Everyone will be aware of the far-reaching impact of the coronavirus (COVID-19). For companies located in Belgium, operating either nationally and internationally, the virus may not only lead to issues in relation to the trade of goods, but it may also cause a need (or necessity) for employers to consider (preventive) measures in the workplace.
1. Steps to be taken in case the employer must temporarily stop activities due to a lack of supplies?
Belgian companies may be unable to carry out their activities because the supply of products is no longer guaranteed. In principle, the employees of the companies concerned will be able to receive temporary unemployment benefit. The employer must submit a file to the competent unemployment office containing proof of force majeure and the presence of a link between the coronavirus and the force majeure.
2. Steps to be taken by the employer if one or more employees are detained abroad and therefore unable to work?
If an employee is stranded abroad and unable to return to Belgium, he/she is entitled to temporary unemployment benefit as a result of force majeure. The same applies to the employee who is placed in quarantine after his/her repatriation to Belgium.
However, if an employee is hospitalized because he/she suffers from the coronavirus, this will most likely be treated in the same way as sickness. Therefore, the rules regarding incapacity to work will be applicable and the employee will be entitled to guaranteed salary during the first month of sickness.
3. Does an employer have the right to dismiss an employee who is no longer at work due to force majeure?
No, the dismissal will most likely be qualified as a manifestly unreasonable dismissal. The employee may claim an indemnity of 3 to 17 weeks’ salary, depending on the degree of the manifest unreasonableness of the dismissal.
4. Do measures need to be taken at the premises the employer?
The employer is obliged to ensure a safe and healthy workplace. This means, among other things, that the employer must identify and assess the risks associated with the work.
Subsequently, consideration should be given to the measures to be taken to eliminate or minimise the risks. The measures to be taken will depend on many factors and therefore the most suitable approach should be considered for each situation. Hand hygiene is essential to limit the spread of the virus. Therefore, employees should be made aware of what they can do to maintain good hand hygiene.
5. Suspicion of contamination in the workplace
It is the employer's responsibility to monitor, evaluate and take action if necessary. If the employer believes that there is a risk of contamination, it will have to contact the prevention advisor as soon as possible, who can assist in taking preventive measures.
If an employee has (possibly) been in contact with carriers of the coronavirus, it may be advisable to allow the employee to work from home for 14 days. The employee should have sufficient resources to be able to do his/her job properly, such as access to a computer, possibility of printing, a workplace, possibility to login to the digital work environment, etc.
Further information to help employers deal with the outbreak of the coronavirus across our international network available here
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