable law requires two months’ of limiting contact with Chinese Law introducing a no penalty regime for notice and severance payment of one employees, that would likely be payers of social security contributions for month’s average salary. The notice discriminatory. committing the following breaches: period cannot be replaced with a payment in lieu. • late payment (late transfer) of social security contributions; No changes have been adopted with regard to downsizing or restructuring due You are under no obligation to report to • incomplete payment or late payment to the coronavirus crisis. the authorities. If an employee falls sick of social security contributions at the and goes to the doctor, the doctor should same time as paying out amounts inform the authorities. subject to social security contributions (advance payments); From 14 March 2020, the Ministry of Foreign Affairs strongly recommends • late reporting of social security Ukrainian citizens to refrain from any non- contributions to the tax authorities. essential travel outside Ukraine.
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No penalties are imposed temporarily for the violations described above committed during the period from 1 March to 31 March and from 1 April to 30 April 2020. Within these periods no fines accrue and those accrued for these periods will be written off.
Apart from this, there exists a moratorium on conducting tax inspections related to verifying payment of the social security contributions from 18 March to 18 May 2020.
The Ukrainian Parliament has adopted a law which extends all procedural limitation periods for civil, commercial and administrative courts. Apart from this, participants in legal actions are entitled to participate in court hearings online (away from court premises).
The government has also announced temporary benefits for pensioners (i.e. an additional payment of UAH 1,000 to their state pensions).
The ‘coronavirus law’ allows employees to take an unlimited number of unpaid leave days. Before this, the ceiling for unpaid leave was 15 days per year.
Oleksandr Melnyk Back to top Ukraine Vasil Kisil & Partners [email protected]
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imposition of limited social gatherings. workplace); reducing the number of Those under the age of 12 or over the employees who can have meals in any United As of 8 March 2020, the UAE age of 60 are currently prohibited from workplace restaurant with minimum Government ordered the complete entering any of the UAE’s shopping mandated space between employees of Arab closure of all nurseries, schools and malls. Pre-approved permits are no at least two metres; and restricting universities across the UAE (initially for a longer required to be procured by customer visits to the work premises to four-week period) with a subsequent residents outside of curfew hours. 30% of the seating capacity. Exceptions Emirates system of e-learning or remote virtual apply to certain business critical sectors learning being put into place until further Companies operating in certain business (as above). The remaining 70% of the Last updated: notice. critical sectors which are broadly defined workforce must continue to work as including financial services, health remotely. 8/5/2020 On 24 April 2020, the UAE Government sector, pharmaceutical, food and retail eased the earlier mandated lockdown outlets, security services, construction, For those employees working remotely,
measures which were increasingly more logistics and delivery services, supply employers must comply with remote stringently applied in Dubai. Most chain, workshops, cleaning services and working-specific guidelines including employers are still operating under a cash transport, are exempt from the procuring the technical equipment work from home model due to the revised curfew and other directive necessary to facilitate home/remote continued imposition of a countrywide provisions; although they too remain working. curfew, specifically, from the hours of subject to appropriate implementation of 22:00 to 06:00 daily and until the end of health and safety and social distancing Employers generally continue to be the Holy Month of Ramadan measures. subject to a legal (and moral) imperative (approximately 23 May 2020), subject to to ensure the safety, health and welfare renewal (previous curfew measures of employees. You have a legal obligation varied across the UAE’s seven emirates to notify the applicable health authority in the emirate in which your organisation is with Dubai having implemented a three- Outside of curfew hours, there has been operating in the event that you suspect week 24-hour curfew model with limited a general, albeit limited, relaxation on an employee has coronavirus or is exemptions). commercial activities with businesses displaying symptoms of coronavirus. A now being permitted to re-open. failure to do so can result in imprisonment During the relaxed curfew hours, However, this is broadly subject to not and/or fines (up to AED 10,000). residents are now permitted to venture more than 30% of the normal staff Employees are also separately under a outside for emergency purposes only and headcount being on-site in the office or statutory personal duty not to transmit the subject to having procured and obtained premises at any given time and provided disease (even if they are asymptomatic), a pre-approved permit from the social distancing and strict general health not to travel outside their homes if they applicable authorities. There are general and safety precautionary measures suspect they have coronavirus, to seek broad-brush restrictions on residents’ including the wearing of facial masks; medical treatment and not to break any activities outside of curfew hours provision of checkpoints at the entrance mandated quarantine period. Penalties including general abiding of precautionary and exit of the workplace for temperature for breach can vary but include fines (up health and safety measures, social checks (to be conducted twice daily as a to AED 100,000) or imprisonment (up to distancing, the wearing of facial marks at minimum, upon leaving/entering the all times (gloves are optional) and the five years).
