At the end of December 2019, Western media began to echo a suspicious outbreak triggered in the Chinese city of Wuhan. Several hundred people were reported to have suffered from severe pneumonia caused by an unknown coronavirus.
WHO declared on March 11 that the coronavirus was becoming a pandemic. In Spain, after an initial period where it seemed the disease was under control, the number of infections increased exponentially, particularly in Madrid, Álava, and La Rioja.
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These regions with “enhanced confinement” levels have already taken exceptional measures such as the suspension of educational activities or teleworking.
In light of this situation, many companies are wondering how they should proceed to prevent the disease and what current legislation says about it.
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Table of contents
- 1 Coronavirus, what is the legal framework for businesses?
- 1.1 Recommendations from the Ministry of Labor
- 2 What type of leave is involved and how should it be managed?
- 3 Teleworking as prevention against the coronavirus
- 4 Preventive measures in companies without teleworking options
- 4.1 First actions
- 4.2 Cancellation of business trips and work travel
- 4.3 Layoffs and reductions
- 5 Examples of emergency plans in companies against the coronavirus
- 5.1 BBVA
- 5.2 Orange
- 5.3 Renault
- 5.4 MediaMarkt
- 5.5 Bizneo HR
- 6 Other common doubts about the pandemic
- 6.1 Questions about quarantine and isolation
Coronavirus, what is the legal framework for businesses?
COVID-19, more commonly known as the coronavirus, is a highly infectious agent for which there is currently no vaccine or specific treatment. This is why the Ministry of Labor and Social Economy has recommended that companies pay particular attention to preventing the disease in the workplace.
But what should be done if a worker’s contagion is recorded? What are the legal responsibilities of the company? And the worker?
According to Article 21 of Law 31/1995, of November 8, on the prevention of occupational risks (LPRL), it is the company’s responsibility to inform staff of the existence of a health risk that goes beyond its activity.
In this case, employees are assumed to be aware of the existence of the coronavirus, but the company can help reassure them by regularly providing information on the evolution of the outbreak, guidelines provided by the competent authorities, or specific plans adopted by the company.
Recommendations from the Ministry of Labor
As highlighted by the Ministry of Labor, companies are required to stop work in their physical facilities if there is a high risk of contagion among their workers.
Such a risk is deemed to exist when a staff member has contracted the disease or when the competent public administration raises the health alert level. Workers may also request the suspension of work if they present an “immediate risk” to their health.
However, in an information note, the Ministry of Labor also emphasized that “the mere assumption or social alarm generated [due to the coronavirus] is not enough to understand the requirements of the standard”.
Thus, any decision regarding the cessation of the company’s activity must be justified by ongoing reports issued by the Ministry of Health or any other competent body.
The document management software (DMS) promotes the creation of an open communication space for employees and team leaders in which all relevant information about the outbreak will be deposited.
The company thus assumes its legal responsibility to inform employees and has up-to-date guidance on how to proceed, which helps reduce uncertainty and improve the work environment.
What kind of work leave is it and how should it be managed?
In the event that an employee suffers contagion or is forced to undergo a quarantine phase (generally for a period of 15 days), the company will be required to treat this absence as a temporary disability leave due to occupational illness.
This is the indication made by the Ministry of Health in the decree-law of March 10, modifying the previous criterion that allowed for a discharge due to “common contingencies.”
The most obvious consequence of this change is that employees who receive leave for coronavirus will receive a benefit equivalent to 75% of the regulatory base, with the Administration covering the payment from the first day. Companies may also benefit from a moratorium on the payment of social security contributions for employees on leave due to coronavirus. They will have one year from the end of the accounting period to catch up on their payments.
Undoubtedly, the initial measures taken in this regard will provide financial aid to the affected companies, even though they will be required to monitor much more comprehensively the leaves and absences of employees.
An alternative solution for human resources departments is to follow up with a leave manager who will facilitate these efforts and help reorganize the work teams that are still in place to avoid injuries or potential disruption to the company.
It is also particularly useful to determine whether, given the characteristics of the jobs that have been neglected, it is appropriate to hire replacements.
Teleworking as prevention against the coronavirus
If, as mentioned above, companies are required to take preventive measures to prevent or slow the spread of the coronavirus, teleworking can be one of the most useful initiatives. On one hand, the risk of contagion is significantly reduced if employees stay at home.
On the other hand, companies avoid completely suspending their activity, which could have a considerable economic impact.
It is worth noting that teleworking is a highly valued time flexibility measure among Spanish employees, as shown by the Randstad study for the 2018 fiscal year, which indicated that 70% of workers would like to complete all or part of their workday from home.
Moreover, this possibility has already been tested by some companies, as we will see later. Before the publication of the current alert, nearly 30% of Spanish companies were considering implementing teleworking (INE data).
To ensure that the forced introduction of teleworking does not lead to a significant decrease in work productivity, companies have the option to maintain control over hours worked outside the office with time tracking programs or digital signaling.
Task request flows and other formalities can be approved quickly, allowing for near real-time monitoring of teleworking by team leaders. At the same time, the company can obtain reports of schedule violations with legal validity to make appropriate decisions.
