COVID-19 UPDATE - International Law Matrix April 2020

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SICK PAY

What are the usual There is no obligation An employee on The employer must The Social Security During an The rules depend on The New Collective An employee who has An employee who has obligations on to provide paid sick sickness leave receives continue paying the System does not employer must pay (at whether the employee Bargaining Agreement been in continuous been employed for employers to provide leave, but there is a payment from the employee's provide any coverage least) 70% of the is a white-collar or a (NCBA) establishes the employment with the more than three paid sick leave? however a statutory Social Security remuneration for up for the first three days employee’s last blue-collar employee. length of paid sick employer for at least months is statutorily sick pay (SSP) benefit Administration, which to six weeks. of illness (cost usually earned for a leave and whether one month entitled to paid sick that may be available is often, under certain Afterwards, the health borne by employer). period of 104 weeks, In general, blue-collar unpaid sick leave is immediately preceding leave and paid to the employee. conditions, insurance covers Social Security system with a maximum of employees (with more available. A portion of a sickness day will be hospitalisation leave. supplemented by the salary payments. As covers a determined 70% of the maximum than one month of the salary is paid by entitled to paid sick The statutory Employees who are employer to ensure the six-week period is percentage starting daily (currently seniority) are entitled the employer and a leave for absences of entitlement increases unable to work due to that the individual per sickness, it may be from the fourth day of €4,769.34 gross per to the following portion by the not less than four from five days paid illness or injury for maintains all or part of triggered repeatedly in sick leave. month) and provided amounts: National Health consecutive days and sick leave and 15 days four or more their normal salary. one year if the that for the first 52 Authority. The portion supported by a paid hospitalisation ● day 1 – day 7: consecutive days are employee suffers from The applicable weeks the employer is paid by the employer medical certificate leave for an employee 100% of the entitled to receive SSP, Collective bargaining different illnesses. collective bargaining obliged to pay at least depends on the issued by a registered who has completed salary paid by provided they meet agreements can agreement may the statutory duration of the sick dentist, medical three months the employer; the qualifying provide for more require the employer leave, the sector and practitioner, or continuous conditions. Employees favourable provisions. to complement the (currently €1,653.60 how many times sick Chinese medicine employment to 14 do not receive SSP for public benefit in a ● day 8 till day 14: In addition, the social gross). 85,88% of the leave is taken in a practitioner. days of paid sick leave the first three days of certain level calendar year. and 46 days of paid any sickness absence. insurance subscribed (maximum in order to salary paid by An employee will to by the company the employer; hospitalisation for an equal the regular Collective bargaining accrue the right to employee who has The current weekly may provide for a full salary amount of the agreements can paid sick leave at the ● day 15 till day completed six months rate of SSP is £94.25. coverage during the employee prior to the provide for more rate of two paid 30: in general, of continuous The maximum leave. sick leave). favourable provisions. sickness days for each 25,88% of the employment. entitlement is 28 completed month of salary paid by weeks' SSP during any the employee’s the employer period of incapacity employment under a and 60% of the for work (or any series continuous contract salary by the of linked periods). during the first 12 mutuality months of such (deviations employment, and four possible); sickness days for each

● as from day 31: such month 60% of the thereafter, up to a salary paid by maximum of 120 the mutuality. sickness days.

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In principle, white- collar (with more than 3 months of seniority) are entitled to:

● First month: 100% of the salary paid by the employer;

● As from second month: 60% of the salary paid by the employer A specific regime is in place for white collar employees on contracts of a definite duration or a contract for clearly defined work .

As a result of Covid- The Government will As a preliminary There are no general Article 5 of Royal If the employee is not Only the authorities Pending the public No special measures in If an employee has 19, are there any allow statutory sick comment, please note funding mechanisms Decree-Law 6/2020 of sick but quarantined, can decide to place an authorities’ adoption relation to sick leave been issued with a special measures in pay (SSP) to be paid that, with the being put into place by 10th March adopted the starting point is employee in of further measures, for COVID-19 have Quarantine Order relation to sick leave? from the first day of containment imposed the government in certain urgent that employees will quarantine. If an employee absences been introduced. (“QO”) by the measures in the Singapore sickness absence (SSP on French people, relation to pay for remain entitled to employee has can be handled as Employees who are is not usually paid for homeworking has employees who are economic sphere and their . However, returned from an follows: Government, the for the protection of not sick but placed in duration of the QO the first three days been strongly required to stay based on the Dutch affected area and has Employees who quarantine or advised that somebody is sick) encouraged for all home/self-isolate so public health Civil Code, the not been placed in must be treated as established that contract the virus or by a medical paid hospitalisation for those who are employees, when their far. employee is no longer quarantine, the who are under professional to self- required to self- duties may be carried periods of isolation or entitled to wages in employer cannot leave. Only if the public infection of workers as mandatory isolate will not isolate, as well as out remotely. health department case the reason for refuse access to the quarantine: These automatically be If an employee has others in their a result of the COVID- not being able to workplace and must quarantines 19 Virus are to be employees are on sick eligible for statutory been issued with a household who are As an exceptional employees who are perform the work (or pay him/her the entire leave as per applicable sickness allowance, Stay-Home Notice required to self-isolate considered situations not in full) relates to salary. measure, the suspected of being assimilated to collective bargaining unless they are (“SHN”), employers and are unable to government has infected according to circumstances that in If an employee is agreement rules. confirmed of are advised to treat work. all reasonableness extended “sick-leave” the German Infection in terms of sick leave hospitalised because Employees who are in contracting the the duration of the The Government has for employees with Protection Act should come for the he/she suffers from disease during SHN as paid sick leave payment. employee’s own self-isolation also announced that it children under 16 who (Infektionsschutzgeset the coronavirus, this (employees who stay quarantine or self- or paid hospitalisation will refund the cost of cannot work remotely z) the employer is The social security in account will be treated in the isolation or are leave. (omstandigheden die at home without providing SSP to small during the period of reimbursed for the Spain, in cases of same way as sickness. symptoms of otherwise issued a employers (with less the school closure. employee’s salary by occupational disease in redelijkheid voor de Therefore, the rules medical certificate as In addition, employers werknemer behoren te respiratory infection are also encouraged to than 250 employees) This leave can only be the competent will provide a public regarding incapacity to and fever): Where required by the limited to two weeks requested by one of authority. benefit (75% of the komen). Although it work will be applicable Employment provide additional follows from case law these employees paid sick leave if an per employee and will the two parents and If employees stay at regulatory base) and the employee will cannot work remotely Ordinance during that work with employers lasts until 15 April that the threshold in be entitled to period. employee has used up home for a relatively order to meet this from home, they are

