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Quarantine ordered to the Employee

Quarantine ordered to the Employee

Dated: 16.11.2020

Employee: Pursuant to section 144 (2) of the Labour Code, the employee shall be obliged to provide the employer with evidence of the existence and duration of the impediment to work. The competent institution shall provide the employee with a written confirmation of the existence and duration of the impediment to work, and the employee is obliged to notify the employer without undue delay. 

An employer shall justify employee’s absence from work even during employee’s inability to work because of an important personal obstacle that is a quarantine or an isolation; for this time, the employee is not entitled to wage compensation unless special legal regulation stipulates otherwise. An employee who has an important personal obstacle at work due to a quarantine, an isolation, or is personally and full-time taking care of a sick family member according to a special regulation or is personally and full-time taking care for a natural person, is considered as if he was temporarily on a sick leave. 

An employee who returns to work after an isolation, after personally and full-time taking care of a sick family member in accordance with a special regulation or personal and full-time care for a natural person is considered as an employee who returned to work after being temporarily on a sick leave. 

Employer: If the employee is fully or partially unable to work due to suspension or restriction of operation of the employer on the basis of a decision of a competent authority or because of suspension or restriction of operation of the employer due to declared emergency situation, extraordinary situation or a state of emergency, it is to be considered as an obstacle to work on the part of the employer and the employee is entitled to wage compensation representing 80 % of the employees average wage but at least in the sum of a minimum wage.

If the employer, after an agreement with employee representatives, stipulates severe operational reasons for which the employer is unable to assign work to the employee, it is to be considered as an obstacle to work on the part of the employer for which is the employee entitled to a wage compensation in the sum stipulated by the agreement but at least in the sum representing 60 % of the employees average wage. The agreement in accordance with the first sentence cannot be substituted with a decision of the employer.

Author:

Mgr. Pavel Legát, advokát