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For Dubai International Finance Centre to get medically screened, confirm (DIFC) and Abu Dhabi Global Market medical clearance (or otherwise) and to (ADGM) employees in particular, you remain away from the place of work Sickness and quarantine pay should avoid any targeted screening (assuming they are not otherwise working questions which may relate to disability, from home). Internal staff-wide Normal sick leave entitlements in the nationality or ethnicity and advise communications might be required such UAE are broadly 90 calendar days of employees that the objective of screening as office closures whilst interim measures which the first 15 days are at full pay, the is strictly related to workplace health and are applied and adopted (e.g. office next 30 days at half pay and the safety (particularly as these two free sterilisation). Additionally, remaining period without pay. For DIFC zones have in place stringent anti- communications with and to the and ADGM employees, sick leave discrimination regimes). applicable health authority will also reveal provisions are slightly different: 60 other prescribed steps specific to the working days of leave (comprising full pay circumstances for the employer to for the first ten days, half pay for the next undertake. 20 days and remaining 30 days without pay). The DIFC issued interim legislation As earlier indicated, temperature checks through its Presidential Directive No.4 of Exceptionally in the DIFC, the are mandated by the UAE Government at 2020 (the ‘Presidential Directive’) and Presidential Directive makes clear that the entrance and exit of the workplace against the backdrop of the current any sick leave taken by an employee as a (this also applies to the UAE’s various coronavirus crisis which expressly consequence of having contracted shopping complexes) as part of permits employers to collect, process and coronavirus (as confirmed by a sick leave countrywide precautionary health and share employees’ personal data certificate issued by a competent safety measures. An employee or (including information regarding their authority) and/or being placed in customer who refuses to abide by these health, travel, coronavirus-related quarantine by any competent authority to compulsory checks can legitimately be symptoms) for any reasonable purpose limit the spread of coronavirus shall not refused entry to the office or workplace related to the health and safety of their be counted towards any sick leave premises. employees, or required by a competent entitlement under the DIFC Employment authority, provided that they do not Law. These employees are entitled to Employers have a legal duty to notify the process more information than 100% of their daily wage for the duration applicable health authority in the event of reasonably necessary. Other provisions of this coronavirus-related sick leave a suspicion and/or diagnosis of of the DIFC’s standalone data protection (certain other conditions apply). coronavirus. In such cases, as a regime continue to remain in place precautionary health and safety measure, including any rights afforded generally to Temporary pay support and without revealing the name of the data subjects. infected employee, employers should No measures to subsidise salaries of apply their emergency response employees have been introduced. procedures including promptly ascertaining who the infected employee may have come into contact with and notifying these staff of potential exposure
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labour market (an online jobseeker’s scenarios. Neither the DIFC nor ADGM portal). employment laws currently provide for the concept of arbitrary or unfair dismissal Reduction of activity In the DIFC, the Presidential Directive but they do have specific anti- similarly permits various employer cost- discrimination provisions in place. A Ministerial Decree (279/2020, the ‘MD’) cutting measures, albeit, uniquely, was exceptionally introduced as interim without the requirement for employee legislation by the Ministry of Human consent. These measures include reduced working hours, forced leave, Resources and Emiratisation (the UAE national citizens have been banned unpaid leave, temporary salary ‘MOHRE’) against the backdrop of the from travelling overseas and those reductions and remote working. The current coronavirus crisis. It is applies to currently overseas have been advised to Presidential Directive will remain in effect employers operating under the direct return to the UAE (special repatriation until 31 July 2020 (subject to renewal). remit and control of the MOHRE and the flights are being implemented to facilitate DDA free zone (some other free-zones this). have also adopted broadly similar, but not There is no concept of temporary layoff in the UAE. From a pure employment identical, guidelines and/or measures Travel restrictions are currently in place context, force majeure cannot be availed akin to the MD). (effective since 24 March 2020) with or relied upon by employers. inbound and outbound flights suspended The MD codifies various employer cost- until further notice (save that the UAE’s This is a rapidly evolving area with new cutting measures and prescribed civil aviation authority is now permitting measures being applied at very short procedural frameworks including forced limited outbound repatriation flights to notice. leave (without employee consent), salary select countries and subject to home reduction (with employee consent) and country governments permitting inbound unpaid leave arrangements (again with Restructuring flights). employee consent). Where employees have become surplus to business Redundancy is not expressly catered for UAE residency visa holders currently requirements owing to the coronavirus in the UAE Labour Law or the laws of the outside the UAE, whether due to earlier crisis and are terminated for redundancy, DIFC or ADGM. Ordinary termination business or personal travel, are currently there is a continuing obligation on rules will continue to apply. prevented from re-entering the country. termination to maintain monthly This was initially for a period of two- contractual allowances (or the provision Under the UAE Labour Law, there is weeks commencing at noon on 19 March of accommodation in cases where this is potential exposure to an arbitrary 2020 but was extended indefinitely. provided to employees) and medical dismissal award in cases of redundancy However, these individuals are directed insurance coverage until the employee is terminations involving unlimited-term to the Ministry of Interior’s ‘Tawjudi’ able to exit the UAE, secure alternative contracts; or automatic early termination information portal in order to facilitate employment or the MD is suspended or compensation payments for premature communication channels with the revoked, whichever is earlier. There is termination of a fixed-term contract for applicable UAE authorities for a return to also an obligation on employers to offer redundancy. As indicated earlier, the MD the UAE when permitted. employees the opportunity to have their imposes continuing contractual details registered on the MOHRE’s virtual obligations in specific termination
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This is a developing area and additional bans and/or warnings might be implemented at short notice. As indicated in 1 above, a countrywide curfew is in place daily during which time movement permits will only be authorised Employers should act in a non- for emergency cases by the applicable discriminatory manner when authorities. Certain critical business implementing any actions or policies and sectors are exempt from the curfew maintain a discrimination-free workplace. restriction and the requirement to procure In the DIFC and ADGM in particular, a movement permit. During curfew hours, employers should be careful not to effect the UAE police have powers to fine any differential treatment, directly or individuals disregarding curfew rules and indirectly, on the basis of a protected the UAE authorities have implemented ground, such as disability, nationality or various temporary surveillance powers to ethnicity. Employers may be held monitor countrywide compliance with vicariously liable if employees harass curfew restrictions. colleagues on protected grounds (e.g. Chinese employees or those from high- The UAE justice system is currently risk or affected regions), even if the operating under a remote virtual working employer does not know and would not model for specific cases until further approve of such treatment. notice and various governmental bodies are closed but similarly operating limited online facilities for the benefit of residents.
