Coronavirus: employees returning to the company?

As a result of the gradual resumption of economic activity, many non-essential companies will welcome employees back to their premises. What are the rights and obligations of each party in this context?

Rule 

As a reminder, teleworking has been recommended in non-essential companies since 4 May 2020. If teleworking is not applied, appropriate precautionary measures must be taken to ensure maximum compliance with the rules of social distancing.

In practice

For the employer

The employer must allow employees whose position is suited to teleworking to (continue to) carry out telework.

If the employer wishes to reduce (preferably gradually) the frequency of telework, he will ensure that the request he would make to the employee to that effect is justified by objective, legitimate and reasonable reasons. It may, for example, be for reasons relating to the organisation of work or the operational requirements of the company.

In order to ensure that the employee can return to the company under optimum health and safety conditions, the employer must also take the appropriate precautionary measures and inform the employee on this subject.

For the employee

When the employer asks the employee (who is fit to work) to return to work on the company’s premises, the employee could, in our opinion, hardly refuse if:

• on the one hand, that request is justified;
• and, on the other hand, appropriate precautionary measures have been taken (e.g. adjustment of work schedules to avoid, in particular, the use of public transport by employees during peak hours).

Otherwise, the employee's refusal would be legitimate.

Remark - The codex on well-being at work also gives the employee a 'right to work interruption' in the event of an unavoidable serious and immediate danger (= leaving the workplace under certain conditions) (Art. I.2-26).

Consultation between the parties

In the event of a justified refusal by the employee to resume work in the company, the parties are strongly advised to consult each other to find a solution by mutual agreement.

In this context and where appropriate, employee representatives and the services for prevention and protection at work will be called upon.