In light of the current situation associated with reducing the spread of SARS-CoV-2 coronavirus, employers may order the absence of workers from work by:
- ordering work from home due to exceptional circumstances,
- the use of annual leave by the worker and collective leave,
- waiting for work at home – in cases of reduced workload,
- absence from work to care for children due to the closure of kindergartens and schools,
- performance of other works due to exceptional circumstances.
Depending on the type of work from home, workers are entitled to different wage compensation.
In the case of work from home, workers are entitled to full wage compensation. The same applies to taking annual leave. Waiting for work at home is an option that can be exploited by an employer who does not have sufficient workload for workers. In such a case, the employer must inform the workers accordingly, including by email, and workers are entitled to a wage compensation of 80% of the average full-time salary from the last three months and an obligation to respond to the employer’s call in the manner and under the conditions as indicated in the written referral. However, in the absence of parental workers for child care, workers will be entitled to compensation of 50% of their wages or at least 70% of the minimum wage.
Employers may, in exceptional circumstances, also require workers to perform other work, if possible depending on the situation.
In order to order workers to work from home, the notice must specify the essential circumstances (reason, type of work, method of monitoring the assigned work tasks, work resources to be provided by the employer, availability of the worker, method of communication of information relevant to the performance of the employment contract, instructions for safe and healthy work from home). The order may apply to an individual worker or to a group of workers, and care must be taken to protect personal data. In all cases of work from home, employers are also obliged to inform the Labor Inspectorate (firstname.lastname@example.org), by providing the inspectorate with information on workers or groups of workers who will perform work from home, the estimated time and type of work. In these cases, employers must also ensure safe working conditions at home.
If you had to close the offices during this time and send the workers to “wait for work” because you could not provide them with temporary work, you should inform the workers in writing. As mentioned in these cases the employees are entitled to 80% of their average salary from last 3 months. A written referral may also be sent to the employee electronically at the employee’s email address provided and used by the employer. Please indicate in the notice the reasons and estimated waiting time, as well as any other instructions you would like to give to the workers.
In addition to the above, we also expect the approval of the Intervention Act for the preservation of jobs and payment of salary compensation, which should, under certain conditions, provide for the co-financing of waiting jobs by the state. Currently these conditions are:
- at least 30% of employees shall wait at home, for maximum of 3 months, and
- the employers should oblige to keep their employment for at least 6 months.
In these cases the state would cover 40% of the cost of the salary.
We are at your disposal for any questions and further clarifications.