What measures should employers take?
Every employer is obliged to ensure safe working conditions. This means, for example, taking extra hygiene measures, limiting business trips to risk areas, providing employees with protective equipment if they are at risk of infection, or offering the possibility to work from home if the work allows it.
What can you expect from an employee?
An employer may ask its employees whether they have recently been in a risk area; this is not in conflict with the GDPR. As long as employees do not have any symptoms of illness, according to the RIVM there is no reason to prevent employees from entering the workplace if they return from a trip from risk areas. If an employee has been in a risk area and has symptoms of illness, they may be denied access to the workplace.
If employees cannot work in the office or at home due to Corona prevention, they retain the right to wages. This is different if an employee does not want to come to work for fear of infection without a good reason . In that case, there may be a case of work refusal and the employee has no right to wages.
If schools close due to the coronavirus, an employee may, under the Work and Care Act, take a maximum of a few days of calamity leave or, if necessary, short-term care leave. Calamity leave is a very temporary emergency measure, for example, if schools close with immediate effect. Short-term care leave is intended to temporarily provide care for family if no one else can do so. Both forms of leave are intended for a short period. An employee is entitled to full pay during calamity leave and at least 70% of the pay during short-term care leave (unless the collective labor agreement provides otherwise).
If schools or childcare facilities close for a longer period, employees are responsible for arranging care themselves. If they are going to do this themselves and cannot work from home, they must also take vacation days for this.
Can I apply for reduced working hours?
Companies that are severely affected by the coronavirus can appeal to the existing reduced working hours scheme of the Ministry of Social Affairs and Employment. It can then be requested to have the staff work fewer hours. The employees then retain their wages and the employer can apply for unemployment benefits for the hours they work less to compensate for the wages paid. Companies are eligible for the scheme if they can demonstrate that they have at least 20% less work for a minimum of 2 and a maximum of 24 weeks as a result of the coronavirus.
Further questions? Please contact Liesbeth or Femke via info@lvdadvocaten.nl
