Employee

Employee

Last update: 16/04/2021

Home working is a compulsary option wherever possible.

If it is not possible to resume work, then the strengthened provisions for total temporary layoff remain in place.

Yes. You must go to work.

It is up to the employer to decide whether or not to introduce home working.

Employers may refuse but will need to justify their decision.

Employees who usually receive a gross base salary of less than or equal to EUR 2,075.16, for 169 hours per month, will not lose any of their income. They will receive their usual net salary, since this is less than EUR 1,800.00.

Employees who usually receive a gross base salary of between EUR 2,075.17 and EUR 2,571.43, for 169 hours per month, will be entitled to the safeguard clause at a rate of EUR 1,800.00.

If your employer wishes to pay the extra 20% so that you continue to receive your full salary, the State will exempt the employer from social security contributions on this additional portion.

In the case of higher salaries, a cap has been set at 4.5 times the minimum wage.

Your employer cannot force employees to take leave without giving prior notice.

Act No. 619 enacting the system for annual paid leave, stipulates that the notice period must be a minimum of one month. This can be reduced to 15 days by special agreement.

If you need to travel to France for work reasons, you must print out and fill in a proof of need to travel for work, which can be downloaded here if you have to travel during the curfew in place in France.

 

More information by clicking on the following link: www.gouvernement.fr/info-coronavirus

 

Yes, if you’re coming from Italy or France, you need a work-related travel exemption declaration, which your employer should provide.

This certificate is available for download here

 

In this case, it will only be possible for high-risk contacts to benefit from a certificate of absence from work from the OMT, until the results of their PCR test are available.

Low-risk contacts can return to work while respecting the enhanced barrier measures among those around them.

Definition of high-risk contact (if no mask is worn):

  • Sharing the living space of a symptomatic or asymptomatic COVID case (for example  family, same bedroom)
  • Face-to-face discussion at less than 1 m, regardless of duration
  • Contact at less than 1m50 for more than 15 min
    (These two situations often occur when a meal is taken together, during a coffee break or cigarette break or when taking part in sport in close proximity)
  • Meeting in an enclosed space for more than 15 min. at a distance of less than 1m50

 

Definition of low risk contact:

  • Pupils or teachers in the same class
  • Immediate neighbour in the office at a distance of less than 1.50 m who is wearing a mask
  • Situations in which barrier measures are frequently not observed:  for example, being present in or having close contact in a changing room/cloakroom or refectory at the same time as a positive case.

 

Definition of enhanced barrier measures:

  • Wearing a mask at all times
  • Strict hand hygiene
  • Not sharing work tools (such as computers, telephones, tools, personal protective equipment, etc.)
  • No breaks or meals to be taken together

An employer cannot ask to receive the results of the PCR tests of his or her employees. The employer can contact the office of occupational medicine (OMT) to obtain confirmation of the possible response of the work of its employees following the epidemiological investigation carried out.

 

When a case of COVID-19 is confirmed (positive PCR test) or highly likely within a business, (i.e. presenting symptoms suggestive of loss of taste and smell), the employer must follow the following procedure :

  • If the employee is present in the workplace, the employer should ask him/her to return home immediately and must comply with increased barrier measures with regard to the people in his/her immediate environment
  • The employer must inform the Office of Occupational Medicine promptly by telephone on 97.98.46.46 (on weekdays) and/or by email at info-covid19@omt.mc giving the contact details of the person who has tested positive
  • The occupational physician will send the employer the required protocol for drawing up a list of contact persons at the employer's premises: the employer must inform the occupational physician promptly of the contact details of the persons who are potentially affected
  • The employer must ask the persons he identifies as high-risk contacts to return home and to comply with the increased barrier measures with regard to people in their immediate environment
  • The occupational physician will carry out an epidemiological investigation in association with the employer and, where appropriate, in conjunction with the Department of Health Affairs public health inspector, as concerns civil service departments, or the school doctor, for schools in the Principality
  • The occupational physician will prescribe PCR tests for the persons identified as contact cases and will send them the prescription by email with the appropriate health instructions. He or she can also issue a certificate of cessation of work to high-risk contact persons, if teleworking is not possible. The PCR test is carried out 5 to 7 days after the last contact with the employee who tested positive. The result is given to the prescribing occupational physician
  • The Department of Health Affairs organises the PCR tests
  • High-risk contact persons should remain at home while awaiting the result of their PCR test; low-risk persons can go to work with increased barrier measure
  • The National Screening Center, the occupational physician or the epidemiological investigation unit will inform the persons tested of the results of their PCRs:
    - If the PCR test is positive, the next step is taken by the general practitioner (cessation of work, treatment, etc.)
    - If the PCR test is negative, work can be resumed, with increased barrier measures for up to 14 days after the last contact with the person who tested positive

An employer may not ask to be informed of the test result, which is a matter of medical confidentiality, in order to accept the employee's return to work.  Nor is it permitted to have tests carried out to determine whether employees are COVID-19 positive (advice from the CCIN, May 2020).

Your employer cannot oblige you to have a test.

If you are asymptomatic or a non-contact case and wish to be tested, you must make an appointment with a private laboratory for a PCR test.

Inform your employer quickly of your positive test results, so he or she can contact the Office of Occupational Medicine (OMT) as soon as possible  in order to launch an epidemiological investigation of contact cases in the work environment.

Yes and from the first day of sick leave.

Concretely, when an employee or civil servant of the Principality is prescribed a work stoppage providing for eviction pending the completion of a PCR screening test, he will receive daily allowances paid as appropriate by the CCSS or the SPME from the first day of shutdown.

These allowances guarantee the employee 50% of his remuneration. Depending on the provisions applicable in each company, a wage maintenance measure may be provided for by the employer.

The suspension of the waiting period makes it possible to support employees and civil servants in complying with the isolation measures that the loss of income suffered during this period could discourage.

The Ministerial Decision of April 2, 2021 provides that when a child's class is closed, the employer must facilitate the movement of employee leave to school closing periods when leave had already been scheduled for later dates.

If no leave can be moved, the employee must discuss with the employer the possibility of working remotely. The refusal to implement remote work must be justified by the employer.

If no accommodation is possible, the insured may benefit from a work stoppage compensated by the Social Services Compensation Fund, provided that the other parent:

  • Either in a situation of effective professional activity
  • Not placed in CTTR
  • does not work from home
  • does not benefit from a childcare assistance scheme

If he meets these conditions, the employee will benefit from the first day of cessation of payment of daily allowances.

If the employer does not support salary maintenance, additional compensation bringing the maximum total compensation to 80% of the capped gross daily salary may be paid, if applicable.

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