There are now strict reporting Back to top requirements to the applicable health authorities in the event that the employee has, or the employer suspects an employee has, coronavirus. An employee also has a legal duty to self-report to the applicable health authorities. Failure to adhere to these reporting requirements Samir Kantaria will result in stringent penalties being UAE imposed, including fines. Al Tamimi & Co [email protected]
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and reserve the right to require workplace coronavirus. This included eight separate attendance on short notice. guides covering a range of different types United Current government guidance on of work: construction and other outdoor quarantine advises: If you decide to close the workplace work; factories, plants and warehouses; Kingdom temporarily, you will usually need to keep homes, labs and research facilities; • Employees with symptoms of paying your employees in full. In many offices and contact centres; restaurants cases employees may be able to work offering takeaway or delivery; shops and Last updated: coronavirus (however mild) should self-isolate for seven days. remotely. If they cannot, they would still branches; and vehicles. Generally, you 11/5/2020 be entitled to full pay, as they are able have a duty to take steps that are • Employees living in the same and willing to work but you are not reasonably necessary to ensure the household as others who have providing them with work. The exception health, safety and welfare of all your symptoms of coronavirus should to this is layoff (providing no pay for a employees. Take simple precautions self-isolate for 14 days. period whilst retaining them as such as following and enforcing employees). This cannot be done without government social distancing and All schools closed on Friday 20 March a clear contractual right or employee working from home requirements where (except for children of certain key consent (see 5 below). Employers in possible, strictly limiting work trips to workers). Employees have a statutory certain sectors have also been ordered to those that are absolutely essential, right to a ‘reasonable’ amount of unpaid close, including pubs, restaurants, educating staff on hand and respiratory time off to deal with unexpected events cinemas, theatres and most retail outlets. hygiene, conducting risk assessments involving their dependants, including Legislation makes it illegal for many of and following government guidance in where a school unexpectedly closes. these sectors to continue to operate. If relation to self-isolation. You should Some employers offer paid leave in these the closure is compulsory, meaning it consider how best to assess risks circumstances. Parents might also have a would be illegal for employees to adequately in relation to home working statutory right to (unpaid) parental leave, continue to work, there is an argument and provide guidance and information to subject to conditions). that the affected employees are not homeworkers on health and safety risks. entitled to be paid. On 23 March, the government announced If work cannot be done from home, the that everyone is required to stay at home employer is not required by law to shut, for at least three weeks. This period was and if the employer has taken all necessary precautions to safeguard the extended for a further three weeks and is The government published its ‘roadmap’ health, safety and welfare of employees it subject to further review. There is a for gradually easing the lockdown and can require them to attend work. If limited exception for work which getting the economy moving on 11 May. employees unreasonably refuse, the ‘absolutely’ cannot be done at home. You The guidance remains that office staff employer could start disciplinary action should only allow employees to attend should continue to work from home if at against them. If the individual refusing to work where it is impossible to work from all possible. Also on 11 May, following come into work is pregnant or otherwise home. If you genuinely require consultation with large businesses, at high risk, you should tread carefully employees to be present in the employer groups and trade unions, the and may have to be more flexible. workplace, consider staffing requirements government issued more detailed Refusing to allow employees to stay guidance on working safely during
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at home, or disciplining them for not has tested positive for coronavirus and attending work, could potentially lead to give them advice (e.g. ‘Self isolate’). It is legal claims. Employers can limit the risk likely to be lawful for an employer to Unwell employees are entitled to your of such claims if they do not act require an employee to tell them if he or usual contractual sick leave and pay unreasonably, follow government she has received an app alert to protect provisions, which normally includes any guidance, and employees are not placed other employees’ health (if this entitlement to SSP. Employees without at undue risk. information is dealt with confidentially). It any contractual entitlement may receive is more problematic to require employees SSP if they meet the conditions (the to install the app. The employer should three-day waiting period has been be able require employees to download removed temporarily for coronavirus- the app if they provide employee devices, related absences backdated to 13 but this is more difficult for personal Protecting privacy March).The government will also devices, although the employer may have reimburse employers with fewer than 250 a ‘bring your own device’ policy requiring Employers can ask employees to inform employees any coronavirus-related SSP employees to download apps needed by them if they have been diagnosed or they pay to employees for the first two the employer. have the symptoms of coronavirus. weeks of sickness, backdated to 14 Employers owe employees a duty of March. The government has extended Even if the app is downloaded, it is not confidentiality which would normally apply SSP to employees who are not sick but clear whether it is necessary and to health matters, but they also have a are self-isolating because they live with proportionate for employers to require duty to protect the health of all employees someone who has symptoms, or who are employees to use it. This is likely to so far as they reasonably can. especially vulnerable and ‘shielding’ in depend on the sector. It may be Information about health is also subject to accordance with government/medical proportionate to require employees who strict data protection processing advice and cannot work from home. You work with vulnerable people in a care conditions. To balance these obligations, should consider whether to apply the new home to use it, but not proportionate for employers should warn individuals who SSP rules to company sick pay as well. If office workers. The UK Information have been in contact with any suspected the employee is able to work remotely, Commissioner is currently advising that or confirmed case of coronavirus, but you should pay their usual pay. In other use of contract tracing apps should be should not reveal any information any circumstances, if an employee is not sick voluntary with no negative consequences more widely than necessary. It may be but you ask them to remain away from for individuals if they do not take action. If possible to alert colleagues without work you should pay them their normal a contact tracing app alerts an employee revealing the name of the colleague. The salary unless you have a contractual right and advises them to self-isolate, they are UK Information Commissioner’s advice to reduce pay or you agree reduced pay currently not entitled to statutory sick pay on data protection and coronavirus is with employees. The government has (SSP). The employer may need to pay available here. introduced the Coronavirus Job Retention normal salary if they require an employee Scheme to support employers paying who has received an alert to remain away Tracing apps wages during the coronavirus crisis. The from work. This may change if the scheme applies to all UK employers and government extends SSP and/or makes it involves ‘furloughing’ designated workers Contact tracing apps alert users if they compulsory for people who have received have been in contact with someone who an alert to stay at home.
