LEGAL QUESTIONS ON COVID-19 & EMPLOYEE RIGHTS

DIGITAL MEDIA MARKETING

MB Enterprises

The pandemic COVID-19, has devastated & dented the economies of many countries and has been a cause of huge business losses. There are some legal questions that arise in the minds of employee regards to their legal rights w.r.t. the COVID-19. It is a pandemic that still persists despite the lockdown getting over since last few months. A main reason for this are the impacts that COVID-19 had on the whole world and the way the world has reacted to this pandemic is exemplary. There has been a wide history associated with pandemics and epidemics that also includes HIV i.e. AIDS, E-bola, and now Coronavirus that is medically known as COVID-19. way it has touched lives of many people. This is mentally, socially and economically, as the lockdown and social distancing are the key reasons behind mental and social effects on people. Furthermore, the economic reasons have been due to business losses, manpower losses, and other financial and stock market reasons. Although, we are aware of the reasons but still there is less that can be done due to the magnitude of people who died all over the world including, USA, Brazil, United Kingdom and India being the top nations in terms of deaths. Thus, deadly might be the right word for such a case scenario which is highly monitored by WHO i.e. World Health Organization. COVID-19 lock-down, is an issue that holds deep priorities in terms of the amount of losses. It is also as employee are confused mentally, whether they should be working or not, while the pandemic still persists and how they can tackle the situation if they are found positive COVID-19?

1. CAN ANY EMPLOYEE REFUSE RETURN TO WORK?

A question that might have been asked by many people in the corporate world especially after returning to work. The employee has a reasonable right to refuse work if they have a reasonable ground that working for them is dangerous currently.

This is according to Lorenzo Lisi, The partner and head of the Workplace Law Group at Aird & Berlis. The

refusal to return to work, or get back to work after returning is a mandatory right, in light of health & Safety issues. In Canada, especially where Health & Safety preferences are not only practiced, but strictly monitored. The first and most prior response should be the addressing of all the safety precautions associated with the employee. According to Lisi, it’s the utmost responsibility of the employer to make sure that the employee stays safe at workplace and according to workplace regulations. The Health & Safety Act is a key determinant factor of the employee health & Safety.

2. CAN EMPLOYERS SCREEN THEIR STAFF FOR COVID-19?

Another key question that relates to COVID-19, and its outcomes in the corporate world. An employer can definitely screen their employees apart from giving tips of how to work safely during the pandemic. This is especially Post COVID-19 lockdown, as the screening process should take place quiet often to make sure things stay safe according to Health & Safety workplace guidelines.

However, in most cases, it should be the responsibility of the employee to make sure that they inform the HR regards to COVID-19 symptoms that they are facing. These includes fever, headaches, sneezing and coughs and are regarded as COVID-19 symptoms according to WHO, i.e. World Health Organization. WHO is a global body that relates to the monitoring and control of health activities in the world? These activities also include the monitoring of health related issues like epidemic and pandemic e.g. COVID-19, Aids, E-bola, SARS, Polio and malaria etc.

It is the responsibility of the employers to consider the employee privacy laws as well take the advice of the designated legal consul. Legal makes things easy to govern and monitor in lights of laws and regulations.

3. WHAT’S THE BEST WAY TO INFORM ‘HR’ IF EMPLOYEES CONTRACT COVID-19?

The first answer is ‘Yes’, the employee needs to inform the HRD i.e. Human Resource dept. regards to the contraction of COVID-19. The best way to inform HR is via written official E-mail or orally on phone, and enquire regards to the next step. The next step that the Human Resource dept. will recommend is to get a test result from a Hospital or health center. If the result is positive, the HR would recommend that official guidelines from the Canadian Govt. must be followed. These guidelines clearly states that employees remain away from work for at least two weeks till the time they are tested negative. The most important guidelines in such a case scenario is for both the employer and the employees to follow the advice of the Public Health Officials.