Will I be compensated during the quarantine of my daughter, just back from Italy? Can I request my repatriation if the country where I travel becomes a risk zone? Can I get my trip canceled due to health risks? Within the framework of a large special coronavirus forum, organized on Friday evening on Europe 1, Human Resources Director, lawyer and school heads answered the concrete questions of several listeners, while the coronavirus continues to spread.
My child is in quarantine. What are my rights ?
Benoit Serre, vice-president of the national association of HRDs : "A government decree, dated January 31, 2020, provides that when you are in quarantine, you are entitled to 20 days of compensation. When you have a sick child, you have exactly the same right. This person can therefore fully benefit from 20 days of salary support by the health insurance fund. "
Roland Perez, lawyer : "The employer has an obligation to protect the health and safety of his employees. In the name of this obligation, he will be obliged to quarantine his employee and accept his care during, maximum, 20 days. There is then a suspension of the employment contract, and no sanction can be taken. "
In the event of an epidemic, can I exercise my right of withdrawal?
Roland Perez : "This right is provided for by the Labor Code and this is a reasonable reason. The employee must demonstrate that this epidemic presents a serious and imminent danger to his life in the course of his duties. he can demonstrate this, he can then evade all work. If there is exercise of the right of withdrawal, no sanction is possible and the remuneration maintained. It is up to the employer to make the approach.
Could there be a distance learning system in place?
Marie-Alix Leherpeur, head of establishment and member of the National Union of National Education Management Staff (UNSA) : "All establishments have digital work environments (ENT) which allow easy communication between teachers and classes. However, there is an important delta in current practices: some teachers would be able to manage their courses remotely, but others would need continuous training to be effective on the subject. National Center for Distance Education (CNED), it will not be able to cope with the national level.
In addition, pupils who would have to stay at home have teachers who have obligations towards them. These teachers must have the technical means, must be trained to be able via an ENT to communicate with their students. They must be prepared. "
>> Find all of Nathalie Levy's programs in replay and podcast here
At 68 years old and already having some breathing difficulties, I would like to cancel my trip to Tenerife
Roland Perez : "Even if the zone is not a zone classified as risk, the tour operator must do everything in its power to comply with the request to modify or cancel the trip. Insofar as confinements in Tenerife take place people who could potentially become at risk, and given your vulnerability, the best thing to do is to play this cancellation insurance for compatibility problems between your current problem and the risk that you run by going to this hotel .
The agency is entitled to not want to cancel, because it is not a risk zone, however, having regard to the tourist's medical history, a medical certificate advising against leaving will allow for a legitimate cancellation . "
Do I have the right to oblige my employer to provide us with masks and hydroalcoholic gel?
Benoit Serre : "The employee has the right to request. The employer has no obligation in the legal sense of the term, except that every employer has a first obligation of result to protect his employees. the current situation means that this system of compulsory work safety applies. Consequently, he can compel his employer to provide him with the means of protection he needs given the job he does (in supermarkets, in contact with the public, editor's note).
Roland Perez : "However, in a customer relations activity, it could be legitimate for the employer to refuse to provide a mask".
In the case of a business trip, can I demand to be repatriated by my company?
Benoit Serre : " In this case, it is Croatia. If Croatia were affected, the employee could demand to be repatriated, but also examined and confined because he would have been exposed to a risky situation . And if, from the outset, Croatia becomes a risk zone, the employee would even have the right to refuse to leave. Without consequence. "
Roland Perez : "There are insurances which must be taken into account by the employer. On the other hand, if a person takes the risk of leaving in a risk zone, and that on the spot he develops a disease, the insurances will not take nothing in charge because there was an awareness of this risk, and therefore more of a hazard. "