Labor Relations in Times of Coronavirus Pandemic

The World Health Organization (WHO) declared, on March 11, a global Coronavirus pandemic. Prevention recommendations include frequent cleaning and hygiene of the workplace, regular promotion of hand cleaning and making handkerchiefs available in easily accessible places, in addition to the recommendation to avoid crowds and the suggestion of working in home office, as measures to combat the spread of the virus.

Quarantine and isolation

In the beginning of February, Law No. 13,979/2020 was enacted, providing for measures to deal with the public health emergency resulting from the Coronavirus. Isolation and quarantine are some of the measures that can be applied by the Government in case of worsening contamination of the population and proliferation of the virus.

In this case, it is important to highlight that the period of absence from work, resulting from governmental determination, will be considered a justified absence from public service or private labor activity (article 3, paragraph 3). Isolation and quarantine measures, however, can only be taken by local health authorities, accredited by the Ministry of Health, which, so far, has not yet occurred.

If the leave is not due to the Coronavirus, the general provisions for leave for health reasons apply. Thus, employees incapacitated for work or their usual activity for more than 15 days are entitled to sickness benefits. In the first 15 consecutive days of leave, the company must pay the employee his/her full salary. After the 16th day, payment is made by Social Security.

Home Office

One of the suggested measures to avoid the crowding of people and the spread of the virus is the work under home office, defined as the provision of services predominantly outside the employer’s premises, with the use of information and communication technologies that, by their nature, do not constitute external work.

In the event of an eventual emergency situation, such as that of COVID-19, the adoption of remote work is temporary and may be applied without some formal steps, as long as the limits established in the labor legislation and in the employment agreement are respected. Although the employee is working at home, the contractual place of provision of the service remains the company’s premises.

It is important to highlight that, during this period, the obligations of the employment contract, from side to side, remain in force, so that the provision of services must occur in compliance with the same standards, by both the employees and the companies.

Healthy environment

We reinforce, through this informative, that, among the company’s obligations, is to comply with and enforce safety and occupational medicine standards. In addition, the company must instruct employees on the precautions to be taken to avoid on-job accidents or occupational diseases (Article 157, items I and II, from Labor Code).

The employee, in turn, has the duty to observe the safety and occupational medicine rules and collaborate with the company in their application.

The moment is one of mutual collaboration.

In case of doubts about how to proceed, our Labor Team is available to clarify any questions.