Expect inspections of temporary unemployment and safety measures at work in relation to the coronavirus!

Flash
1 April 2020

Two weeks after the Government’s emergency coronavirus measures came into force, the National Employment Office has explicitly clarified that the enhanced and simplified regime of temporary unemployment for reasons of force majeure does not mean that inspection visits have been put on hold. The National Employment Office refers anyone who suspects or is aware of fraud being committed to its social fraud hotline.

Employers and employees do not merely have to comply with the regime’s (limited) formalities. They must also respect its limits. We highlight some (less discussed) points which require attention:

  • Employees can be put on temporary unemployment per working day. Obviously the employee concerned is not allowed to work for his/her employer on days of temporary unemployment. So there must be no telework, no work calls, etc. that day.
  • An employee who is incapacitated for work due to illness is not entitled to unemployment benefits, regardless of whether he/she became ill before or after the start of the period of temporary unemployment. In such cases, the employee is entitled to either guaranteed pay or a sickness allowance.
  • There is no entitlement to unemployment benefits if an employee works for another employer or on a self-employed basis during the days of temporary unemployment. Specific rules apply to certain specific regimes. For example: a pre-existing secondary profession can be continued without impacting the entitlement to unemployment benefits. Also, volunteering can be combined with an unemployment benefit provided that the volunteering allowance does not exceed the applicable maximum amounts. In both examples, the notification obligation and additional requirements are suspended during the coronavirus pandemic.

Inspections concerning well-being at work, in particular relating to social distancing at work, are also being continued. The inspectorate starts inspections with a telephone call. Breaches can, of course, be reported. Employers breaching the social distancing measures risk significant fines and, in the event of continued breaches, closure of their business. Employers must take the necessary prevention measures to safeguard the well-being and safety of their employees. The Federal Public Service for Employment has published a checklist. This checklist can serve as a starting point for preventive measures and can be further implemented in cooperation with the internal and/or external service for prevention and protection at work. Do not forget to inform and consult the committee for prevention and protection at work (probably by means of a virtual meeting).

 

The Eubelius Employment Team