Workers' rights in times of pandemic

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The phase we are going through, and which will continue to accompany us in the coming months, will be especially challenging for the Human Resources departments of organizations. Although new developments are made daily, there are already a number of changes to the legislation that must be taken into account.

The current moment is, without a doubt, exceptional. It feels like reality has been alienated and, suddenly, we have all entered a science fiction film, where every hour there are new things to assimilate, challenging our limits.

The new coronavirus has brought us into this realm of uncertainty, which has a huge impact on people and companies. In addition to the obvious consequences for the treasury, there are a huge number of changes to HR processes and a set of new variables that impact workers' rights, which must be taken into account in salary processing, complicating the calculations of those responsible for payroll .

As we know, in order to respond to emerging social protection needs, a set of kenya whatsapp number database legislative measures have been published in recent days, including those provided for in DL No. 10-A/2020 , published on the 13th.

These measures will have a significant impact on the area of ​​Human Resources management , forcing organizations to quickly adapt to this reality, which now includes new calculation variables in salary processing and reporting obligations, in order to guarantee workers' rights.
Workers' rights: new circumstances impacting wage processing
1. Remuneration of workers in prophylactic isolation
A worker who is required to undergo prophylactic isolation for a period of 14 days, certified by a health authority, benefits from a situation equivalent to illness – a subsidy corresponding to 100% of their reference remuneration.
2. Remuneration of workers who accompany the prophylactic isolation of a dependent child or dependent
Absences from work caused by the need for the employee to accompany the prophylactic isolation of a child or other dependent under his/her care, regardless of age, are considered justified absences . In the case of a child or grandchild under 12 years of age or with a disability or chronic illness, regardless of age, a daily allowance corresponding to 65% of his/her reference remuneration is granted.
3. Remuneration of workers in situations of illness caused by COVID-19
In this case, the amount of sickness benefit granted to the worker suffering from a disease caused by COVID-19 is made under the general terms of sickness benefit, calculated by applying the following percentages:

a) in the first 30 days - 55%
b) between the 31st and 90th - 60%
c) between the 91st and 365th days - 70%
d) beyond the 365th day - 75%
4. Exceptional support for absences from work due to the closure of educational establishments
The legislation considers several rules in this regard, namely:

A) Absences motivated by unavoidable assistance to a child or other dependent under the age of 12 or, regardless of age, with a disability or chronic illness , resulting from the suspension of in-person teaching and non-teaching activities in a school or social facility supporting early childhood or disability, determined by the health authorities or the Government between 16/03 and 09/04 of 2020 (subject to reassessment and may be extended), are considered justified absences, without loss of rights, except with regard to pay, excluding the periods already scheduled for school holidays (from 30/03 to 13/04, inclusive).

B) The worker in this situation is entitled to exceptional support of 2/3 of his/her base salary with a minimum limit of €635 (1 Guaranteed Minimum Monthly Salary (RMMG)) and a maximum limit of €1,905 (3RMMG).

C) This support is automatically granted after a request from the employer, and does not apply when there are alternative ways of carrying out the activity, for example, via teleworking.

D) Only one of the parents can receive this support, and the beneficiary must certify in the terms of the social security form (Form GF 88 – DGSS) that the other parent has not requested nor receives this same exceptional financial support.

E) It is the employer who is responsible for paying the employee all of this support , with Social Security transferring 1/3 of its responsibility to the employer.
Note: When the employer is a public entity, with the exception of the state business sector, this support is provided in full by the employer.

F) As regards Social Security discounts on this support, the employee is required to pay contributions at the normal rate and the employer's contribution is reduced by 50% . If the rate due by the employer is that of the general regime - 23.75% - the rate of 11.875% applies .

G) The amount of the exceptional support must be subject to a separate remuneration declaration for Social Security.

H) Absences in this context are not considered towards the 30-day annual limit provided for in the CT.

5. Support provided in the case of simplified Layoff
Executive Order No. 71-A/2020, of March 15 , defined and regulated the rights of workers affected by the COVID-19 virus, with a view to maintaining jobs and mitigating business crisis situations, creating the Simplified Layoff regime .

This scheme involves financial support in which 30% of the salary compensation will be paid by the employer and 70% by Social Security. In addition, there is the right to total exemption from payment of Social Security contributions (the part due by employers) for workers covered by this scheme and members of statutory bodies (MOEs), while this support is in force.

Obligations of those working remotely

In situations where the functions performed can be performed remotely, the decision to opt for this work model can be taken unilaterally, either by the employer or by the employee, without the need for agreement between the parties.

In the case of teleworking, no changes are foreseen to the employee's remuneration , however the obligations to respect the rules for the use and operation of the work instruments provided remain. As for working hours, the employer has the right to visit the employee's home between 9:00 am and 7:00 pm to, if necessary, monitor the work activity.