Employers’ rights during COVID-19 State of Emergency

310 Views

Following the State of Emergency declared on 13th March and the Act on Measures and Actions in the State of Emergency incorporated on 23rd March that introduced important changes in the Labour Code, we would like to provide you with further details on the employers’ rights during that challenging time.

  • The Labour Code gives employers the option of introducing short-time working for workers in the whole business or part of the business for up to 3 months.
  • In the state of emergency employers can introduce short-time working for the whole entity or part of it, regardless if there is loss of business
  • Employers have the right to terminate some or all of their employees due to loss of business
  • Employers must apply fair selection criteria when identifying employees who need to be made redundant among those with equal or similar job functions
  • Employers have the right to order the suspension of the operations of the whole entity or part of it, as well as the work of all staff members or some of them
  • Employers have the right to change the work location and the work specifics of their employees.
  • Employees are entitled to receive their contractual remuneration if the closedown of the operation is not due to their fault
  • In the state of emergency employers have the right to require employees to take half of their paid annual leave allowance without their explicit consent.
  • Employers have no right to require employees to take unpaid leave in the case of closedown of operations
  • Employees are entitled to their contractual remuneration even in the state of emergency
  • Employers have the right to terminate employment when there is closedown of the operations for more than 15 days in a row.
  • In the case of closedown for more than 15 days employers are not required to apply fair selection criteria when identifying employees who need to be made redundant among those with equal or similar job functions
  • Employers have the right to unilaterally change the work specifics of their employees due to force majeure.
  • Employers cannot unilaterally require employees to work remotely – these arrangements should be mutually agreed in advance
  • In the state of emergency employers can unilaterally, require employees to work from home and/or remotely.
  • If a business continues it operations during the state of emergency, employers must ensure the work is organized in such a way that it complies with all requirements for social distancing
  • Employers can introduce flexible working time or change working pattern in order comply with social distancing requirements
  • Shift work can be introduced to comply with social distancing requirements.
  • Employers are required to notify employees in person. Employees acknowledge receipt with signature. There is the possibility of informing employees via email, phone or other means of communication.

The Labour Code gives employers the option of introducing short-time working for workers in the whole business or part of the business for up to 3 months.

 

In the state of emergency employers can introduce short-time working for the whole entity or part of it, regardless if there is loss of business

Employers have the right to terminate some or all of their employees due to loss of business

 

Employers must apply fair selection criteria when identifying employees who need to be made redundant among those with equal or similar job functions

Employers have the right to order the suspension of the operations of the whole entity or part of it, as well as the work of all staff members or some of them

Employers have the right to change the work location and the work specifics of their employees.

Employees are entitled to receive their contractual remuneration if the closedown of the operation is not due to their fault

In the state of emergency employers have the right to require employees to take half of their paid annual leave allowance without their explicit consent.

 

Employers have no right to require employees to take unpaid leave in the case of closedown of operations

 

Employees are entitled to their contractual remuneration even in the state of emergency

Employers have the right to terminate employment when there is closedown of the operations for more than 15 days in a row.

In the case of closedown for more than 15 days employers are not required to apply fair selection criteria when identifying employees who need to be made redundant among those with equal or similar job functions

Employers have the right to unilaterally change the work specifics of their employees due to force majeure.

Employers cannot unilaterally require employees to work remotely – these arrangements should be mutually agreed in advance

 

In the state of emergency employers can unilaterally, require employees to work from home and/or remotely.

If a business continues it operations during the state of emergency, employers must ensure the work is organized in such a way that it complies with all requirements for social distancing

Employers can introduce flexible working time or change working pattern in order comply with social distancing requirements

Shift work can be introduced to comply with social distancing requirements.

Employers are required to notify employees in person. Employees acknowledge receipt with signature. There is the possibility of informing employees via email, phone or other means of communication.

Publication author:

Dimitar Stefanov

Legal adviser

Request

If you need better accountant, auditor or business consultant, please send us a request.