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who are kept on the payroll. The • You can ask employees to take government will reimburse 80% of holiday if the appropriate notice is furloughed workers’ wage costs, up to given. If this is not covered in the The UK government has issued a series GBP 2,500 per worker per month. The employment contract, the default of guidance documents, covering the employer can choose to top-up the 80% arrangements in the Working Time immigration implications of the payment. The scheme was backdated to Regulations 1998 apply: the coronavirus outbreak. There is also a free 1 March 2020 and will run until at least requisite notice is double the amount telephone and email Coronavirus the end of June. Workers cannot do any of leave the employee is being told Immigration Helpline. work for an employer that has furloughed to take. them. Advice for UK visa applicants and Restructuring temporary residents includes information on requesting an extension to 31 May Redundancy is a potentially fair reason to 2020 for people in the UK with visas dismiss, and you would also need to expiring between 24 January and 31 May Reduction of activity follow a fair procedure. You should also 2020 who cannot leave the UK because follow rules for collective consultation if of travel restrictions or self-isolation. It • The new Coronavirus Job Retention you are proposing to make 20 or more also enables people with visas expiring Scheme provides UK employers employees redundant at one within the same dates to apply in-country whose operations have been establishment within a 90-day period. for a long-term visa where they normally severely affected by coronavirus with Proposals to change terms and would have to apply from abroad and support for paying wages (see 4). conditions might also require collective provides other information and consultation if the alternative to agreeing concessions for individuals. changes is dismissing employees. • You may be able to lay off employees (provide them with no The advice for sponsors of migrant On average, redundancies of fewer than work) or provide employees with less workers and students is aimed at 20 employees (same employer/location) work (and correspondingly less pay). employers and education providers and can be done in two to three weeks, covers concessions on application, salary Employee consent is needed, unless between 30 to 100 will take five to six there is a clear contractual right to and reporting requirements where weeks and over 100 will take seven to disruption to application services and do so in the contract of employment. eight weeks. The UK’s level of Specific statutory provisions provide business operations has occurred due to administrative requirements is less than certain rights to a guaranteed coronavirus. most of the European jurisdictions but payment and a statutory redundancy more than the really unregulated payment in certain circumstances. Guidance has also been published to environments of the US and Singapore. enable employers to carry out adjusted right to work checks remotely on a • You could consider reducing hours No UK coronavirus-related programmes temporary basis until further notice. for employees who do not have a impose restrictions on restructuring. Current government travel advice is contractual right to a particular level available here and here. of work (e.g. those on zero hours contracts).
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accidental exposure in a laboratory). coronavirus can cause more severe This must be reported as a dangerous symptoms for older people, pregnant Any request not to attend work should be occurrence. women and those with long-term pre- existing medical conditions. The related to potential exposure to the virus • A worker has been diagnosed with and should apply to all staff regardless of government’s latest advice on social COVID-19 and there is reasonable nationality or ethnicity, otherwise this distancing advises vulnerable people to could give rise to direct race evidence that it was caused by be particularly stringent and follow social discrimination claims. Refusing to exposure at work. This must be distancing measures. Employers have approve personal travel to badly affected reported as a case of disease. additional duties towards pregnant areas may indirectly discriminate against • A worker dies as a result of employees. certain employees because such a ban occupational exposure to coronavirus. would disproportionately affect them. It is As a result of the coronavirus crisis, a defence that the action is a gender pay gap reporting requirements proportionate means of achieving a are suspended for reports this year, the legitimate aim. You could be vicariously proposed IR35 reforms have been liable if employees racially harass postponed to April 2021 and colleagues. Employers will only avoid VAT and income tax payments have amendments made to the Working Time Michael Burd liability if they can show that they took ‘all been deferred. There is a HMRC Regulations 1998 to enable carry-over of United Kingdom reasonable steps’ to prevent employees Coronavirus helpline if you cannot pay holiday into the next two leave years for Lewis Silkin LLP behaving in such a manner. tax and there is a Time to Pay Scheme to workers who have been unable to take it. [email protected] delay payments. Useful links:
There is a 12-month business rates Government guidance for employers and COVID-19 is a reportable disease under holiday for all retail, hospitality, leisure businesses on coronavirus RIDDOR (Reporting of Injuries, Disease and nursery businesses. There is grant and Dangerous Occurrences Regulations funding available to businesses and a Acas Coronavirus: advice for employers 2013). RIDDOR imposes a duty on Coronavirus Business Interruption Loan and employees employers and people in control of work Scheme. premises to report serious workplace Coronavirus guidance on social accidents, occupational diseases and Police have been given new powers to distancing for everyone in the UK (Gov specified dangerous occurrences (near arrest people who break the coronavirus UK) misses) to the Health and Safety lockdown. Executive. An employer must only make Claim for wage costs through the a report in respect of COVID-19 under RIDDOR when: Coronavirus Job Retention Scheme (Gov Madeleine Jephcott UK) Employers have a duty to protect the United Kingdom • An unintended incident at work has health and safety of staff, including taking Lewis Silkin LLP Back to top led to someone’s possible or actual additional care with vulnerable madeleine.jephcott@lewissilkin employees. Current guidance is that .com exposure to coronavirus (e.g.
