While a new outbreak of the coronavirus epidemic has been discovered in northern Italy, French authorities fear an increase in cases in the country. To limit the contagion, schools are applying the recommendations of the Ministry of Health by asking students returning from one of the outbreaks to stay at home for 14 days. Some companies also impose this provision on their employees. The most famous case is that of Laurent Bignolas, the presenter of Télématin, placed in the fortnight by France 2.
While some can benefit from telework, others cannot exercise from a distance. This raises the question of compensation for employees and self-employed workers who will have to stay at home. A quick overview of possible cases.
You are forced to work in a risk zone
If you have to go to work in a country affected by the Covid-19 epidemic, such as China, South Korea or Italy, you can exercise your right of withdrawal and refuse to leave. As provided for in article L4131-3 of the Labor Code: “no penalty, no deduction of wages may be taken against a worker who has withdrawn from a work situation for which he had a reason reasonable to believe that she presented a serious and imminent danger to her life or to her health ”.
You return from an area that has become at risk
If an employee returns from a risk zone, either for holidays or for work, then on his return he must inform his employer and carry out a medical examination. The doctor will no doubt decide to place him in confinement at home, to prevent him from infecting his colleagues.
At that time, the employee may receive daily allowances paid for by social security. Indeed, on February 1, the government published a decree opening the right to daily allowances (50% of basic daily salary) from the first day of sick leave for exposed persons who would be forced to stay at home. They are capped at 20 days. During this time, as during a work stoppage, the employment contract is suspended. Thus, the employer cannot ask his employee to make up for these days spent in solitary confinement.
You do not respect the confinement recommendations
Some employees who return from risk areas may be tempted to neglect the measures recommended by the ARS. For Me Eric Rocheblave, specialist in labor law, "exposing his colleagues would be professional misconduct". Indeed, according to article l.4122-1 of the labor code, “it is the responsibility of each worker to take care […] of his health and safety as well as that of other people concerned by his acts or omissions at work ".
If an employee disregards the advice of the occupational doctor, he may on the one hand be subject to disciplinary and financial sanctions from the primary health insurance fund (CPAM). His employer has every interest in sending him home.
Your employer suspects you of being contaminated without proof
The employer also has a very strong safety obligation towards his employees: "He must protect them from contamination, so keep people at risk away," explains lawyer specializing in labor law, Me Virginie Langlet.
On the other hand, an employer who asks his employee not to come to the office, simply on suspicion of contamination, could be accused of discrimination because of his state of health. And potentially risks the industrial tribunal. The injured employee can then report to the Economic Social Committee, which since January 1 brings together staff representatives, the works council and the CHSCT.
Your child is in confinement at home
On instructions from the rectorate, the schools ask children who have traveled to one of the outbreaks to remain confined to their homes for 14 days. In this case, beyond even childcare issues, parents who have been in contact with them will also be obliged to notify their employer since they present a risk of contamination. Occupational medicine should logically decide to also place them in solitary confinement.
The government recalls that: "The disease is transmitted by postillions (sneezing, coughing). It is therefore considered that close contact with a sick person is necessary to transmit the disease: same place of life, direct contact within one meter during a cough, sneeze or a discussion in the absence of measures protection. "
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VIDEO. Coronavirus: advice from 2 doctors to protect yourself well
"From the moment a person has traveled to a risk zone, or has been in contact with people at risk, the daily compensation system is set up", explains Virginie Langlet. "The primary objective is to contain the epidemic, to prevent people from coming to work for fear of losing days of wages." The decree published by the government thus makes it possible to set up this compensation system more quickly, by avoiding in particular the three days of waiting period usually provided for.