The outbreak of COVID-19 emergency in the Netherlands and subsequent measures taken by the Dutch Government and public authorities raise several challenging issues for employers. This insight includes questions and answers on how to handle the emergency from the employment law perspective.
| Q: What kind of measures, relevant for you as an employer, does the Dutch government have in place? |
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A: On Sunday 15 March 2020, The Dutch government have put new
measures in place to limit the spread of COVID.
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| Q: What obligations do you have as an employer with regard to the COVID-19 outbreak? |
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A: As an employer, you have the
obligation to provide and ensure a safe and healthy workspace.
Measures to be taken to provide a safe and healthy workspace could
include the following:
|
| Q: Can you adjust the employment terms in the event of operational difficulties? |
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A: You could consider:
Employers must meet the following conditions:
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| Q: What do you have to do if one of your employees is diagnosed with COVID-19? |
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| A: In the event that an employee is
diagnosed with COVID-19, the Municipal Health Service (GGD) will
start a contact investigation and a protocol will enter into force,
with certain measures to be taken by the company. The
GGD/government will advise on measures to be taken. Closing the
workspace could be one of those measures. If an employee has visited an affected area and/or suffers from symptoms, the general advice is to:
|
| Q: Are you allowed keep a register of COVID-19 infected employees? |
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| A: No. Keeping a register of COVID-19 infected employees regards the processing of health data. Employers cannot rely on an exemption to the prohibition to process this special category of information. |
| Q: Are you allowed to communicate to the workforce if an employee is diagnosed with COVID-19? |
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| A: This depends on the circumstances of the case. You may communicate the fact that an employee is diagnosed with COVID-19. However, you may not communicate who the diagnosed employee is; so one should be careful in situations which might make it obvious who the employee diagnosed with COVID-19 is. |
| Q: Are you allowed to take employees' temperature, e.g. by means of an infrared thermometer? |
|---|
| A: No. The Dutch Data Protection Authority takes a strict stance on the measuring of employees' temperature by such means, even if you are not recording the outcome. |
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