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Encourage employees to work remotely An employee cannot generally refuse to if feasible. return to work. For an employee who was United The US federal government has not receiving unemployment benefits as a imposed a nationwide lockdown; Ensure employees are aware of the result of coronavirus, a refusal could States however, many state and local importance of not reporting to work if they result in termination of unemployment governments have issued such orders. are ill and/or experiencing fever, cough, benefits. However, an employer may not shortness of breath, sore throat, runny or discriminate against an employee who Last updated: Restrictions vary. Information on state and major municipality orders is available stuffy nose, headache, and fatigue. exercises his or her right under the 11/5/2020 here here. Occupational Health and Safety Act Notify employees they will be sent home (‘OSHA’). Under OSHA, an employee immediately if they report to work ill or may refuse to come to work if he/she
become sick during the workday and will asked the employer to eliminate a hazard be separated from other employees in in the workplace but the employer failed Around 35 states have started to relax accordance with Center for Disease or refused to do so.; he/she has a good- coronavirus restrictions, allowing certain Control health guidelines. faith belief that an imminent danger business to re-open. A map detailing exists; a reasonable person would agree each state’s restriction easing is available If an employee is confirmed to have there is real danger of death or serious here here. coronavirus, employers should inform injury; and there is no time to get the fellow employees of their possible hazard corrected through appropriate The category of businesses permitted to exposure to it in the workplace but channels. reopen and their obligations depend on maintain confidentiality as required by the each state’s orders and local laws. Americans with Disabilities Act (ADA). Employees may refuse to return to work Generally, employers are encouraged to because they believe they are at a higher take the following steps: Communicate to employees that the risk due to a pre-existing medical organisation is monitoring the virus condition. If the pre-existing medical Provide education on the proper method outbreak and will take proactive steps as condition is a ‘covered disability’ under for washing hands. necessary to protect their health. the ADA, the employer should engage in Decisions will be based on the best the interactive process with the employee Post reminders in key areas on the available information. and provide reasonable accommodation, proper way to prevent the spread of if any, that does not constitute undue germs, such as using hand sanitiser You may choose, if not legally required to hardship to the employer. According to containing at least 60-95% alcohol and do so (by state or local orders), to require the US Equal Employment Opportunity covering your mouth with tissue (or an employees to wear masks. Generally, if Commission (EEOC), employers can test elbow or shoulder if no tissue is available) you require masks be worn, you should on-site employees for coronavirus as a when coughing or sneezing. provide them. If the masks can be condition of entering the workplace and cleaned by hand or in regular laundry, may conduct temperature checks on Ensure tissues, hand sanitiser and then employers would not be required to employees returning to work. Employers disposable wipes are readily available for compensate employees for cleaning should ensure tests are accurate and employee use. Consider providing no- (state or local laws may require this). reliable. touch waste receptacles.