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09 April 09 April 09 April 09 April 15 April 09 April 09 April 09 April 09 April to develop a 2020 for now (should short period of time in starting from the next requirement and stop guaranteed salary not entitled to receive The Labour his/her statutory repayment the containment be order to care for their day of the sick leave. the wages in this depending upon their remuneration. Department has entitlement. mechanism. renewed; this leave child that fell ill with respect is very high, whether it is a blue- encouraged employers would be expanded). the Coronavirus, it It should be noted that we find it defensible to collar or a white-collar Employees who are to be considerate and Save for the above, Employers may have depends on the due to the assimilation stop the employee’s employee (see above). quarantined are make flexible there are no special to occupational measures regarding to complement these provisions of the wages if they have automatically arrangements in such subsidies up to the disease, the salary deliberately travelled considered on sick situation, including statutory paid sick employees’ full salary whether they are corresponding to the to one of the infected leave, but their where practicable leave. depending on entitled to first day of sick leave zones for which a absence from work allowing employees to applicable legal rules remuneration. This corresponds entirely travel warning has does not count work from home or or collective also applies if children to the employer, been given by the towards the grace granting paid leave. bargaining must stay at home as regardless of whether Dutch government period from after agreements. school is closed. the employee has and as a direct which a sick employee Regarding the latter rendered services or consequence, they can can be dismissed. not. scenario, however, no longer perform stricter requirements their work (from than in case of illness home). However, this apply and parents assessment should must explore whether always be made on a other care options case by case basis and exist. If employees considering the must stay at home for specific circumstances a longer period than of the matter. one week, they should If employees become try to find a mutual ill due to travelling and solution with their cannot perform their employer that could work, the stricter rules include taking paid or around illness will unpaid leave. apply, therefore, it will As a response to the most likely not be Coronavirus crisis, the possible to stop their government has wages. amended the Infection Only where it was the Protection Act employee’s deliberate providing that intention to become employees are sick and get the compensated for coronavirus by salary losses for travelling (opzet op de employees who must ziekte), the company care for children (up to can stop the payment age 12) because of wages directly. schools are closed. However, this is very The compensation unlikely and in amounts to 67% of the practice never the net income for up to 6 case. weeks and a monthly maximum amount of It is in any event highly €2,016. recommended (if not

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needed) to inform the employee (in writing) of the possible consequences for their wages before going on a personal trip to a zone for which travel warnings have been issued.

LAY-OFFS / SHORT TIME WORKING

Do employers have a There is a general right You can require an You can require an There is no right to put It is likely you can There is no right to put As a general rule, a Employers must The Singapore right to lay off at common law to tell employee not to employee not to employees on unpaid require an employee the employees on company has no right obtain employee Government has employees (i.e. put most employees not attend work, but in attend work in order leave unless employee not to attend work, in unpaid leave. to put employees on consent before putting updated the Tripartite them on unpaid to turn up for work that case the to comply with official agrees to it. order to comply with unpaid leave without them on unpaid leave Advisory on Managing leave) or impose but there is no general employee should still Government guidance, official Government Employers can apply their consent. or imposing short-time Excess Manpower and short-time working? If the employee is guidance and to for temporary However, it is possible right not to pay an be paid. Therefore, in but in that case the prevented to go into working. Responsible employee because practice this is rarely employee must still be protect the health and for for an employer, in Retrenchment the office and is safety of the rest of their employees (for a certain conditions (in Placing employees on work is not available. used for this reason. paid. unable to work from unpaid leave or (“Advisory”) to the workforce. maximum of 16 particular economic provide that a It can be done if there Possibility for the It depends on the home, the company weeks). The temporary crisis, imposing short-time is an express employer to provisions of the may only suspend the However, putting working without retrenchment should employment contract strikes, adverse only be considered as contractual right reschedule already employment contract employee’s salary employees on unpaid will be suspended (full weather events, etc.) agreement from the agreed between requested paid or a works agreement after a Collective leave or imposing employee could give a last resort, and the time or part time) and to access social safety employers should first employer and holidays. if the employer can temporary short-time working the employees will net schemes (such as rise to a claim of employee. request the employee process (the so-called will, in principle only, constructive consider / implement Employers have been receive the wages guarantee the cost-saving Alternatively, there asked to put their to work from home ERTE). This process be possible with unemployment fund, or cassa and breach of may be an agreement and/or put the requires the employees’ consent. contract. measures stated in the employees on allowances (see integrazione), in which Advisory. These covering the issue homeworking, when employee on short- concurrence of below). case the employees between the company time work. objective causes (e.g. Therefore, in general measures include their position allows it. employees who have will be put on leave having a flexible work and the union, or a Homeworking, in case force majeure linked and paid by the national agreement to the coronavirus, or been sent home will , reduction of of extraordinary have to be paid. National Social work hours, putting for the industry which circumstances, such as ETO grounds) and Security Institute. This the employer follows. must follow the Employees who work employees on unpaid a threat of epidemic, is from home will have is an amount equal to leave, and direct wage Such an agreement considered as an procedure and 80% of their global has contractual force formalities provided to be paid as normal in cuts. arrangement of the any event. remuneration for only if it is working conditions for in Article 47 of the hours not worked, up The Advisory also incorporated into the rendered necessary to Workers' Statute Act to the following recommends that any individual employee's allow the continuity of and the specific monthly limits: measures be contract of the company’s activity regulations foreseen in communicated clearly employment. and to guarantee the the recent RDL ● (maximum of to the employees. Many employers will employees’ security. 8/2020. €998.18 (net €939.89) for not have a contractual Remote working under During suspension as a those whose right to lay off staff these circumstances result of an ERTE monthly such that placing them can be implemented employee will receive remuneration is on unpaid leave unilaterally and there equal to or less without consent could is no need to obtain

