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Baker McKenzie’s EMEA Employment and Compensation Team is pleased to provide you with this quick guide for employers, dealing with 11 of the most pressing issues employers are currently faced in light of the Coronavirus outbreak across 19 European jurisdictions. In the words of our French colleagues: “Pas de Panique” – don’t panic.

Use this guide to stay informed, but note that as this situation evolves, so too will the guidance and laws affecting employers in each jurisdiction. The information in this document is presented as at 10 March 2020; the high-level guidance in this document is not intended to be comprehensive legal advice.

Topics covered:

  • Are employees obliged to disclose themselves as a “risk-factor” to the employer?
  • Can the employer demand employees to disclose themselves as being a “risk-factor”?
  • Can the employer issue an instruction (or a policy) requiring employees to report co-workers with flusymptoms (i.e., fever, cough, difficulty breathing, pain in the muscles, tiredness) to the employer?
  • Can employees refuse to come to work?
  • Can employees refuse to attend meetings or to travel?
  • Can the employer send employees on suspension from work?
  • When is the employer forced to shut down its operations?
  • Does the employer have the obligation to report infections occurring in the business to thehealth authorities?
  • Can the employer require an employee to see a doctor?
  • If employees are sent on suspension from work, or refuse to come to work or if an operation is beingshut down, do the employees still need to be paid?
  • If kindergartens and schools are being closed and employees need to stay home and cannot work, does the employer need to pay them and – if so – for how long?

You can also visit Baker McKenzie’s Coronavirus Resource Center to access a wealth of reference materials around this topic.

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Author

Philipp Maier joined Baker McKenzie Diwok Hermann Petsche Rechtsanwälte LLP & Co KG in 2009 as associate of the employment law practice group. Prior to that Philipp worked for several years in the employment law department of Freshfields Bruckhaus Deringer and in the litigation department of Wolf Theiss Rechtsanwälte. He also completed an internship at Aichelin Heat Treatment Systems (Detroit, USA).

Author

Sebastian Burg is a partner in Baker McKenzie’s Employment Practice Group in Brussels. He joined the Firm in 2001 and advises domestic and multinational corporations on all areas of Belgian and EU individual and collective employment law. Mr. Burg regularly speaks in seminars and workshops on different topics related to his practice.

Author

Piotr Rawski is the managing partner of BakerMcKenzie's Warsaw office and the head of the Employment practice. He is also a member of the Firm’s European Employment Steering Committee in Warsaw. Highly experienced in general employment law, Mr. Rawski is often invited to a wide range of international conferences, where he is a guest speaker on topics related to his field.

Author

Mirjam de Blécourt has been repeatedly recognized by top legal directories as one of the leading labor and employment lawyers in Europe and the Netherlands. She leads Baker McKenzie’s Amsterdam Employment and Pensions Law practice group and is member of the Firm's European Employment Group Steering Committee. Furthermore Mirjam is a former board member of Baker McKenzie's Amsterdam office. Mirjam has always been very active in the diversity and inclusion sphere, both outside and inside Baker McKenzie. She currently serves as chair of the supervisory board for Rutgers (international centre of expertise on (women’s) health and rights). Additionally she serves as senator of VVD (People's Party for Freedom and Democracy) in the Dutch Senate. Mirjam joined Baker McKenzie in 1990 and has been a partner since 1999.

Author

Franco-Irish, Nadège Dallais joined Baker McKenzie's Employment Practice Group in 2001 and was appointed counsel in 2015. She completed an associate training program in the Firm's Palo Alto office in 2012. Ms. Dallais is a member of the Paris Green Committee and is responsible for pro bono initiatives in the Paris office.

Author

David Díaz is a partner in Baker McKenzie’s Labor & Employment Practice Group in Madrid since 2004 and has significant experience litigating in labor courts and negotiations with unions. He is recognized in the field of employment law by Chambers Europe and Legal 500. In addition to his practice, Mr. Díaz regularly collaborates with economic newspapers, has co-authored several leading reference books on employment and is a regular speaker in industrial relations courses. Mr. Díaz has oversight responsibility for the Spanish Office’s Pro Bono Program, and regularly performs pro bono work for the Central America Tourism Agency.

Author

Antonio Luigi Vicoli is counsel in the Employment & Compensation Practice Group of Baker McKenzie Italian offices. He is a multilingual lawyer with English proficiency. Antonio is professionally qualified under the laws of Italy and admitted to practice in Italy, enrolled with the Lawyers’ Bar of Milan.

Author

Monica Kurnatowska is a partner in the Firm's London office. She focuses on employment law and has been recognised by Chambers UK as a leading lawyer in her field. Monica is a regular speaker at internal and external seminars and workshops, and has written for a number of external publications on bonus issues, atypical workers, TUPE and outsourcing.