Many questions arise on the ground to know what economic activities are authorized since March 18, the date of entry into force of the restrictive measures taken by the National Security Council. It is important to avoid any slippage, which for example takes the form of an untimely closure by the police authorities. The situation differs from the measures taken in neighboring countries. This article explains to dispel any misunderstanding on this subject. As for the other sectors, they can perfectly pursue their activities, on condition of organizing compulsory telework for all the functions which lend themselves to it or, failing this, guaranteeing compliance with the rules of social distancing. Only if these two conditions are not guaranteed in the workplace that a company of the category will temporarily close, partially or totally, the activities concerned.
In April 2020, the federal government has yet adapted the list of PC, so that they better correspond to the essential economic activities described at the beginning of the schedule. In the interests of legal certainty, the G10 social partners had sent their joint proposals for clarification, extension and limitation of essential activities at the end of March. The federal government has taken this into account, even if certain gray areas remain (in the absence of agreement within the G10 on all the activities to be included in this list). We note with satisfaction:
Teleworking in Coronavirus Times
The reinforced measures decided by the National Security Council oblige companies - whatever their size - to organize telework for any function where it is possible, without exception! Even so-called crucial sectors and essential services are obliged to apply telework as far as possible. According to labor law, employers cannot normally compel their workers to telework and workers cannot demand it. However, the measures decided by the National Security Council are of public order and must be respected by any individual on contract. Under the circumstances, there is therefore no doubt that a company can compel its workers to perform telework when such telework is possible. Under the law relating to employment contracts, workers are required to comply with this obligation.
Following the strengthened measures, we will make even more use of telework. Its success is not automatically guaranteed. You will find in reportsandaccounts.com on how to continue work in coronavirus crisis. Telework more information on the commitments to be made, the main substantive elements and the practical aspects, as well as the advice to follow in matters of telework. A worker on vacation or at the end of a professional mission abroad who remains "stuck" there following a flight ban or the cancellation of his return flight can invoke the existence of force majeure which prevents return to work. The same applies when the worker is placed in quarantine. The employer cannot refuse him access to the workplace on the basis of suspicion. For the safety of colleagues, the employer can nevertheless ask the worker to be examined, but he is not obliged to accede to this request.
To reduce the risk of contamination, you can however decide, in consultation with the worker, to temporarily organize the work differently if possible, for example by teleworking. Normally, therefore, the absence of childcare cannot be invoked to be declared temporarily unemployed for force majeure. Temporary unemployment due to force majeure can only be requested if it can be clearly demonstrated that there is effectively no daycare (the school being, for example, physically unable to organize it) and that the parent has no alternative impossible to telecommute, impossibility for the partner to provide care, it can only be provided by grandparents or other people of advanced age.
The teleworker is covered by industrial accident insurance if the accident occurs during the course and by the fact of the performance of his employment contract. He must therefore be under the authority of his employer and execute his employment contract when his accident occurs. There must be a written document (in any form) authorizing the worker to telework, which provides the place of performance of the work (failing which the presumption will apply to the residence or the place or places in which the teleworker usually performs telework) and the telework schedule (failing which the presumption will apply during working hours which the teleworker should provide if he was employed on the employer's premises). If there is no writing, there is always cover,
According to writerformypaper.com, in April 2020, the federal government has yet adapted the list of PC, so that they better correspond to the essential economic activities described at the beginning of the schedule.
Since Wednesday 18 March at 12 noon, the following rule applies in companies - whatever their size - are required to organize telework for any function where it is possible, without exception. When this is not possible, social distancing must be scrupulously respected, under penalty of fines and closure in the event of non-compliance after the sanction. This social distance must be provided for both the performance of the work and the transportation organized by the employer.