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be a constructive the employee’s public unemployment than €2,159.48; dismissal. It is likely consent nor to amend benefits. and that any employee their employment who is laid off without contract. ● maximum of pay will challenge that €1,199.72 (net decision. €1,129.66) for those whose Similarly, imposing monthly short-time working remuneration is without agreement higher than from the employee €2,159.48. could also be a breach of contract. As a result of Covid- In the UK, the Part-time activities The government has Companies may be The government has A simplified procedure New measures No special measures in See above. 19, are there any government has (partial or technical decided to implement able to suspend introduced financial for temporary involving Italian social relation to lay-offs or special measures in new regulations on contracts/reduce support for employers safety net schemes short-time working If employers announced unemployment) have unemployment was implement any cost- relation to lay-offs or extraordinary financial been extended by the short-time work working hours due to with a loss of approved by the (such as the wages have been introduced. short-time working? allowances which force majeure (but of 20% or more. The guarantee fund, or cutting measures that measures to support government. government on 20 affect employee’s businesses and facilitate the only in certain employer can receive March 2020. All cassa integrazione) On the 27 March new application for a more circumstances, a compensation of up have been issued by , notification discourage ordinances were temporary must be made to the redundancies by extensive financial following a specific to 90% of the wage unemployment due to the government to aid published. A summary compensation of a procedure and with cost in case of a companies that are Ministry of meeting the cost of of the new French COVID-19 is Manpower. salary up to £2,500 per preliminary reduction full supporting turnover loss of 100% considered as forced to suspend provisions is as of working hours. documentation). This (to be pro-rated based normal business month for furloughed follows: temporary workers – this is called will allow savings to be on actual loss of unemployment due to activities due to the ● The decree on The government the Coronavirus made on both salary & turnover, to be force majeure. In case spread of the virus. partial activity/ passed a resolution on Retention Scheme. social security costs. determined of force majeure it is temporary 23 March 2020 with Further clarification The scheme runs retroactively). not required that the sets out a the following changes concerning retroactively for at Companies will also be company stops change in the to the short-time work The aim of this applicability are least 3 months from 1 able to suspend activities completely. calculation allowances which compensation is to expected from the March 2020. HMRC is contracts /reduce In practice, this means method of the apply retrospectively avoid terminations labour authorities. working to put in place working hours due to that some employees state subsidy from 1 March 2020: due to business practical Economical Technical may be temporarily The Government has paid to and Organisational economic reasons. arrangements and ● It is only unemployed and issued first guidelines employers to grounds due to the Therefore, during the further detailed required that at others may not. on how to implement reduce the cost impact of COVID-19 period the employer guidance is least 10% of the temporary lay-offs. to zero (as long following a specific receives In the event of anticipated. company's A law has been issued as the salary procedure that has compensation, the temporary employees are which includes: does not exceed some specialties in employer should unemployment due to affected by the ● possibility to 4.5 times the comparison to the actively try not to force majeure the reduction of implement national usual procedure. reduce wage costs and employee will, working hours in temporary lay- minimum wage Royal Decree Law not terminate regardless of his or her order to apply offs up to 9 salary) 8/2020 of 17 March employees due to family status, receive for short-time weeks for ● Temporary 2020, covering business economic an unemployment work companies (all exemptions to extraordinary reasons. A reduction benefit equal to 65% allowances. sectors) who are the normal rules measures in order to of wage costs will of his/her capped currently closed on wage face the impact of reduce the average salary (limited ● Employers who compensation the to €2,754.76 per (eg retail, supplement in implemented COVID-19, establishes the case of sick shorter deadlines in employer is entitled month). Until 30 June

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leave, paid comparison to the to. Requesting to 2020, this percentage factories, leave, accounts do not usual process. For obtain prior approval will be increased to restaurants etc) compensatory have to require instance, consultation to give notice due to 70% (maximum ● employees will rest working employees to period shall not business economic unemployment receive an time, days saved build up exceed 7 days and the reasons will result in allowance: 70% of allowance of on the time- negative representative the wage cost for the €2,754.76, i.e. approx €1,200, saving account working time commission must be employees, who have €1,928.33). 26.75% to be paid by the and (numerous accounts constituted in 5 days. been applied for, withholding tax will be state – there is a changes to) being increased by deducted from the complex working hours ● The Federal The Spanish 50% and being unemployment procedure to rules for Employment government has also deducted from final allowance. access this. Agency companies in enhanced entitlement compensation to be The employee who is reimburses the certain activities. to unemployment received by the temporarily employer in full benefits. employer. unemployed during for the social the period from 13 security Further information March 2020 to 30 contributions on this new financial June2020 because of due for the support for employers force majeure due to short-time work experiencing a loss of COVID-19 will receive allowances. turnover can be found here. a supplement of €5.63 ● Furthermore, per day in addition to

the Employment the unemployment Agency now benefit, at the even reimburses expense of the the employer for unemployment short-time work authority (Rijkdsdienst allowances paid voor to temporary Arbeidsvoorziening/Of workers (ie fice National de leased l’Emploi). employees). The government decided to grant an automatic allowance of €202.68 for each temporary unemployed employee, by intervening in the payment of the water and energy bill, in order to make the period of technical unemployment financially sustainable.

The procedure for temporary

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was simplified as much as possible by the unemployment authority.

