In principle, an employer cannot simply refuse to allow an employee onto the workplace. If, for example, your employee has been in an infected area but shows no symptoms of illness, there is currently insufficient reason to refuse them entry.
However, if the employer believes that allowing the employee onto the workplace does pose a risk, the employer may decide to refuse access after all. After all, the employer has a responsibility to ensure a safe working environment. However, an employee could then (from a legal perspective) request reinstatement.
For some employers and employees, it is of course also possible to make arrangements for working from home. Especially if the number of employees working from home increases, we recommend making clear written agreements on this with all employees. This can be done, for instance, by concluding a homeworking agreement with specific agreements on location, accessibility, the use of company equipment provided and health and safety legislation. If you want a homeworking agreement, we can of course provide you with one.
The moment your employee is sick, the employer must continue to pay wages. So, in principle, sick days cannot then be offset against holidays. If an employee has to go into quarantine as a precaution and is not yet sick, the circumstances of the case must be considered when assessing whether wages should continue to be paid. In principle, the main rule then is that an employee is entitled to pay, unless the cause of not working is the employee's responsibility. It will also depend on the position whether work can still be performed during a quarantine.
Some workplaces put employees at higher risk of coronavirus infection. If an employer doubts whether the workplace has an increased risk, the employer can involve the occupational health and safety service or company doctor to jointly determine whether the workplace has an increased risk of infection. In certain situations, the use of masks, gloves and/or other personal protection measures may then be necessary. Once the company doctor also advises such measures, the employer is obliged under the Working Conditions Act to take the advised measures.
More and more companies are beginning to feel the impact of the coronavirus. In exceptional circumstances, such as a fire or flood, employers can apply to the Ministry of Social Affairs and Employment for a reduction in working hours. In such situations, there is insufficient work within the company for all employees. If the employer is then granted a licence, employees may receive unemployment benefit due to reduced working hours.
If the employer expects there to be at least a 20 per cent reduction in work for a period of between 2 and 24 weeks due to the coronavirus, they may apply for temporary reduced working hours. The initial authorisation will then be valid for a maximum of 6 weeks.
In the event of a structural reduction in work, redundancy may even be possible on commercial grounds. If you anticipate such consequences, we advise you to seek legal advice first.
Do you have other questions regarding this issue? If so, you can always contact our employment law specialists.