COVID-19 Update: Labour law
11/16/2020 - Reading time: 4 minutes
Attorney at Law
The Federal Government has issued (further) measures to prevent the spread of COVID-19.
During the lockdown, employees "preferably" should work outside of the workplace, if this is possible and employer and employee agree to work outside the workplace.
At the place of work at least one meter have to be maintained between the persons. If this cannot be guaranteed, a close-fitting mechanical protective device (mask) covering the mouth and nose area must be worn or other protective measures have to be taken (formation of fixed teams, installation of partitions, etc.).
Meetings in accordance with the Labor Constitutional Act (e.g. staff meetings) are permitted during the lockdown if they cannot be postponed or held in digital form.
With regard to the special care period, employees are now entitled to a total of four weeks:
- for the necessary care of children up to the age of 14, if there is an obligation to care, starting from the time of the official closure of educational institutions and childcare facilities. The employee must inform the employer immediately after the closure becomes known and take all reasonable steps to ensure that the agreed work performance is achieved; or
- if a child up to the age of 14, if there is an obligation to care, is separated in accordance with § 7 of the Epidemics Act 1950; or
- if there is an obligation to care for disabled persons who are cared or taught in a facility for disabled people or in a teaching institution for people with disabilities or in a higher education school, and this facility is partially or completely closed due to official measures, or disabled persons are cared at home due to voluntary measures; or
- for relatives in need of care, if their care or support is no longer guaranteed due to the loss of a caregiver under the Home Care Act; or
- for relatives with disabilities who got personal assistance if personal assistance is no longer ensured as a result of COVID-19.
Employers are entitled to reimbursement of the wages paid to employees during the special care period. The entitlement is capped at the maximum monthly contribution basis according to the Social Security Act (2020: EUR 5,370.--; expected for 2021: EUR 5,550.--).
Attorney at Law