TERMINATION OF EMPLOYMENT

Are there legal limits Yes. The dismissal of a Yes. Any dismissal Yes. In business units Under Spanish law Yes. An employer Yes. Although in Yes. Any dismissal Yes. The dismissal Yes. The dismissal of on the circumstances qualifying employee must be justified by a with generally more there are only two cannot unilaterally general employers do which is not justified cannot be based on an employee cannot in which an employee will be unfair unless real and serious cause, than 10 employees types of dismissal: give notice. The not spontaneously by disciplinary or one of the prohibited be on one of the can be dismissed? the employer can either a personal (full time equivalent), disciplinary dismissal employer must obtain have to give reasons economic reasons will grounds of prohibited grounds show that the reason ground (eg poor any dismissal which is and redundancy/ prior approval from for a dismissal. be invalid. discrimination (i.e. sex, (i.e. age, race, gender, for the dismissal was performance, serious not justified by urgent economic dismissal (in the governmental Collective Labour race, disability, marital religion, marital for one or more of five misconduct) or an operational, conduct addition to body (the UWV) to Agreement no. 109 The employee must status, family status status, family potentially fair economic ground (eg related or personal constructive give notice, request provides that take action against the and pregnancy). responsibilities or reasons; and that a safeguard of the reasons will be invalid dismissal). If a the court to dissolve employees are unfair dismissal within disability). fair process was company’s if the employee has dismissal is unfair, the the employment entitled to request the 60 days after the Further there are a followed in effecting competitiveness) and been employed for at remedy is a payment contract or enter into actual reasons that led dismissal and file a number of statutory The dismissal should the dismissal. comply with the least six months. amounting 33/45 days a settlement to their dismissal. claim in Court within prohibitions on also not be to punish specific dismissal of salary per years of agreement. Failure to respond to the following 180 dismissal, including an employee for There are a number of procedure applicable The employee has to service. There are a this request, entitles days. where the employee: exercising an protected grounds on to each ground. take action against the number of protected The dismissal method the employee to two employment right or which a dismissal will unfair dismissal within depends upon the Unfair dismissal i. is pregnant and to deprive the grounds on which a weeks’ remuneration. awards depend on the has served notice be automatically Employees can three weeks upon dismissal will be grounds for the If a dismissal is employee of a benefit. unlawful. challenge their receipt of the dismissal. The number of employees of her pregnancy automatically unlawful patently (15 employees or dismissal within 12 termination letter. (null & void dismissal, employer who wants unreasonable, the ii. is on paid sick months. The remedy if to terminate an above) and the date of If a dismissal is unfair, which implies the employer must pay a employment (before leave, and a dismissal is unfair is need to reinstate the employment contract lump sum indemnity payment of damages. the remedy is on the basis of or after 07 March iii. is entitled to reinstatement. In employee in his/her equivalent to at least 2015). Dismissal may also be prior position). business economic three weeks’ compensation considered null and practice most cases reasons or long-term under the are settled against remuneration and at For example (for void if the employee Having said this, it illness should first most 17 weeks’ companies employing Employees’ benefited from a negotiated severance should be noted that obtain the permission Compensation pay. remuneration. The more than 15 specific protection article 3 of RDL 9/2020 of the UWV before employee can employees) the Ordinance. (employee has established that serving notice of alternatively make a following applies: representatives/pregn while the Estate of termination and the claim for (higher) civil ant women/ Alarm is in force in employer who wants damages. The burden Economic dismissal: ) which Spain it is not possible to terminate an of proof for such (prior to 07 March gives right to a to proceed with a employment contract higher claim lies with 2015) reinstatement and/or redundancy on the basis of, for the employee CLA no. i. Reinstatement if damages of a termination based on example, a damaged 109 will not apply in minimum of six Covid-19. working relationship dismissal was not cases where the genuine plus 12 months’ salary. or poor performance employee must be (personal reasons) months’ damages. A recent law has dismissed following a then should request specific dismissal ii. Damages from 12 capped the amount of the Court to dissolve damages an employee process (eg mass to 24 months in all can obtain for redundancies) or in other cases (eg if

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dismissals notified the employment the case of a company failed to since 24 September contract. termination for redeploy 2018 and established a serious cause. Also, employee scale of damages with An employee can specific rules are elsewhere). a minimum and therefore only be provided for blue maximum amount of dismissed on statutory collars belonging to (After 07 March 2015) grounds. It is also damages according to certain sectors. i. Damages between the size of the possible for parties to enter into a Fixed-term contracts six and 36 company and the months’ salary. employee’s length of settlement agreement cannot in principle be service: (resulting in no longer terminated, unless an ii. No reinstatement. having to go to the indemnity equivalent ● In companies UWV or court). to the remaining Disciplinary dismissal: with 11 Statutory grounds for remuneration is paid. (Prior to 07 March employees and dismissal will still Exceptions exist, 2015) more minimum apply. however. three months’ If the employment i. Reinstatement and salary if the contract is for a fixed- up to 12 months’ employee has at term, the contract will damages if the least two years’ terminate by law after Court finds the service · the period expires. grounds for the maximum of 20 dismissal did not months’ salary if In that event the exist or disciplinary the employee employer is required action would have has at least 29 to give an employee sufficed in lieu of years of service. whose fixed term dismissal according contract for six to the company’s ● In companies months or longer is code of conduct. with less than 11 about to end, one

employees month prior to the ii. Damages between specific termination thereof 12 and 24 months thresholds written notice in all other cases. apply. This whether or not the (After 07 March 2015) capped amount employment contract of damages does will be renewed, as i. Reinstatement not apply to well as the conditions and up to 12 dismissals which upon which the months’ damages are deemed null employment contract if the Court finds and void where may be renewed. In the grounds for a specific the absence thereof, the dismissal did provision (moral the employer will have not exist. harassment, to pay a penalty ii. Damages between discrimination) consisting of one (pro- or a rated) monthly salary. six and 36 months fundamental The employment in all other cases. freedom has contract will still been breached. terminate by law.

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No specific regulation There are also a or prohibition in the number of protected context of Covid-19 grounds on the basis (but some procedural of which the employer issues to be tackled). will in principle not be able to terminate the employment contract for instance during the first 104 weeks of illness.

