From now on, we will stay home for even the slightest ailments: incredible fines for not following the rules

Agnietė Venckienė, a lawyer at the Sorainen law firm, says in a press release that cooperation between employers and employees is necessary to ensure safety. Employees must comply with the safety rules established by the employer, and the employer must inform about the obligation to return to work and create conditions for safe activities. It is true that a general instruction to comply with legal requirements is insufficient: the instructions must be as precise as possible and employers are recommended to formalize the relevant decisions in writing and to familiarize them with them.

Violations of safety requirements in the company, depending on their nature and consequences, can even generate criminal liability, both for the employer and for the employees, and in some cases the State Labor Inspection (VDI) can suspend activities of the company.

“If the employer fails to comply with safety rules during an emergency or quarantine, depending on the nature of the violation, they will face a fine of up to 6,000 euros, and a VDI official may temporarily suspend the company’s operations. If they are detected Violations of the rules to combat epidemics or communicable diseases and, as a result, the disease spreads, the employee or employer may be subject to criminal liability: up to three years in prison are threatened, “says A. Venckienė.

If an employee or other person, such as a visitor to a company, suffers damage as a result of non-compliance with safety requirements, you can seek compensation from a labor dispute commission or a court. It is true that if a specific company employee is responsible for the violations that caused the damage, the employer can then claim compensation for the losses incurred by the employer.

Real opportunities to return to work are limited

In the early stages of quarantine mitigation, the companies that resumed their activities took various security solutions: they installed transparent walls, they dealt with disinfection, they prepared preventive plans in accordance with the requirements of the Ministry of Health. Taking into account the nature of its economic activity, Raimedas Burba, director of the UAB Tuvlita consulting service, which advises companies on security issues, must follow their example and start operating now.

“Security services must be taken with the utmost care by the service company: cafes, restaurants, beauty salons and similar companies. In this activity, it is difficult to avoid close contact with customers, therefore, employees must have Access to memories, their shifts change without contact and a specific activity algorithm is needed. If it is possible to work remotely, companies are advised not to rush employees to the office, and it is necessary to guarantee a distance from minus two meters between workplaces ”, says the specialist.

In the second stage, employers must organize safety training for workers, allow the use and prevention of safety measures, as well as carry out a risk assessment of the suitability of the chosen measures, and the results are planned. for other stages of application of the measures. In addition, in the case of a suspected or confirmed case of COVID-19 in the workplace, the SLI shall submit reports on the risk assessment, the plans developed and the actions taken.

Mr. Burba emphasizes that this is the first time that a biological crisis has been encountered, so it is not possible to rely on past history and practices: “According to the profile of the job, the number of contacts with others, the employer must assess risk or risk to workers. This means, for example, not only providing formal protection measures, but also training on how to use them correctly. Although we are currently preparing such plans for more than 500 companies, we note that opportunities in Lithuania to prepare for return to work are limited, and the question of how prepared teams of virologists or epidemiologists are involved in these business processes remains open. It is obvious that occupational safety specialists must acquire new skills. “

You can’t You must stay home

A. Venckienė also cautions about the importance of precedent: According to her, the COVID-19 outbreak will teach her to behave more responsibly and not to ignore mild symptoms.

“I think the trend of working remotely at least part of the time will continue.” In addition, it should increase awareness of other seasonal infections and intolerance of sick workers who go to work. When a sick employee is seen, they should be forced to contact a health professional and ask them to leave the company premises; This should not be a formality, but a real practice of the company. On the other hand, if the work environment is dangerous to health, the employee also has the right to refuse to return to work, “she says.

According to the lawyer, employees who do not comply with the safety regulations may be subject to various disciplinary measures, including dismissal. Therefore, if a sick employee ignores the safety rules set by the employer, shows up on the job, and fails to inform the employer of symptoms that threaten others, the employer may claim compensation for damage suffered by the company as a result. of such employee actions. In some cases, if the employee’s fault has spread, he or she may also face criminal liability. In this context, less affluent workers should remain at home and obtain certificates of temporary incapacity to work or, if possible, work remotely.

Mutual honesty is important

Experts point out that mutual honesty is important in this situation, so the employee should not fear losing his job due to illness, and the employer should expect cooperation.

“When an illness is detected, the eyes of all institutions and the media turn to the company, therefore the employer fears not only financial loss, but also damage to reputation.” On the other hand, if an employee is afraid of losing income and is unsure about the future, he can silence his illnesses or, on the contrary, simulate illnesses to receive sickness benefit for as long as possible, “emphasizes R. Burba.

Attorney A. Venckienė recalls that illness and the resulting period of incapacity for work cannot be a reason to end the employment relationship. Therefore, workers should not fear suffering the negative consequences of the disease. It is true that the Labor Code does not stipulate how and when an employee must notify the employer, so employers must clearly inform their employees about the current norms and expectations in the company in case of illness.