Introduction

Labour law aims to help companies during exceptional and periodic crises, particularly with regard to ensuring the continuity of their business and maintaining job positions.

On 16 March 2020 the Ministry of Labour and Professional Insertion and the Ministry of Industry, Investment, Trade and Digital Economy issued a joint communique regarding the impact of COVID-19 on employment relationships and labour law. This article examines the guidance and answers FAQs from employers and employees regarding how COVID-19 will affect them.

FAQs

Can employers impose annual paid leave during a pandemic?

Article 245 of the Labour Code permits employers to set the dates of annual leave following consultation with staff delegates and union representatives, where applicable. After such consultation, employers can determine the dates of employees' paid leave.

Can other leave be implemented?

Employers and employees may agree to:

  • additional paid leave;
  • additional leave with reduced pay; or
  • unpaid leave.

Can employees' working time be reduced due to COVID-19?

Working time may be reduced in accordance with Article 185 of the Labour Code, which provides that:

  • staff delegates and union representatives must be consulted, where applicable;
  • employees' wages for the effective working time must be no less than 50% of their normal wage, unless more favourable terms exist for the employees; and
  • the reduction period must be respected as per Article 185 of the Labour Code.

Can working time be amended to respond to increased company activity?

Pursuant to Article 196 of the Labour Code, companies that perform work in the nation's interest or experience an exceptional increase in their workload can employ their employees beyond the normal working hours, as stipulated by Decree 2.14.570.

Can employees work successive shifts?

Pursuant to Article 188 of the Labour Code, employees can work successive shifts provided that they work no more than eight hours per day. This work must be continuous and the employee must take a break that does not exceed one hour.

Can employers prohibit employees suffering from COVID-19 from accessing the workplace?

In accordance with the applicable regulations, employers must prohibit employees suffering from COVID-19 from accessing the workplace, as employers must ensure the cleanliness of their workplace and guarantee hygiene, safety and security conditions to preserve employees' health. Employees must inform the relevant authorities to take necessary measures.

What is the status of employees placed in quarantine?

A distinction must be made between:

  • voluntary quarantine without the presentation of a medical certificate. Such situation is unregulated by law, except where it is regulated by a collective agreement, individual agreement or the company's internal regulations, including where leave is agreed between the employee and their employer; and
  • quarantine due to an illness evidenced by a medical certificate. Such situation is regulated by the social security regulations.

Can employees leave their workplace if they are infected with COVID-19?

For the purpose of preserving employees' health and safety, where COVID-19 is discovered among employees, employers must contact the relevant authorities to allow them to undertake the necessary measures.

Must employers respond to requests from employee representatives to hold a meeting?

In the context of raising awareness of the measures taken to ensure business continuity, employers may hold meetings with employee representatives, if necessary, to apply the government's health and safety measures to limit the spread of COVID-19.

Can employees work from home?

Article 8 of the Labour Code allows employers to employ home-based employees provided that the health and safety measures prescribed by Decree 2.12.262 of 10 July 2012 are respected. A work-related accident insurance policy must also be established pursuant to Law 18.12, provided that it is agreed between the parties and does not jeopardise the rights acquired from the pre-existing employment relationship, prior to the implementation of the home-based work or teleworking.

Are employment contracts suspended when employees are in quarantine?

As COVID-19 is considered an illness and is thus a valid reason for an employee's absence, pursuant to Article 32 of the Labour Code, their employment agreement will be temporarily suspended.

Do company closures due to administrative decisions relieve employers from their contractual obligations?

Where an employer has been ordered to suspend its activities due to the relevant authorities' administrative decisions, it may be relieved from some of its contractual obligations. A labour inspector should be contacted for further information.

Can employers measure employees' temperature before they enter the workplace?

Employers can take all necessary preventive measures adopted by the health authorities and should ensure that these are strictly respected, including measuring employees' temperature before they enter the workplace, especially in such exceptional circumstances.