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Employers may not provide names of Tracing apps The law is effective from 1 April 2020 to infected employees, but general notice is 31 December 2020. Additionally, appropriate so employees can monitor An app capable of contact-tracing is not coronavirus is likely to meet the definition themselves for symptoms and seek yet available in the US. Therefore, there of ‘serious health condition’ under the medical treatment if needed. Employers is little guidance on employers’ use of FMLA, meaning employees covered by it may share information with public health contact-tracing apps or whether with the virus are entitled to (unpaid) authorities and other government organisations will be legally permitted to FMLA leave subject to that law. However, organisations to enable them to carry out mandate employees to download contact- state and local laws may require paid sick their responsibilities. tracing apps. This would implicate a leave: ensure your sick leave policies variety of laws, including the ADA, comply with any that may apply. HIPAA, other federal and state civil rights laws, privacy and consumer protections, Temporary pay support and (with respect to public employers) Protecting privacy federal and state constitutional issues. The Emergency Paid Sick Leave Act (the paid leave provision of the FFCRA) You should examine existing privacy requires private employers who employ policies regarding the collection of fewer than 500 employees (and medical information, and determine what Sickness and quarantine pay government employers) to provide up to is permitted. Only request information 80 hours of paid sick time to an employee from employees that is essential to public The recently enacted federal Families unable to work (or telework) because he health and safety. Develop policies and First Coronavirus Response Act or she: procedures for disclosing coronavirus (FFCRA), which applies solely to information and for responding to employers with fewer than 500 1. Is subject to a federal, state or local government requests for information. employees, provides for up to 80 hours quarantine or isolation order related to Ensure that appropriate security paid sick leave and expands the existing coronavirus. measures are taken to avoid accidental Family and Medical Leave Act (‘FMLA’) to or malicious access to employee’s provide an extended period of unpaid or 2. Has been advised by a health care medical information by third parties, or partially paid leave for a public health provider to self-quarantine due to other employees. When gathering emergency (‘E-FMLA’). Under E-FMLA, concerns related to coronavirus. personal data, be mindful state privacy the sole basis for partially paid leave laws may affect coronavirus-related (two- thirds of the employee’s regular rate 3. Is experiencing coronavirus symptoms privacy considerations. For example, of pay for up to ten weeks) is whether the and is seeking a medical diagnosis. Californian law imposes an obligation on employee is not able to work or telework employers to inform employees of the because he/she must provide childcare 4. Is caring for an individual who is categories of personal information to be for a child below 18 years of age due to subject to a quarantine or isolation collected. that child’s school being closed because order or has been advised by a health of the coronavirus or childcare is care provider to self-quarantine. unavailable because of the coronavirus. 5. Is caring for a son or daughter because the child’s school or place of
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care has been closed or the child’s operations. Additional issues to consider childcare is unavailable due to when reducing work hours or reducing coronavirus precautions. wages include whether the employee is Reduction of activity ‘exempt’ or ‘nonexempt’ under the Fair 6. Is experiencing any other substantially Labor Standards Act (FLSA). Nonexempt similar condition specified by the An employer’s response to a state or employees must be paid minimum wage Secretary of the HHS in consultation local ‘shelter in place’ order depends, in and overtime, and reductions to an with the Secretary of the Treasury and part, on the requirements of the specific exempt employee’s salary ordinarily will the Secretary of Labor. order and the impact it has on the cause a loss of the exemption, with employer’s financial viability. Telework or limited exceptions (e.g., reducing the Paid sick leave for part-timers is equal to paid holidays may be an option, while exempt employee’s salary to a lower, the average number of hours the others may be required to lay off fixed salary for a limited period , say a employee works over a two-week period. employees, either temporarily or few months, during the pandemic may If paid sick leave is taken, employees permanently, depending on the allow the employer to continue to treat must be compensated at the higher of the employer’s financial viability. In these the employee as exempt, depending on employee’s regular rate of pay, federal situations, employers may be required to his or her salary). minimum wage, or local minimum wage. provide notice to affected employees If time off is taken to care for a sick family before implementing the layoff. Restructuring member or a child who is not in school, Employers with unionised workforces employees must be compensated at two- must consider the requirements of an The federal Worker Adjustment and thirds of the greater of the amount applicable collective bargaining Retraining Notification Act (WARN Act) mentioned above. There is a cap of USD agreement (CBA) in determining what requires employers with more than 100 511 per day and an aggregate limit of steps they may take. Whether force full-time employees to provide 60 days’ USD 5,110 for those receiving full wages majeure applies to a specific contractual advance notice to workers affected, (categories 1, 2, and 3 above). For obligation depends on many factors, unions, and government officials prior to categories 4, 5, and 6 (two-thirds rate), including whether the provision identifies a plant closing that results in there is a USD 200 cap per day, with a pandemic or public health crisis as a ‘employment loss’ for 50 or more full-time USD 2,000 aggregate. Under the E- force majeure situation or whether it can employees during any 30-day period at a FMLA, an employee may take paid sick be interpreted to apply. Employers may single employment site, or a mass layoff leave for the first ten days of that leave consider implementing a temporary layoff at a single employment site that results in period (if you qualify under the Paid Sick (furlough), a reduction in salary for its ‘employment loss’ of 500 or more Leave Act), or choose to substitute any exempt workforce (see below) and/or a employees during a 30-day period or 50- accrued PTO. For the following ten reduction in hours for its nonexempt 499 employees that constitute at least weeks, the employee will be paid for workforce. A furlough may be best if the 33% of full-time workforce. The federal leave at no less than two-thirds of his or employer currently lacks the resources to WARN Act contains an ‘unforeseen her regular rate of pay for the hours pay employees but intends to recall them business circumstance’ exception normally scheduled to work. The (or at least some of them) after the excusing full 60-day notice for employee will not receive more than USD current slowdown. Reducing work hours employment losses triggered by a 200 per day or USD 12,000 for the twelve may be appropriate for employers who ‘sudden, dramatic, unexpected action or weeks. need to reduce costs while continuing condition outside the employer’s control.’