Are there any Yes. Up to a maximum Yes. Statutory notice Yes, the minimum Yes. The notice period Yes. Statutory notice Yes. Statutory notice Yes. Notice periods are Yes. Where there is no Yes. Where there is no statutory notice of 12 weeks' subject to periods depend on the statutory notice which the employer periods depend on the periods depend on set out in the agreed notice period, agreed notice period, periods? length of service. employee’s status period for must give depends on length of service. length of service and applicable NCBA and the minimum length of the statutory length of (executive / non- terminations by both the type of dismissal: on whether the can range from a few notice is one month. notice ranges from The minimum notice executive): one to employer and eg disciplinary An employer must employment contract days up to several Where there is an between one day to to be given by an three months. employee is two dismissal does not observe a notice started before or as months, depending on agreed notice period, four weeks depending employee with at least weeks during a require notice period, period of one month from 01 January 2014. the employee’s the notice period will on the length of one month's The collective probationary period of but for the first five years seniority and length of be the agreed period, employment. continuous bargaining agreement up to a maximum of redundancy/economic of service. For each The parties may agree service. provided that it is not employment is one may provide for longer six months and dismissal requires subsequent five years longer notice periods. less than seven days. week. notice periods and afterwards, four fifteen days’ notice. of service, the notice No notice period is other conditions (ie weeks to the 15th or period is increased by required to be served The parties may agree depending on age, The parties may agree one month (up to a in cases of dismissal longer notice periods. to the end of the length of service). calendar month. longer notice periods. maximum of four for gross misconduct. months’ notice). The parties may also The statutory notice Notice can always be agree on longer notice periods increases paid in lieu. Employees must serve periods in the further depending on one months’ notice employment contract. the length of service. unless a different After two years of period has been employment, the agreed in writing. notice period is one If an alternative period month to the end of a is agreed with which calendar month. There the notice period of is a sliding scale of up the employee is to a notice period of extended, the length seven months’ after of notice to be given 20 years of service. by the employer must be at least double the length of notice to be served by the employee (which may not exceed six months).

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Are there any formal Formal requirements Yes. The employer Any dismissal must be Yes. There are formal Termination by the Any dismissal must be No. The termination letter requirements? for termination of must comply with the in writing and signed requirements employer must be in writing. Different must be provided in employment are set legal dismissal by individual(s) duly For a disciplinary depending on the done in writing where formalities and writing. out in the individual procedure, which is authorised to dismissal, notification grounds for dismissal. there is a notice procedures apply in contract of strictly defined by the represent the must be served in When requesting the period to be case of: Where the employment. law. This is a formal employer. The writing, and it must court to dissolve the performed. The termination is due to process with employee must explain the grounds employment contract termination letter (i) dismissal for misconduct, a due Different formalities timeframes, including receive the original for dismissal, and state or the UWV for prior must be signed, dated disciplinary reasons, inquiry must first be and procedures must convening and holding signed document; the date on which it approval to give and it must indicate (ii) dismissal for conducted. be followed depending a pre-dismissal otherwise the will take effect. notice, the employer the duration of the economic reasons, (iii) on the reason for meeting, notifying the dismissal will be void. should substantiate its notice period and the collective dismissals, dismissal. In a redundancy (iv) the number of dismissal by registered If the signatory is not a situation notification grounds and the court date on which it starts letter with legal representative of or the UWV shall running. The notice employees (15 must be served in employees or less) acknowledgment of the employer, they writing with 15 days’ examine whether the starts running on the receipt). Other will have to enclose an particular criteria as first Monday following and, notice or paid in lieu, (v) the date of requirements apply in original signed copy of the letter must detail established by the law the week during which case of economic a power of attorney are met. the notice becomes employment (before the grounds for or after 07 March dismissal (search for with the dismissal termination, state the effective. The notice redeployment letter. Giving notice of letter must either be 2015). date which it on will termination takes obligation, selection take effect, and pay sent by registered criteria, effect, in principle, letter or served by a the employee the from the end of the reclassification statutory legal bailiff. If the notice scheme, etc). month (also letter is sent by compensation (20 depending on the days of salary per year registered letter, it will Specific rules apply to employment be effective the third and to of service capped at a agreement) and maximum 12 months’ business day following common agreement should be in writing. the date on which it termination. salary) simultaneously to the delivery of the was sent. If the notice In the event of the redundancy letter. letter is served by dismissal of an bailiff, it will be employee effective immediately. representative, the The notice will be works inspector’s considered irregular if approval is required. these formalities are not complied with and will entitle the employee to leave the company immediately and claim payment of an indemnity in lieu. Termination with immediate effect and payment of an indemnity in lieu of notice is not subject to specific formalities, but it is recommended

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that employers comply with the above formal requirements, for evidential reasons.

Are there any Yes. A statutory Yes. A statutory There are no statutory Yes. If the dismissal is Yes. If the In principle, no. But Yes. The statutory Yes. Statutory No, although the statutory severance redundancy payment dismissal indemnity is severance payments. unfair, the employee employment there can be severance payments severance will be due Ministry of Manpower costs? is payable to an paid to any employee Compensation is will be entitled to a agreement is mandatory severance include TFR, accrued to an employee who recommends paying a employee with at least with at least eight awarded when it is severance payment terminated by the in certain holiday leave up to the has been continuously retrenchment benefit two years' continuous months’ service. part of collective equivalent to: · employer (after prior circumstances, eg termination date and employed for a period of two weeks’ to one employment at the Collective bargaining restructuring covered approval for the UWV closure indemnity, accrued salary. The of not less than two month’s salary per relevant date and who agreements often by a social plan agreed ● Seniority up to 12 or the court dissolving collective dismissal TFR is approximately years’ and whose year of service. has either been provide for more with the works February 2012 – 45 the employment indemnity, indemnity equal to one month’s position is made dismissed by reason of favourable dismissal council. Otherwise days’ total agreement), the for patently salary per year of redundant. redundancy. payment. severance will be compensation per employee receives unreasonable service and companies subject to negotiations years of service compensation in the dismissal, indemnity must set aside TFR for The formula for As an exception, no between the parties (max 42 months’ form of a transition for discriminatory each of their calculating statutory dismissal indemnity is and will depend on the salary). · payment payable by dismissal, etc. employees. The severance is 2/3 x (the payable in cases of merits of the case. the employer, unless amount varies lesser of HK$22,500 dismissal for serious or ● Services from 12 the dismissal is for according to the and the employee’s gross misconduct. February 2012 serious employee employee’s length of last monthly wages) x onwards – 33 days’ misconduct. service and is years of service (pro- total compensation calculated by adding rated for incomplete per years of service The transition for each year of years). (max 24 month’s payment consists of service an amount salary). · 1/3 monthly salary for Statutory severance is equal to, and in any subject to a maximum each year of service, event not higher than, ● When there is a of HK$390,000. up to a maximum of the amount of the combination of €83,000 gross or one remuneration due for both, cap is year’s salary, whatever that year divided by severance accrued is greater. 13.5. up to 12 February 2012 (if higher to 24 monthly instalments) and in any event, capped at 3.5 years. If dismissal is based on economic grounds, employees must receive an amount equivalent to 20 days’ salary per year of service capped at 12 monthly instalments.

