Mimodn doba si d mimodn een. However, some companies are creative and break the rules, which in no way coincide with the end of work. At the same time, two answers to many problems, as people do. The questions are answered by lawyers Andrea Hmorsk and Hana Gawlasov.
The times are confusing and a number of companies, of course. Are you the first to do it? And what should I do to a trader who suddenly finds himself without income? Me vs at all f these days blow?
Pinme answers the questions, the ones you most often ask.
1.Am I afraid of coronavirus infection, do I have to go to work?
Andrea Hmorsk: If the employee has not been recognized as temporarily incapable of work or has not been given quarantine measures, he is obliged to perform work according to the employment contract, even despite his possible fear of infection. If you are afraid of getting COVID-19, it is advisable to agree with your employer on a vacancy or unpaid leave.
2.The employer closed the company and gave him a 14-day holiday. M for that first?
Hana Gawlasov: Although in practice it seems that the employee decides on his / her holiday, he / she decides according to the end of the work, it is exactly the opposite. The period of erpn leave is determined by the employer. If, for example, he is unable to accommodate people on these days of work, I can give him a vacation, but he is obliged to notify employees in writing at least 14 days in advance, unless he agrees with them a short time.
If you do not agree with the order of leave from day to day, notify the employer. He will be able to give up a holiday in m and after 14 days. In case of non-compliance with the rules of erpn allowed to threaten the employer a fine from the Sttn Labor Inspectorate and up to 200 000 K.
3.As the mother of a seven-year-old child, he stayed at home for her father-in-law. But the employer insists that we all choose to leave. Do I have to listen?
Andrea Hmorsk: At a time when you want to take care of your home at home due to closed bikes (and take care of it, even if not), your employer should not force you to take a permit. The employer may only allow a sufficient amount of leave for work on the part of the employee (which includes your situation) to be enough for the employee. Therefore, if you do not agree with this, the employer will not be entitled to leave the holiday.
4.I am in probation, do you tell me the company from day to day, in times of emergency?
Hana Gawlasov: The declaration of a state of emergency does not affect the probationary period agreed in the employment contract. The employer and the employee can thus terminate the employment relationship during the probationary period for any reason or without any reason. However, the company may not terminate the employment relationship during the probationary period in the first 14 calendar days of the employee’s temporary incapacity for work or quarantine.
5.I have quarantine, I have to stay home, but I’m fine. Does he work at home office, or am I automatically on sick leave?
Andrea Hmorsk: In case you have a quarantine, but you can work from home, it is permissible to agree with the employer on the performance of work from home. Such a regime takes precedence over the quarantine and the employee has the right to provide a wage or salary in full (place of payment of the wage or salary provided in the quarantine). However, both parties to the employment relationship must agree in advance on the performance of work from home. Neither side can force the other to do such a thing.
6.Should the employer transfer to another job during an emergency?
Andrea Hmorsk: The crisis does not provide for deviations for the functioning of the first working relationship during the period of validity of the emergency. The transfer of the employee to another job is in principle only possible on the basis of an agreement with the employee. There are some exceptions to this rule. For example, even without your consent, the company may transfer you to another job, if it is necessary to avert an extraordinary or natural event and another threat of an accident, for the necessary time. The mere fact that the employer is unable to assign the work agreed in the employment contract due to the reasons on his part does not entitle him to transfer to another job without your consent.
7.I’m OSV and I can’t do the work. What mm to give, how to secure?
Hana Gawlasov: One of the possibilities of such a case is to suspend an independent self-employed activity (notified to the OSSZ local airport), to become an applicant for employment (to a large extent at the regional branch P) and to apply for unemployment benefits.
The self-employed person is entitled to unemployment benefits in the event that in the last two years at least 12 months of paid pensions have been paid (both as an employee and as a self-employed person). Up to these 12 months, the required time is employed.
8.The company does not have pension payments. How mm monosti?
Andrea Hmorsk: In the event that the employer has not paid the employee a wage or salary within 15 days after the due date, the employee may terminate the employment immediately. In such a case, the employee will be reimbursed for a wage or salary in the amount of the average wage for a period that corresponds to the long-term compensation period (ie at least 2 months).
However, the employee is not obliged to terminate the employment. I also decide to continue working and tell the employer that he will pay his long-term salary. In the event that the employer finds himself in insolvency (insolvency), the employee can file a claim for reimbursement of his unpaid wages. These can be applied for a maximum of 3 calendar months. The maximum amount of compensation for one month and one and a full amount of the decision, which by April 30, 2020, is 31,885 K. The maximum amount of compensation for payments is therefore 47,828 K, from which the work will be carried out.
9.Can my employer pay me a salary in an emergency, when I do not agree with it?
Andrea Hmorsk: Employees of private companies can reduce wages if their wages are determined unilaterally by an internal wage regulation or determined by a wage rate. In such a case, the employer can change it unilaterally at any time, including dreaming, at the level of the so-called guaranteed wage.
Wages agreed in a collective agreement or in an employment or other individual agreement (such as a wage agreement) concluded with an employee can only be changed to the basis of an agreement with a trade union, resp. employee. Employees of public institutions do not have to worry about salary reductions, because their numbers are clearly defined and cannot be reduced due to a pandemic.