Perspectives
The legal considerations for returning to work
The resilient leader series for general counsel
Companies all over the world reacted swiftly and empathetically to the COVID-19 crisis, altering their working practices to facilitate their employees working from home and maintaining operations. Many companies took aid from their governments to retain as many jobs as possible through furlough schemes, while others had to make difficult decisions to preserve their businesses, including layoffs/redundancies, reduced working hours, pay cuts and pay freezes.
With effective vaccines in the pipeline, and governments lifting restrictions, encouraging businesses to re-open in order to reverse the economic decline caused by the pandemic, employers are facing a new set of considerations. From the physical considerations of how to maintain productivity while also ensuring a safe working environment, to how to limit workplace exposure until the workforce is vaccinated, and the employment law considerations of whether what they need from employees is actually lawful.
Explore Content
- What will the immediate “new normal” look like?
- The employment law considerations for returning to work
- Recommended actions
- Get in touch
Employers will need to consider the short-term implications, and also what the long-term impact will be. This article explores the immediate, short-term implications of returning to work.
What will the immediate “new normal” look like?
There are a number of scenarios that companies are planning for. In the best case, the pandemic disappears and employers only need to consider whether they need to write (or adapt) policies and procedures for potential future pandemics. In a worst case, they have to deal with recurring “waves” of the virus until herd immunity is achieved.
Questions employers may now be asking include:
- Should they change their workforce structure to a higher proportion of temporary or contingent workers that can be hired, let go, and re-hired more easily?
- Should they ask some of their workforce to work from home permanently?
- What long-term provisions need to be made to deal with sudden out-breaks of contagion?
Regardless of the outcome of vaccine and treatment development, or the success of social distancing measures, employers need to prepare for their employees’ return to work by considering their obligations to protect their employees’ rights, safety, and well-being, while also safeguarding their business.
The employment law considerations for returning to work
Laws will vary between countries, and this article explores the following questions to consider when planning a return to work for your employees:
- Can you introduce rotations in order to reduce the number of employees on your premises at any one time?
- If you have reduced your employee base through lay-offs/redundancy, can you gradually re-hire ex-employees, and again let them go should the government impose a further lockdown?
- Should you change the make-up of your workforce to make employment more agile and therefore easier to respond to various government restrictions?
- Can you introduce or extend a “reduced working week” if you need to?
- Do you need special policies for seasonal/migrant workers?
- Do you need new policies for ongoing testing or health screening?
- Can you force employees to use personal protective equipment (e.g., facemasks) at work?
Recommended Actions
- Review your workforce needs in relation to business strategy
Map out your workforce and compare it to your likely workforce needs for the immediate future. Identify all the types of workers you use or employ, and identify the employment law implications of any changes necessary. - Review your policies
Review all your policies, not just those directly affected by the pandemic (e.g., sick leave or remote working policies). Decide on proposed changes and consult with your workforce or their representatives as necessary, before implementing the new policies. - Create a return to work strategy
Set out all the considerations, alternations and potential phases. - Communicate the strategy
Communicate the return to work strategy with your employers and suppliers (such as facilities, cleaning and catering suppliers) with enough notice. - Implement your strategy
Implement the strategy and monitor continuously for any future considerations.
For more information, contact:
Nicolaas Vermandel Deloitte Global Legal Leader | Employment & Benefits nvermandel@deloitte.com David Garland Member of the firm | Epstein Becker Green United States – New Jersey/New York dgarland@ebglaw.com |
Stijn Demeestere Partner | Deloitte Legal Belgium sdemeestere@deloitte.com Susan Gross Sholinsky Member of the firm | Epstein Becker Green United States – New Jersey/New York sgross@ebglaw.com |
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