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Is it possible to pay in Yes. A pay in lieu of No. The employer may No. Payment in lieu of Yes. Notice period can No. Payment in lieu of Yes. In principle, no Yes. The notice period Yes. Employers (and Yes. Employers (and lieu of notice and notice clause may be release the employee notice is only possible be paid in lieu for notice is only possible special formalities can be replaced by a employees) have a employees) have a bring the employment inserted into an from working his with the employee's redundancy. with the employee’s must be complied but payment in lieu of statutory right to statutory right to to an end employment contract. notice period and pay consent. It is not consent. for evidential reasons notice. make a payment in make a payment in immediately? in lieu of notice but common as it has an it is advisable to lieu of notice. lieu of notice. the employment unfavourable impact comply with the contract will still end on the employee's formalities that apply at the expiry of the unemployment when terminating the notice period. benefits. employment contract with a notice period. The employer can also terminate the employment contract during the notice period at any time but, will in principle, be obliged to pay to the employee compensation covering the rest of the notice period.

Can dismissal be If an employer Yes. For instance, if Yes. For instance, if Yes. For instance, if Yes. The dismissal is in No. The dismissal will Yes. If the dismissal is No. The dismissal will No. The dismissal will ineffective/ void if not repudiates the the dismissal is made the dismissal is not in dismissal is not served principle null and void be effective even if it not in written form or be effective even if it be effective even if it done in accordance contract of in breach of protection written form or the in writing or if the 20 if it is not done in was unlawful or in is not served according was unlawful or in was unlawful or in with employment eg by for employee works council was not days’ severance is not accordance with the breach of contract. to the procedure, the breach of contract. breach of contract. contract/applicable seeking to dismiss an representatives / consulted, the given to an employee applicable law. Also, dismissal is void. law? employee immediately pregnant women, if dismissal is void. in a redundancy the employee can be where there is no pay the employee is on situation. reinstated if the in lieu of notice clause sick leave due to an dismissal is not in and no grounds, an occupational accident, accordance with the employee can choose based on applicable law or be whether or not to discriminatory entitled to reasonable accept that breach. In grounds, because the compensation to be this way, a purported employee denounced determined by the dismissal may be moral/sexual court if the employee ineffective. In most, if harassment, etc. chooses not to be not all, other reinstated. circumstances the law In addition, collective will not interfere with redundancies can be a dismissal. void if certain legal requirements relating to the job saving scheme have not been met.

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Is there any Potentially, yes in a In principle, no. As an Yes. The works council Yes. In relation to No. Only in the case of Potentially, yes. If Yes. For companies No, unless No, unless requirement to notify collective dismissal exception, in certain must be consulted disciplinary and collective dismissals. there is a special that have more than contractually agreed contractually agreed or consult with any situation (see below). cases, employee prior to each redundancy, a works protection against 15 employees, otherwise between an otherwise between an trade union, representatives termination. council must be Reference is made to dismissal, a multiple or economic dismissal employer and the employer and the employee council, and/or the labour Permission by informed after or the rules in this collective dismissal, or requires a mandatory relevant trade union. relevant trade union in local labour authority administration and/or authorities is required before notice is respect, described based on the rules of conciliation a collective bargaining or other third party in the works inspector in the case of dismissal served. below. the governing joint before the local Collective bargaining agreement. connection with the may have to be of disabled employees labour committee. employment or collective termination of involved: or employees on Where an employer authority. This does bargaining agreements employment? maternity or parental proposes to make not apply to the are rare in Hong Kong. ● Economic leave. large scale dismissal of dismissals: redundancies in a employees hired after information and Collective period of 90 days or 07 March 2015. consultation of redundancies must be less (collective works council prior notified to the Federal redundancies), it must When making to any redundancy . consult on its proposal collective dismissals an project; information Furthermore, the with representatives employer must follow of the labour works council must be of the affected a strict procedure (the authority on consulted about any employees and also mobility procedure) collective restructuring notify the Labour that involves labour redundancy agreement and any Authorities. authorities, the works projects (prior social redundancy council and the and/or after plan. Employment notification of Commission. dismissals), negotiate with unions and obligation to request the labour authority’s approval in case of mass collective redundancy project (more than 10 in a period of 30 days) in large companies.

● Dismissal of employee representatives: obligation to obtain approval from the work inspector.

Which employees None provided that a Pregnant employees, Pregnant employees, Pregnancy, maternity Pregnant employees, Pregnant employees, Certain groups Certain groups None. enjoy special fair procedure has mothers during mothers during and paternity mothers during breastfeeding including pregnant including those who protection against been followed. maternity leave, any maternity leave, (including period of 12 maternity leave, employees, employees employees, mothers have served notice of dismissal? Employees on family employee during a employees on parental months after employees on parental on paternity or of infants under one, pregnancy, are on leave can have period of 10 weeks leave, works council childbirth), union leave, works council adoption leave, statutory sick leave or

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additional rights in following the birth of members, candidates membership or staff members, candidates employees who have and women married statutory maternity relation to alternative his/her child, during works council working reduced during elections, data made a discrimination for less than one year. leave, or have a employment in a employees whose elections, data hours to care for protection officers, claim, employees who pending claim under redundancy situation. contract is suspended protection officers, young children. disabled and/or sick have made a the Employees due to a workplace money laundering employees. harassment claim, Compensation accident or an officers, severely It is still under some employees on Ordinance. occupational illness, disabled employees discussion as to breaks, employees on employee and apprentices after whether employees , representatives (works their period on long sick leave candidates and council or health and has ended. (disability) could also members of the works safety committee be considered council, candidates members, staff protected employees and members of the delegates), candidates for this purpose. health and safety to elections, trade committee, union union representatives, delegates and members of the prevention advisors. Employment Court.