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A global pandemic is not expressly included as an ‘unforeseen business circumstance’; however, any reasonable Organisations should report illnesses as interpretation of the exemption suggests required by applicable law. For the FFCRA provides a limited refundable it will apply, a conclusion supported by a duration of the coronavirus crisis, all employment tax credit equal to the recent executive order from the California employers must report any confirmed amount that an employer pays to an governor. Nevertheless, employers must coronavirus diagnosis that is both work- employee under its paid leave provisions, give written notice with as much warning related, and involves OSHA general i.e., up to USD 511 for a day of absence as possible plus an explanation for the recording data to OSHA. OSHA for the reasons numbered 1, 2 or 3 in 5 shortened notice. In addition to the recognises that certain employers may above, or USD 200 for absences for the federal WARN Act, employers must also have difficulty assessing whether workers reasons numbered 4, 5, or 6 in 5 above, comply with any applicable state ‘mini’ who contracted coronavirus did so due to to a maximum of ten days per employee WARN Acts. exposure at work, given the possibility of for the year under the Sick Pay Leave Act community transmission. Employers of and no more than USD 200 per day or workers in the healthcare industry, USD 12,000 for twelve weeks, if the
emergency response, and correctional employee takes E-FMLA leave. Those Jeffrey D. Mokotoff Organisations have the right to curtail institutions must continue to make work- amounts are increased by the amount of United States business travel. They also can advise relatedness determinations pursuant to non-taxable health insurance premiums FordHarrison employees against personal travel to OSHA. OSHA will only require other paid by the employer for employees on [email protected] high-risk areas and the possibility of employers to report coronavirus illnesses Emergency Paid Sick Leave, for the days quarantine if they do so. Upon an where: of leave, and further increased by the employee’s return from travelling, the amount of Medicare tax owed by the employer should monitor the employee • There is objective evidence that a employer with respect to Emergency Paid for signs of illness. case may be work-related. This Sick Time payments (generally 1.45%). could include a number of cases The total credit amount is also included in developing among workers who the employer’s income for income tax work closely together without an purposes. State and local orders may alternative explanation; and include additional assistance for Organisations must ensure their employers. decisions are based on facts and are • The evidence was reasonably uniformly applied. Employees are available to the employer. Examples protected by anti-discrimination laws, include information given to the including protection against discrimination employer by employees, or Organisations should provide ongoing based on national original and race. information an employer learns guidance and information to employees regarding employees’ health and Rick Warren based on developing facts and take safety in the ordinary course of appropriate steps base on those facts. US managing its business. FordHarrison They should avoid overreactions that [email protected] unnecessarily raise anxiety levels. Back to top
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excluded from this nationwide measures that include allowing children suspension, including health services, and the elderly to spend time outside free Venezuela On 13 March 2020, the National police, telecommunications and media, from lockdown for a number of hours, Executive issued Decree No. 4,160 (the fuel sales and gas stations, medical once a week. Last updated: ‘Decree’) declaring a state of emergency supplies, pharmaceutical services, food 13/5/2020 in view of the health and security risks supply and water distribution. Restaurant In the meantime, the experience of deriving from the coronavirus pandemic. delivery and take-out services are businesses that have not closed because The state of emergency was originally permitted. they are deemed essential, proves useful meant to last for a period of 30 days, but for anticipating return-to-work guidelines. the National Executive has extended it for Petrol: There are severe petrol rationing For instance, some companies have set the second time, for an additional 30 measures in place, across the territory. up specialised Covid-19 committees for days, until 12 June 2020. surveillance and detection purposes. Banks: Bank branches, administrative They are also required to adopt the Quarantine: On 16 March 2020, the offices and other banking activities recommendations given by the World National Executive announced a involving on-site customer service are Health Organization (WHO): nationwide quarantine and imposed suspended. Banks must ensure the restrictions in moving among states and assistance of the minimum personnel • Washing hands frequently. municipalities, which continue to be in required for the operation of ATMs, force. Curfews have been imposed in internet banking, electronic means of • Social distancing (at least one some states and municipalities. The payment, wire-transfers, points of sale, metre). national quarantine also involves the and online banking services. suspension of public shows, exhibitions, • Avoid touching eyes, nose and concerts, conferences, sports and any mouth. other public events. The Decree provides the mandatory use of face masks in all The state of emergency and quarantine • Use of face masks and gloves; and public places and establishes quarantine remain effective until at least 12 June and isolation of confirmed and suspected 2020. Further, the Decree provides that it • If early symptoms are detected such coronavirus cases. can be extended for additional periods of as fever, cough and difficulty 30 days, until the pandemic is deemed to breathing, seek medical care. Schools: The Decree suspended all be adequately contained. It is anticipated school and academic activities from 16 that resuming activities after the Additionally, employers could institute March 2020. The local authorities and pandemic containment is officially coronavirus testing as a condition for public and private educational institutions declared, will take place gradually and employees to return to work, as long as are to coordinate academic following a risk-based approach. Also, there is reason to suspect the employee reprogramming and distance education restarting operations could largely be has contracted coronavirus. Reasons for platforms. affected by the severe petrol shortage. considering an individual has or could have contracted coronavirus are: Workplace: Labour activities continue to The National Executive has also recently be suspended since 16 March 2020. announced quarantine relaxation Certain sectors deemed essential are
