Crauwels Advocaten Assists Employers During the COVID-19 Crisis

Especially now that labor law and social security regulations are changing almost daily, our attorneys continue to proactively seek appropriate solutions for every situation. How can we help you?

These are particularly challenging times for employers and their employees. While some companies do not have enough work for their employees, the COVID-19 measures are creating an unexpected surge in business for others. In any case, every company faces specific logistical and legal challenges that need to be resolved. Crauwels Advocaten has been advising employers for many years on all aspects of employment. Especially now that labor law and social security regulations are changing almost daily, our attorneys continue to proactively seek appropriate solutions for every situation to support your business. To limit the spread of the virus, the firm has made extensive use of all technical means available to maintain close contact remotely.

The attorneys at Crauwels Advocaten reviewed the most common questions employers have so that they can provide quick and targeted advice. Below, you’ll find a few of those questions along with their answers. If your specific question isn’t listed here, please don’t hesitate to contact our specialists.

One of the measures to curb the spread of the virus through “social distancing” is to require telework for non-essential businesses. As a result, telework has nearly quadrupled. As an employer, you must arrange for all employees whose jobs allow it to work from home. For positions where this is not possible, you must be able to guarantee a distance of 1.5 meters. Non-essential businesses that refuse to arrange for employees to work from home are subject to a fine of up to 4,000 euros. As an employer, you are liable if an employee refuses to work from home, so you will need to enforce this. To avoid future disputes and ensure that work runs smoothly, we also recommend entering into a temporary agreement with employees regarding the organization of remote work.

If employees continue to work on company premises or at a location other than their homes, you, as an employer, have a duty to ensure safe and healthy working conditions. Crauwels Advocaten can provide the necessary guidance and practical advice in this regard.

More than half of all companies are currently claiming “temporary unemployment due to force majeure.” As a result, the rules regarding temporary unemployment have been relaxed for every sector. All cases of temporary unemployment between March 13 and June 30, 2020, will be treated as temporary unemployment due to force majeure. The same electronic application procedure applies to all these cases. Despite these simplifications, temporary unemployment can lead to uncertainty. Can employees still be laid off or hired? What is the impact on vacation time, overtime, or the notice period? And how does the situation change if an employee becomes ill? Getting a concrete answer to these questions quickly can prevent a lot of dissatisfaction.

The unexpected surge in demand during the COVID-19 pandemic may make overtime necessary. Some companies may even want to temporarily hire additional staff. The law provides for both exceptional and structural measures to ensure that the work can be done. We’d be happy to work with you to find the solution that best suits your needs.

For many business owners, ensuring the continuity of their organization will be an enormous challenge. Nevertheless, the changed circumstances also present an opportunity to do business differently, develop new activities, and reorganize wisely—including with regard to staffing and employment conditions. In addition, the measures taken to combat COVID-19 will likely continue to spark discussions in the future—with the government, as well as with customers and employees. Crauwels Advocaten is already looking ahead and preparing now to guide you as these measures are phased out.

The COVID-19 crisis is causing a great deal of uncertainty, especially now that labor law and social security regulations are changing almost daily. As a business, you also have specific logistical and legal challenges to address. That’s why the Crauwels Advocaten website provides answers to specific questions employers have regarding the COVID-19 crisis. We stay up to date on the latest developments and are happy to assist you with advice and support.