Are there any specific Not unless set out in Prior to conduct / Prior to conduct A written notice with The employer must No, unless the An employer who No. Only in the case where procedures an an individual contract. performance related related dismissals, the statement of grounds obtain the permission intends to take an employee is employer has to dismissals, the employer must issue for dismissal plus of the governmental from a specific disciplinary action dismissed for follow when For dismissal to be a employee must be written warning(s) to consultation with body (the UWV) or protection against against an employee misconduct. In this dismissing an fair, the employer called to a pre- the employee to give workers’ request a court to dismissal or if this is which could lead to instance, the employer employee? must follow a fair dismissal meeting, them a chance to representatives in the dissolve the provided by a dismissal, for gross is required to conduct procedure which will during which he can improve their conduct. event of collective employment contract. governing collective misconduct or for a a due inquiry prior to depend on the be assisted and must dismissal. labour agreement. disciplinary reason, effecting the dismissal. individual be able to defend In the event of a The procedure will must follow the circumstances himself against the dismissal based on Grievance procedures depend on the ground Termination with a specific disciplinary (including the reason allegations made. The suspicion of a severe must be followed for for the dismissal. notice will be subject procedure. for dismissal). pre-dismissal meeting breach of contract, the employee Applications for to specific formal cannot take place employee must be representatives dismissal due to requirements. For companies that Tribunals will take into heard and given the and/or whenever business economic have more than 15 account the Acas Code before a minimum of Termination for five days after notice opportunity to defend foreseen in applicable reasons or long-term employees, when of Practice on themselves. collective bargaining disability are sent to serious cause is making an economic Disciplinary and of the meeting has subject to a strict been given/received agreements. the UWV for reviews. dismissal, there is a Grievance Procedures. Otherwise there are procedure, both in mandatory This (generally) will by the employee and no specific individual In the event of Applications for terms of conditions the dismissal letter conciliation procedure require warning, consultation redundancy, dismissal for other and of timing, in order to be followed before investigation, an must be sent at least requirements. employees must (personal) reasons are to be valid. two days after the pre- the local employment opportunity for the receive an amount sent to the Cantonal authority (see above). employee to put their dismissal meeting. equivalent to 20 days’ Court. It is also case (with a right to be Recent law has salary per year of possible for parties to accompanied) and a provided that during service and a fifteen- enter in to a right of appeal. the 15 days following day period of notice. settlement the notification of agreement. dismissal, the employee can ask the employer to further explain their reasons

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stated in the dismissal letter. The employer may respond and may also voluntarily clarify the grounds for dismissal. The works inspector’s approval is required in the case of a dismissal of an employee representative. Specific procedures apply for redundancy, depending namely on the number of employees to be dismissed, the size of the company and the presence of employee representatives within the company.

Does the employer Yes. Where an Yes. Specific Yes. The employer Yes. In the event of a Yes. The employer Yes. The employer Yes. The employer No. There is no No. There is no have any additional employer proposes to obligations and must file an collective dismissal must file an must follow a specific must provide specific concept of collective concept of collective obligations in relation make redundancies of procedure apply in application to the based on application to the prior information and information to the dismissal in Hong dismissal in Singapore. to mass 20 or more employees case of economic Federal Employment economic/productive/ UWV prior to consultation process workers’ Kong. redundancies? within a period of 90 redundancy (research Agency prior to any organisational termination and has to in case of collective representatives and In addition, the days or less (collective for redeployment, termination and grounds, the employer consult its works dismissal and send hold meetings with company will have to redundancies), it must selection criteria, consult its works must follow a specific council, if any, and the several notifications to them if required. notify the Ministry of consult on its proposal rehiring priority) and council, if any, procedure. The involved trade unions. specific authorities Manpower if it makes with representatives additional obligations otherwise all redundancy throughout the If no agreement is more than five of the affected apply in case of mass dismissals will be void. proceeding must be Mass layoff rules apply process. reached, the employer employees redundant employees and also layoffs (implementing communicated to the when, over a period of must notify the Labour within any six-month notify the Department a job saving scheme). Mass layoff rules apply Labour Authorities and three months, 20 or For the purposes of Office and a meeting period. where at least six more employees are collective must then take place for Business, Energy the procedure and Industrial Strategy employees in a includes consultations made redundant due consultation, a at the Labour Office. (BEIS). business with between with representatives. to a business collective dismissal is 21 and 59 employees economic reason. the intention of the After dismissals have are to be made Although the parties employer to dismiss a taken effect, the redundant within 30 are under an specified number of Regional Employment days. In businesses obligation to negotiate employees, within a Commission, the with between 60 and in good faith, they are 60 day period, for internal works council 499 employees the not forced to reach an reasons that do not (if any) and the local threshold is 10% of the agreement. relate to the sections of the trade workforce or more employees personally. unions must be than 25 individuals. In provided with a list (a businesses with at mobility list).

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least 500 employees There is specific A collective dismissal The entire procedure the mass layoff rules protection for affected arises if: · may take up to 75 apply if at least 30 staff over 50. days (38 days if there individuals are to be ● there are 10 or are less than 10 made redundant. more dismissals in dismissals). an operation with more than 20 but Mass layoff rules apply less than 100, where five or more employees · employees out of the 15 or more employees ● at least 10% of the in the company are to workforce is being be made redundant, dismissed in an within a period of 120 operation with at days. least 100 but less than 300 employees, and ·

● 30 or more dismissals if the total number of employees is at least 300. These rules do not apply to operations employing 20 or less employees. However, such operations may opt to follow this process in order to obtain a reduction of normal pre- age. Specific rules apply in case of a closure. Information and consultation may be required in multiple dismissals situations that do not qualify as collective dismissals.

