Tobias Törnig works in the düsseldorf office of the law firm FPS. He assesses the possible consequences of a Corona-epidemic work a legal point of view.

I Must inform you, as an employer, my employees mandatory that a Coronavirus case has occurred in the company?

employment law expert Tobias Törnig works imDüsseldorfer office of the law firm FPS.

law firm FPS legal expert Tobias Törning

Yes, if the employees acute infection threatens, for example, because they work together with an individual, spatially closely - so at the same location, on the same Team, and so on. Because from the employment relationship, the duty of the employer to protect his employees against health hazards is the result - the "duty of care".

data protection in the case of a Corona-contagion in the company?

How far the duty of information of a company? And when the privacy attacks in such cases?

The employer must, and may only inform about what is absolutely necessary, in order to protect the rest of the staff. The name of the Diseased, the employer will not need to call for that, at least in a larger company in General. However, the person Concerned is likely to be quickly known within the company, as he must frequently be given, for reasons of public health protection, for example, for a quarantine of the Sick, or the contact persons of the competent authorities within the company known.

the Extent to which companies are allowed to force their employees to take due to the Coronavirus epidemic of unpaid leave or to reduce their working hours?

The employer has to arrange, regardless of the danger due to the corona virus do not have the right, unilaterally, unpaid leave or reduction of working hours without wage compensation. However, the employer may arrange the Overtime to break it. Just as the employer could even arrange Overtime, because of the disease, other employees, otherwise it could not be done for urgent work. Conceivable work would also be Short, because, for example, supply chains because of increased Sick days to a Halt.

May I commit as an employer, my employees for a limited period of time to the Home Office? to provide

Where the employee his work performance, the employer decides, in the context of his instruction to law and within the framework of the contractually agreed . The Home can be Office. However, the working out of the Home must be in Office at all possible, what is regularly is the only office working the case. The domestic work must also be from the employer according to set up (PC, phone, Internet, and so on). The arrangement of the Home-Office comes as a result that only companies in which working from home is already common practice.

Closes the head of the company, get Employees to pay

The company will be closed due to Corona as a precaution. I get more content?

Decides the employer to close the operation alone, for precautionary reasons, so without that, for example, by an appropriate official order to do so, the employer must pay its employees still owed wages.

The transport operation. Do I have to expect as an employee, because of Late arrival with sanctions?

in Principle, the employee bears the "directional risk", i.e. the danger to be able to without fault of their own, the job does not reach, and will face appropriate sanctions (in particular, wage reductions). Whether further measures (for example, written warning, dismissal, etc.) are possible, in the event of a complete Defeat of the public life, but doubtful.

I Can avoid due to the Coronavirus' my workplace?

May I remain as an employee for self-protection against the Virus of my work?

If a reasoned and acute risk of Infection, you must stay away from. The risk, assess the actual risk of Infection is wrong, then but of the workers. The General fear, be in contact with people infected, does not justify to just stay at home. Something else is, of course, if I have to follow the orders of the authorities (for example, quarantine). The employee must inform the employer, but in any case, if he comes to work.

I Have, in the case of a quarantine measure more entitled to a reward?

When the quarantine is ordered by the authorities, the workers, first of all, not entitled to a wage. However, the infection protection law provides in such cases a claim for compensation in the first six weeks of the loss of earnings (net pay), but then only the sick pay. The loss of earnings of the employer, of the payments of the competent authority shall pay (similar to a disease) in the first six weeks. Then the worker must apply for the payment by the authority.

The nursery or school of my child remains out of custody before the Virus closed. Can I stay as a worker at home?

Also, this risk is borne by the employee, in principle, must take paid vacation or, for example, Overtime to reduce.

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Date Of Update: 28 February 2020, 15:00