Coronavirus Crisis: How Can I Get My Employees Back to Work (Safely) From Their Homes?

As an employer, you undoubtedly have a lot of questions as a result of the easing of the coronavirus measures. In this article, we’ll briefly discuss some of the most common topics to help you move forward. Since May 4, 2020, measures to curb the spread of the coronavirus have been systematically eased. Businesses that were closed are reopening. Businesses that remained open are facing new questions from employees, customers, and contractual partners. For many companies, HR policy is once again facing major challenges. The coronavirus crisis and the safety measures still in place make it essential to optimize the organization, reduce personnel costs, ensure a safe work environment, and motivate employees. Crauwels Advocaten assists companies in rebuilding their operations and provides answers to the questions they have in this process.

Now that more employees will be present in the workplace, it will become more difficult to adhere to social distancing rules. For this reason, the social partners and the government have developed a general guide. This guide provides a framework of measures that can be further adapted by individual sectors or by each employer. Regardless of the measures taken, it is essential to inform both employees and external individuals (visitors, customers, suppliers, etc.) about the measures in place and their importance. After all, both the police and labor inspection agencies are checking whether companies that are currently operating are complying with the mandated COVID-19 measures and whether sufficient preventive health and safety measures are being taken.

If it is possible to return to work under safe conditions, the employee cannot invoke force majeure or refuse to return to work. Strictly speaking, the employee is absent without leave and is not entitled to wages. In some cases, the sanctions set forth in the employment regulations may provide a solution, or termination may be pursued. However, the current context of the COVID-19 crisis calls for particular caution. It will be important to examine the reasons and circumstances behind the refusal. The solution chosen should not create new problems for the employee or their colleagues. Furthermore, employees who report sick can still be examined by a medical examiner. If the employer suspects that the employee is not being truthful, an examination may offer a solution.

Starting May 4, the eligibility requirements for childcare will be relaxed for any parent who is unable to arrange childcare for their children. Families in which at least one parent is returning to work can once again have their children cared for at school. However, the general rule remains that parents should care for their children at home as much as possible. To make this possible for working parents as well, the COVID-19 parental leave program was introduced. Employees who have been employed for at least one month may, with their employer’s consent, reduce their working hours by one-fifth or by half. This is permitted to care for a child who is 12 years old or younger. COVID-19 parental leave does not count toward regular parental leave; it is therefore an additional type of leave. Furthermore, the leave benefits are 25% higher. The employee must notify their employer 3 business days in advance. A shorter notice period may be agreed upon by mutual consent. The leave may be taken until the end of the measure, or over a period of several months or weeks, whether consecutive or not. For the time being, this is possible during the period from May 1 through June 30, 2020.

At this stage of easing restrictions, working from home remains the norm as much as possible. It looks like this will continue for quite some time. Remote work is recommended for all companies and for all employees whose roles allow for it. Often, the challenge is finding the right balance between remote work and being in the office to ensure that work runs as smoothly as possible. Very few companies have already established provisions regarding occasional remote work in their employment regulations or a collective bargaining agreement. If no rules have yet been established, or if the existing rules are insufficient to address all the practical implications of the current measures, we recommend entering into written agreements with employees. In any case, remote work raises new issues, such as the nature of the work, availability, reimbursement of expenses, and the employee’s insurance coverage in the event of a work-related accident. Crauwels Advocaten offers you a tailor-made solution to all these questions.

The past few months have been a seismic shift for many companies. To get back on solid ground, layoffs may become unavoidable. An employer cannot cite the COVID-19 pandemic as a force majeure event to terminate an employment contract without observing a notice period or paying severance pay. However, it is possible to terminate the employment contract of an employee who is temporarily unemployed, provided that a notice period is observed or severance pay is provided. Under the standard economic unemployment regulations, the notice period is suspended for as long as the employee is temporarily unemployed, but this is not currently the case under the special COVID-19 regulations. In cases of COVID-19 force majeure, the notice period continues as usual. As a result, employees who are terminated and are temporarily unemployed rely on unemployment benefits paid by the government for at least part of the notice period. However, a bill has since been introduced to change this. Under that proposal, the notice period would not begin until the employee returns to work. The House Committee on Social Affairs approved this bill on May 5. It remains to be seen whether Parliament will pass this bill and whether it will affect notice periods that have already been given. If the employee terminates their employment contract themselves, the days of temporary unemployment—regardless of whether they result from force majeure or “ordinary” economic unemployment—will not suspend the notice period under any circumstances. In principle, even an employee who is sick can be terminated. However, the illness may never be the reason for the termination. If a company has been affected by the COVID-19 measures and invokes temporary unemployment due to force majeure, it will not be difficult to justify any terminations. Economic reasons resulting from the COVID-19 crisis can be invoked and easily proven.

The easing of coronavirus restrictions also presents challenges. As an employer, it is important that you stay well-informed to ensure that you can guarantee the safety of your employees, optimize your business, and reduce labor costs.