As a result of COVID- There is currently no At the moment, no No. There are neither Yes. Royal Decree Law In principle not. No, general rules on Yes. The Government No special measures in The Government has 19, are there any prohibition on making prohibition nor limit to special measures in 9/2020 entered into Normal rules and termination are issued a law to relation to termination introduced a special measures in staff redundant, like dismiss despite some place nor plans of the force on 27 March statutory grounds applicable. address the have been introduced. Support Scheme to place in relation to there are in other procedural issues. German legislator to 2020, containing apply in relation to Coronavirus reduce the need for termination? countries. However, implement ones. complementary terminations. emergency. redundancies. Under the UK government For termination by measures for However, if the this scheme, the has introduced the Job mutual agreement, employment in order employer receives Government will co-

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Retention Scheme (see where the termination to overcome the compensation from This covers several fund a portion of up to above) with a view to needs to be approved consequences of the the government for areas including a the first SGD 4,600 of reducing the need to by the Administration, COVID 19. wage costs, the wage prohibition on making gross monthly wages make redundancies. some Administrations costs (+50% of the employees redundant of local employees for Furloughed employees have indicated they This established that wage costs) of the (both individual or a period of nine will involve minimal would refuse to the causes of force terminated employees collective dismissals) months (from Oct costs (accrued holiday approve terminations majeure, economic, will be relevant when for 60 days (ie up to 18 2019 to July 2020). and benefits, unless until 24 June 2020. technical or the government May 2020). otherwise agreed) for organisational grounds determines the as long as the Scheme that enable companies amount of All pending is running. to suspend compensation, redundancy processes contracts/reduce resulting in either a are suspended until 18 Employees who were working hours in lower compensation, May 2020 made redundant after accordance to articles or the employer 28 February 2020 can 22 and 23 of Royal having to repay be reemployed and Decree Law 8/2020 compensation then classified as shall not be construed received. furloughed employees as justifying under the Scheme. termination of employment or dismissal. In accordance to it, redundancies are forbidden due to force majeure, economic, technical, organisational or production grounds when the company claims that the cause of these redundancies is the coronavirus crisis or due to the current restrictions on mobility in force in Spain since the Royal Decree Law 463/2020.

In addition to this and related to termination during the coronavirus crisis, we also need to take into account what stated in the sixth additional provision of Royal Decree Law 8/2020 on 17 March 2020, that established that companies that

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have benefited from what stated in articles 22 and 23 and 24 in relation to suspension of contracts/reduction of working hours due to force majeure, technical, economical or organisational grounds have the obligation to maintain the employment of their employees at least 6 months from the date of resumption of activity in the companies.

HOLIDAY ENTITLEMENT

What rights do Yes. All full-time Yes. All employees Yes. All employees are Yes. All employees Yes. All employees (on All full-time Yes. All employees Yes. Paid. Yes, paid. employees have in workers have the right have the right to 25 entitled to paid annual have the right to 30 a full-time basis), employees have the have the right to four relation to holiday to 28 day’ paid annual days’ paid of 20 calendar calendar days paid including sick right to at least 20 weeks paid annual An employee who has All employees are entitlement? leave. leave, plus national days (on a five-day annual leave, plus employees, will be day’ paid annual leave, leave, plus bank been employed under statutorily entitled to bank holidays (around working week) plus bank holidays. entitled to a statutory plus 10 paid bank holidays. a continuous contract be paid an amount If a worker 11 per year). A local public holidays. minimum of 20 holidays. for a period of not less equivalent to their commences or ends collective bargaining Leave will not be pro- Pay in lieu of leave holidays per year (four The applicable than 12 months is accrued but unused employment or agreement may rated if employment cannot be made other times the working Some sectors provide collective bargaining entitled to be paid statutory annual leave engagement part way provide for more days ends in the second than on termination. hours per week) which for additional paid agreement or internal statutory annual leave on termination unless through the leave year of paid annual leave. half of the calendar will be pro-rated for bank holidays set out policies may provide in respect of each year the termination was they are entitled to year. Pay in lieu of part-time employees. in collective labour certain employees of service. The due to misconduct. paid holiday on a pro The employee accrues leave cannot be made agreements. additional periods of statutory annual leave rata basis. It is not 2.08 days of paid leave Payment in lieu of paid leave. entitlement is other than on Pay in lieu of leave permissible to pay in per month. termination. these statutory calculated by lieu of leave other holidays cannot be cannot be made other Pay in lieu of leave reference to an than at the Pay in lieu of leave made other than on than on termination. cannot be made other employee’s length of termination of cannot be made other termination. than (i) additional continuous service, employment/ than on termination. periods of paid leave ranging from seven to engagement which exceed the 14 days. mandatory four weeks of statutory period and (ii) on termination.

As a result of Covid- The government has Yes. The 25 March No. There are neither There are no specific There are no specific No - an employer  Employees can No special measures No. 19, are there any introduced a Ordinance allows special measures in measures in place measures in place cannot insist its take holiday for regarding holiday have special measures re. temporary new law to employers to force place nor plans of the regarding holidays. regarding holidays. employees take childcare been introduced. holiday? deal with Coronavirus employees to take 10 German legislator to Employers can ask vacation days. purposes. disruption. RTT days or days implement ones. An employer cannot employees to take oblige its employees accrued holidays, but

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Employees and placed in a saving time to take-up vacation their consent is  Additional 15 workers can carry over scheme before 31 days. required, so although days’ parental up to 4 weeks’ paid December 2020. an employer cannot leave to be used holiday over a 2-year It also allows However, agreement insist its employees in 2020 for period, if they cannot employers, ONLY if with the Workers’ take vacation days, parents with take holiday due to there is a collective representatives will be many employers are children Coronavirus. agreement, to force valid under the asking staff to take between 0-12 yrs employees to take 5 framework of Covid19 (part of) their holidays old – leave is The government’s holidays before 31 regulations (RDL during designated paid, albeit at Coronavirus Job December 2020. 10/2020). periods due to the 50% of the Retention Scheme exceptional salary. does not explicitly circumstances refer to the treatment surrounding Covid-19.  Right for of holiday during any employees with period of but sons and in response to daughters questions, HMRC has between 12 and referred to ACAS 16 years old to guidance which states take leave of that employees may absence during choose to take holiday all the period during periods of when the furlough and should schools are be paid normal closed – no remuneration for such salary is payable days. but employers are prohibited This is quite a complex from making and evolving area in them redundant. light of existing case  Additional 12 law, government days of leave to guidance and the be used in contractual position; March and April please seek advice for disabled separately. employees or

employees who need to look after disabled relatives.

 Bonus of €100 for employees who have worked in the office in March.

 Employees who are quarantined

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are automatically considered on sick leave but their absence from work does not count for the purposes of the grace period after which a sick employee can be dismissed.

 The use of accrued holidays is encouraged and can be imposed by employers.

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