The corona virus - the role of employer
Several of our clients are employers and have asked us many different questions related to their role as an employer. Questions about infection prevention measures, working hours and layoffs are something everyone is particularly concerned about. Therefore, these three areas are selected as today’s topic.
Infection prevention measures
As an employer, in connection with the coronavirus, there are several employment law issues you may want to think through, for example, what requirements are set for the working environment in the event of an infection? Do the employees have to follow the infection prevention measures implemented by the employer? Can employees be required to work beyond regular working hours? What rules apply to layoffs and termination?
The Working Environment Act sets requirements for a proper working environment. The employer is obliged to ensure that the physical and mental health of the employees is taken care of. In connection with the coronavirus, companies should therefore carry out a risk assessment of infection risk at the workplace and take infection prevention measures. Employers should also keep up to date on health authorities' recommendations.
By virtue of the right of management, the employer may order the employees to follow measures that are reasonably justified and proportionate. For example, the employer may introduce stricter procedures for cough and hand hygiene. For employees who, in their position, are at risk of meeting people who are infected, the requirement for a proper working environment requires that the employer must provide appropriate protective equipment. This may be the case, for example, for watchmen and shop employees.
In many companies, orders for home offices and restrictions on travel will be a reasoned and effective measure to reduce the risk of infection. These measures are also in line with the authority's recommendations.
Working hours
More employers these days may need employees to work beyond normal working hours. This could be due, for example, to increased demand, sickness among employees or other reasons.
The Working Environment Act requires that working time arrangements are such that the employee is not exposed to undue physical or mental strain and so that it is possible to take care of safety considerations. Provided that this requirement is met, the law allows the parties to agree on different working time arrangements by local agreement.
Trade unions with a right of recommendation may also enter into other collective working arrangements by means of collective agreements than those provided for in Chapter 10 of the Act. Trade unions with a right of recommendation may also enter into other working time arrangements than those provided for in Chapter 10 of the Act by collective agreement.
The basic principle of the law is that the ordinary working hours must not exceed nine hours in 24 hours or 40 hours in seven days. However, the employer and employee can agree that the limit for daily working hours be increased from nine to 10 hours, and by local agreement between the company and union representatives, the limit for daily working hours can be increased to 12.5 hours. Agreements on different working time arrangements must be made in writing.
The employer may also require an employee to work 10 hours overtime per week, 25 hours per four consecutive weeks and 200 hours per 52 weeks. By local agreement with the employee representative, more overtime can be worked, but this can only be imposed on employees who in each case have expressed their willingness to do so. In special cases, the Labor Inspectorate may, upon application, allow additional overtime work.
Temporary layoff and termination
Some companies experience a temporary loss in earnings due to fewer customers and / or failure to deliver due to the corona virus. In such a situation, the employer has the opportunity to reduce its labor costs by temporary laying off employees.
In order to help employers who are struggling financially, the Government and Stortinget (Parliament) have agreed, among other things, to cut the employer period by temporary layoff to two days. The remaining 18 days will be covered by the state. The rule changes mean that the costs of layoffs are reduced for the employer, without the employee suffering losses. You can read more about temporary layoffs here.
In the event that the financial situation does not improve, the employer will have to consider termination. Termination as a result of the business having financial problems may, after a specific assessment, satisfy the requirements of the Working Environment Act on substantiated grounds.
Please feel free to contact us if your business needs customization due to the outbreak of the coronavirus.