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Tracing apps due to a violation of required health and safety regulations by the employer, he or • He or she shows the symptoms You cannot compel your staff to install she would be entitled to additional widely acknowledged by the WHO. tracing apps and to grant access for the compensation ranging from one to eight years of salary, depending on the • He or she has been in contact with employer to know when an employee receives a notification. Employees must seriousness of the illness and its an individual who is suspected to give their consent to this type of measure consequences. have contracted Covid-19 or tested and refusal to do so cannot be used positive for it (including having against the employee. In both cases, if the employer has failed traveled with such individual). to register the employee with the Social Security, then the employer must pay the • He or she has been identified as employee’s full salary. such and notified of their condition Sickness and quarantine pay by the sanitary authorities. Temporary pay support If an employee is infected with On 22 March 2020, the President coronavirus during the suspension of activities and to the extent that such announced that the Executive would pay employee’s job is not deemed as the wages of all employees working for small and medium companies, for six Protecting privacy essential, then it would be treated as a general illness and the employee would months (from March to August). Payment be entitled to paid leave. Once the illness would be made through the ‘Patria’ We recommend that all guidelines platform (an online system originally used involving health screenings and other has been certified by the Social Security, the Social Security pays two thirds of the for individuals to register and receive safety-related measures be previously benefits from social assistance discussed and approved by the employee’s salary and the employer pays one third for the duration of the leave. programmes). During the course of April, employer’s Health and Safety Committee. several spokesmen from the Executive Employees must be informed of these On the other hand, if the employee was branch announced instead that the guidelines and in principle, consent to Executive would make partial payments their implementation. infected at the workplace or as a result of work performance, then it could qualify as of wages in the form of a supplementary bonus. Although no guidelines or However, because quarantine is an occupational illness/accident and the employee would be entitled to paid leave. regulations have been published to this compulsory in Venezuela in cases of effect, the Executive has been paying suspicion of infection (based on the Once the illness has been certified by the Health and Safety Institute, the Social monthly bonuses for the amount of the grounds mentioned above), you could current minimum wage (approximately resort to sanitary authorities to impose Security pays two thirds of the employee’s salary and the employer pays USD 2.00 at the current official exchange quarantine/self-isolation, in case an rate) to individuals registered in the Patria employee under suspicion refuses to one third for the duration of the leave. The employer could also be liable for platform. However, several users of the undergo testing or health screening platform have reported that they have not procedures. moral damages and loss, and if it is found that the employee contracted coronavirus received such payments.
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severance, vacations and vacation In addition, neighbouring Brazil and bonus). Some employers have chosen to Colombia have announced the closure of pay compensation matching the borders with Venezuela (the Venezuelan Reduction of activity employees’ full salary or a portion of it, Executive has not done so officially). during the suspension. However, cooperation channels for exit Essential sectors: Employers in sectors and entry between land borders of deemed essential are working with the Restructuring Colombia and Venezuela are currently in minimum personnel required to sustain place, with restrictions and in compliance operations and are adopting measures The Executive has confirmed the labour with WHO health and safety regulations. such as shift rotations to reduce freeze (which was already in effect before personnel risk exposure. WHO the coronavirus pandemic) until 31 recommendations must be strictly December 2020. This means that employees, except top-level employees observed by these employers. Employers There are no specific provisions and temporary employees, cannot be must further ensure that their employees concerning coronavirus and dismissed without cause and without prior have appropriate identification to prove discrimination, so employers should authorisation from the Labour Ministry. that they qualify as essential personnel. follow general anti-discrimination The Labour Ministry is currently working provisions. Telework: The call to suspend activities under a reduced schedule and is from the National Executive does not exclusively hearing employee claims for prevent employees who can perform violation of rights. Dismissal authorisation work remotely from doing so. In these procedures can be cumbersome so cases, employers have adjusted the employers are resorting to offering There is no specific procedure for terms of the employment relationship to employees incentivised termination reporting cases of coronavirus. However, include new ways of supervising and payments in exchange for their in case of suspicion or confirmed cases, reporting work. resignation in order to implement you are required to ask your employee to effective downsizing measures. voluntarily undertake quarantine/self- Other types of work: In the context of the isolation and you must report to the Decree, to the extent that work cannot be sanitary authorities if he or she refuses to performed remotely, employment observe it. The National Executive has published a list of health centres that are relationships are suspended. This means Following the declaration of a national equipped to diagnose coronavirus. that during the suspension, employees state of emergency, all national and Additionally, a survey has been made are not required to work, and employers international flights (commercial or available to individuals registered with the are not required to pay salary, but must private) have been suspended as of 17 Patria platform to determine if the continue to pay social security March 2020, except for overflight, air individuals that take the survey can contributions and food benefits. Benefits cargo and air mail operations. preliminary be identified as showing agreed through collective bargaining are Additionally, certain specific flights for the coronavirus symptoms. not affected by the suspension either. purpose of repatriating Venezuelan Employee seniority continues to accrue nationals from abroad are permitted. during the suspension (this affects seniority-based benefits such as
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Taxes: There is an exemption on Value Added Tax (VAT) and custom duties on the import and sale of face masks and other coronavirus-related goods made by public entities. This exemption will be in effect for a year. Some municipalities have extended the due date for filing the municipal tax on economic activities.
Police powers: The Defence Minister has announced that the National Armed Forces are executing various immigration controls in states and cities across the Victorino Marquez country, as preventive actions to control Venezuela the spread of the coronavirus. D'empaire Reyna Abogados [email protected] Justice system: Administrative proceedings and judicial activity are suspended, with the exception of claims involving constitutional rights and certain criminal proceedings.
Price controls: The Ministry of National Trade announced pricing controls for 27 basic goods.
Other measures: The President has announced other measures that include the implementation of a debt relief program, the suspension of rent
payments for homes and businesses Biba Arciniegas during six months and a prohibition on Venezuela cancelling telecommunication services. D'empaire Reyna Abogados [email protected] Back to top
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