Is the coronavirus on the employer’s account? Not always. Here are some starting points:

• The employer must take measures for a safe working environment. Employers are advised to follow the instructions of the Dutch governmental body of RIVM.
• An employee may not stay at home for fear of infection (unless there is a well-founded fear).
• If an employee is or appears to be infected, the employee must stay at home as a precaution and the company doctor must be called in. Further measures can be taken on the work floor, for example in consultation with the Municipal Health Service (GGD).
• The employer has to take into account the consequences of negative travel advice/risk areas for business trips (taking measures or retrieving the employee).
• As long as an employee is not ill, the legal starting point is: ‘no work, pay, unless’. This means that an employee who cannot come to work because of a risk that is for his account (e.g. not being able to return from holiday due to ‘Corona measures’) is in principle not entitled to pay. The employee can then, for example, take holidays or unpaid leave. This is different if the absence is the result of an instruction from the employer, such as a business trip. If an employee can continue to work remotely, he is also entitled to salary.
• If an employee has become ill due to the Corona virus and for that reason cannot work, then the employee is entitled to sick pay (even if the employee falls ill during holidays).
• If a company is severely affected by the Corona virus (temporarily less work), the employer can apply for a reduction in working hours. Employees can then be eligible for a part-time WW.

For more information or advice on this subject please contact Bart de Vroe or Anna Görgün.

Published on 27 February 2020