Preventive measures in companies without teleworking options
Unfortunately, not all companies have the option to develop part of their activity through teleworking. This is the case, for example, for most jobs in the booming industries or in the transportation sector. When there is no possibility of performing tasks outside the company’s premises, the company must take extreme precautions.
Initially, it is possible — and perfectly legal — for companies to require their employees to undergo a medical examination (at least in high-risk areas).
First actions
If the company identifies a serious risk of contagion but is not yet at a stage that requires it to suspend its activity, it can take precautionary measures such as installing hand sanitizing gels at various points in the facility or relocating employees exposed to belong to a risk group (previous pathologies, over 60 years old…).
Cancellation of business trips and work travel
Unless a specific quarantine has been declared in the area where the company’s premises are located, its workers can continue to travel, both nationally and internationally, as part of their work.
However, flights to some of the most affected areas have been suspended and the Ministry of Health discourages any movement that is not strictly necessary. One of the fundamental preventive measures is to cancel business trips.
Layoffs and reductions in working hours
This is one of the most sensitive aspects when there is no contagion or quarantine within the company — in which case we have already seen that the affected workers will be on social security leave and not company leave.
Is it legal to reduce the coronavirus model? Some companies are considering adopting an ERTE (Temporary Employment Regulation File) to suspend workers’ contracts for a limited period. According to the provisions of the Workers’ Statute, an emergency health situation such as the current one would justify the approval of an ERTE.
The Secretary of State for Employment is studying the possibility that unemployment benefits paid to employees affected by the ERTE due to the coronavirus will not be counted for future unemployment claims. This is, for now, a proposal that will only be adopted in the event of a substantial deterioration of the situation.
A somewhat less restrictive measure than the previous one is the reduction of working hours. In this case, the company can shorten its employees’ working hours so that they spend less time exposed to potential risk factors.
Examples of emergency plans against the coronavirus in companies
Some companies have anticipated a possible tightening of the health alert for the coronavirus in Spain and have already adopted emergency plans to mitigate the effects of this outbreak on their operational results and help curb its spread.
BBVA
The second Spanish bank in asset management was one of the first to take shock measures due to the coronavirus crisis. Given that it is an entity with a strong international presence, it has long prohibited its workforce from moving from countries and regions such as China, Japan, Iran, South Korea, and Singapore.
In the case of Italy, travel to quarantine areas (mainly in the north) is currently prohibited. Additionally, employees have also been advised to avoid flying.
Orange
The French telecommunications company has also joined the cancellations of business trips, as well as any participation in congresses, fairs, or international forums, wherever they may take place.
In the case of workers who have remained in one of the affected areas before the approval of these restrictions, they must undergo a quarantine period according to the criteria of health authorities. It has also been offered to employees to telework who wish to voluntarily undergo quarantine.
Renault
Renault has one of the largest emergency plans in the automotive sector. An action protocol has been adopted which, although not yet public, establishes many restrictions on access to facilities, as well as a long series of precautions that all employees must observe. Of course, any movement to risk areas is prohibited.
MediaMarkt
MediaMarkt has emphasized adopting basic hygiene measures. Frequent handwashing with soap and water has been implemented in its premises for weeks. A protocol has also been activated that reproduces any relevant communication from the WHO or the Ministry of Health so that it is immediately known to staff.
Bizneo HR
From March 10 to 12, Bizneo HR employees will begin to carry out part of their daily activities using the teleworking formula.
To ensure that this change does not affect work performance, the transition will take place gradually, with different waves of employees alternating their responsibilities in Bizneo offices with working from home.
Other common doubts about the pandemic
The data suggests that, although the number of infections remains relatively low compared to other infectious diseases, COVID-19 is far from having hit the ceiling. Therefore, it is useful to know the answers to common doubts:
Does the worker have to report their movements to the company?
Yes, especially when moving to an area with a potential risk of contagion, which may have been explicitly prohibited by the company.
Can a register of infected employees be created?
In principle, the company cannot establish a “blacklist” of workers who have suffered from the disease or who have been quarantined because it would be understood that the principle of non-discrimination in employment is violated.
You also cannot make public lists on this matter, according to the provisions of the general data protection regulation. Obviously, the company can track the evolution of the number of cases for employment planning purposes.
Can the company request a medical report from the worker?
There are decisions prohibiting the obligation of workers to provide companies with a report on their medical history unless there are exceptional circumstances.
It is therefore unclear whether companies established in areas where the health alert is high can require their employees to update their health reports.
For now, the basic action protocol indicates that companies can “recommend” their workers to see a doctor.
Is the company obliged to maintain employment levels before the coronavirus crisis?
No, as indicated in the ERTE section, companies could proceed with layoffs due to disaster or force majeure. The appropriateness of these actions is determined by the level of risk at the time of their adoption.
Quarantine and isolation doubts
Can the company force a worker to move to a risk area?
No, Spanish legislation approves the refusal of workers to carry out all or part of their activity in potentially dangerous environments. Furthermore,
Can the company isolate a worker?
Yes, as long as there are circumstances that prove that their presence in the company’s premises could pose a serious risk to other employees. It should be remembered that many infected with COVID-19 are asymptomatic until very advanced stages of the disease.
Is acceptance of teleworking mandatory?
According to Article 41 of the Workers’ Statute, an employee who has not received a diagnosis of illness can refuse to replace their usual activity in the company’s premises with teleworking.
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