The gradual resumption of work from May 11 raises many questions about the conditions for its implementation. Since the Covid-19 epidemic has still not been eradicated, what constraints will employers and employees have to submit to limit the risks? After two months of decline or even cessation of activity, could the company force its employees to work more? The lawyer Roland Perez, legal specialist from Europe 1, answers the main questions of the auditors on this subject.
If an employee contracts Covid-19 after returning to work, can they turn against the employer?
A priori no, except to demonstrate that he caught the disease because the employer did not put in place all the measures to protect employees. The employer has an obligation of enhanced means. This obliges him to inform his employees, to plan a certain number of measures to avoid contamination.
[…] Let us not forget that the employee himself has an obligation of his own protection. In the context of the business and the possible contamination that it can bring to the other, he too must respect a certain number of rules.
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Does the employer have the right to compel its employees to temperature controls?
"It is a personal freedom that is violated by wanting to interfere in the health of his employee. But faced with the crisis, the employer has a reinforced obligation to protect its employees, and to put in place all ways to avoid contamination of employees, or contamination of those they live with when they return home, so these measures could be authorized by prescription.
Can you raise a major childcare problem with your employer to explain that a return to work is not possible?
Yes. We can also have a problem of personal pathology or pathology of a loved one with whom we live who can justify, with the agreement of occupational medicine and the Regional Health Agency, a work stoppage.
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I would like to continue to stay in telework after deconfinement. Can my employer refuse?
Insofar as teleworking can really continue, and the employee has no physical obligation at his place of work, he can obtain the agreement of his employer, but he will have to justify reasons for why he wishes to remain in telework. Is he particularly sensitive or exposed to risk? Isn't the employer able to take all means of employee protection? All these reasons can lead the employer and the employee to agree.
I continued to go to my workplace during the confinement. Can my employer prevent or limit my paid vacation this summer?
With regard to paid holidays, an ordinance provides that each employer can tax his employees, during confinement, at least one week of vacation. Apart from this period, the employee is perfectly entitled to take his vacation this summer ... Unless a new government ordinance intervenes on this point. "