Global Employment & Compensation COVID-19 Alert Digest - January 8 - January 21, 2021
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Global Employment & Compensation COVID-19 Alert Digest January 8 - January 21, 2021
Contents
APAC 3
Hong Kong 3
COVID-19 - Vaccinating the workforce – Key considerations for employers
(January 19, 2021) 3
Philippines 5
Travel Restrictions from Countries with Confirmed Cases of COVID-19 B117 strain
(Updated) (January 19, 2021) 5
EMEA 8
Austria 8
COVID-19 - Employment Law news 2021 (January 11, 2021) 8
Italy 11
New Decree dated January 14, 2021, with COVID-19 measures (January 20, 2021) 11
COVID-19 -The Italian Budget Law has entered into force - new employment
related provisions (January 7, 2021) 14
South Africa 16
The Post-Pandemic Workplace - A Look at Key Trends (January 19, 2021) 16
United Kingdom 19
COVID-19 entry requirements - International arrivals to England required to prove
negative COVID-19 test result before departure (January 19, 2021) 19
LATAM 20
Argentina 20
Argentina - Remote-work Law Regulation (January 20, 2021) 20
NA 21
Canada 21
Ontario Declares Second State of Emergency and Announces New Public Health
Restrictions (January 15, 2021) 21
Mexico 24
New Teleworking Obligations (January 11, 2021) 24
United States 25
50 State Shelter-In-Place / Reopening Tracker (January 19, 2021) 25
Resource Navigator for US Employers - Complimentary, practical resources to help
guide you in 2021 (January 15, 2021) 26
Workplace Safety | Practical Tips for COVID-19 Notifications (January 13, 2021) 27
APAC
APAC
Hong Kong
COVID-19 - Vaccinating the workforce – Key
considerations for employers (January 19, 2021)
(January 19, 2021)
To view original alert, click here.
Rowan McKenzie
Overview
The Hong Kong government recently announced that three types of COVID-19
vaccines will be available for the city's residents, raising hopes of things returning
to business-as-usual in the not too distant future. While the specifics of the
vaccine rollout are still unknown, employers have many questions on what this
means in practice. Issues include how the vaccine can be used to protect
workforces as well as an understanding of employer responsibilities in relation to
the offering of vaccines to employees.
Contents
Sonia Wong
Key considerations for employers in Hong Kong
While we anticipate that most employers in Hong Kong will not impose any
mandatory vaccination policy for their employees, some employers across
different industries may be considering the possibility of enforcing mandatory
vaccinations among staff and how to treat workers who opt out of being
vaccinated. Could such individuals be prevented from doing certain types of work,
from entering a workplace, or from being offered a job?
We expect that the Hong Kong government will likely offer some direction as the
vaccines become more readily available. In the US, the Equal Employment
Opportunity Commission (EEOC) has issued regulatory guidance on this topic.
Ken Ng
In the absence of such local guidance, existing frameworks and previous legal
decisions around workforce vaccinations, such as for the flu, help to identify some
of the key issues for employers in applying a vaccination policy:
Accommodating medical conditions and/or disabilities: In Hong Kong,
employees are protected from disability discrimination and the definition of
"disability" in the Disability Discrimination Ordinance is broad. Individuals who
have certain medical conditions (including mental health conditions) may
have reason to be concerned about the effect of the vaccine. Such
individuals, who are not recruited because of their vaccine status, may have
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 3APAC - Hong Kong
claims against an employer who insists that they be vaccinated as a condition
of their employment. Businesses will need to consider whether there are
other means to protect the workforce in seeking to avoid such risks.
Accommodating different belief systems: Individuals may have religious
beliefs that prohibit vaccination or prevent their use where they may be
derived from prohibited animal products, for example. While there are no anti-
discrimination laws in Hong Kong targeting discrimination of religious beliefs,
employers may still want to consider whether they should accommodate
different belief systems when determining how to apply any policy on
vaccinations.
Human rights: In Hong Kong, the International Covenant on Civil and
Political Rights (ICCPR) is recognized pursuant to Basic Law Article 39. The
right to self-determination under Article 1 of the ICCPR, while not formally
ratified in local law, may present a challenge to enforcing a vaccination.
Courts would likely take this into account when determining the fairness or
validity of such a policy, and employers would need to ensure that they fully
assess the risks in light of such legislation.
Personal injury: With reports that there may be side effects from some of
the vaccines, employers may be concerned about the risk of a claim in the
event an employee becomes ill or dies as a result of being vaccinated.
Whether an employer is potentially liable in such circumstances will largely
depend on whether the vaccine is enforced by the employer or taken
voluntarily by the employee. Of relevance are laws relating to work injury
liability (including the Employee's Compensation Ordinance and the
Occupational Safety and Health Ordinance), along with coverage under the
relevant insurance policies.
Data privacy: Information about who has and who hasn't been vaccinated
would be sensitive data that would need to be kept securely and handled in
accordance with the Personal Data (Privacy) Ordinance. Such information
may be held by an intermediary, depending on who is engaged for the
purposes of administering any vaccine, and caution would need to be taken
about: a) who had access to this information; and b) any decisions made
about discipline, dismissal or recruitment based upon such data.
Conclusion
Comprehensive consideration of the challenges of applying a COVID-19
vaccine policy at this early stage of the global vaccination rollout will help to
identify the right strategy in implementing a vaccination program. Companies
should monitor government guidance in relation to the use of vaccine and
consider existing frameworks for vaccination policies that may apply in their
industries and/or jurisdictions as they plan their vaccination programs.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 4APAC - Philippines
Philippines
Travel Restrictions from Countries with
Confirmed Cases of COVID-19 B117 strain
(Updated) (January 19, 2021)
(January 19, 2021)
Miguel Antonio Galvez
To view original alert, click here.
Overview
Summary of new developments
On 22 December 2020, due to the new B117 Strain of COVID-19, which was just
recently discovered in the UK, the IATF issued Resolution No. 90 imposing a
travel ban on foreign nationals coming from the United Kingdom. On 29
December 2020, the Bureau of Immigration (BI) increased the list of countries
included in the travel ban. On 1 January 2021, the United States of America was
included.
Rafael Roman Cruz
Contents
A copy of IATF Resolution No. 90 is here. A copy of the BI Advisory dated 29
December 2020 is here. A copy of the BI Advisory dated 1 January 2021 is here.
On 5 January 2021, the Inter-Agency Task Force (IATF) released Resolution No.
92, access here, adding exemptions to the travel restrictions for certain foreign
nationals. The BI added more countries to the list on 9 January 2021 and
released the Travel Restriction Guidelines, access here.
On 12 January 2021, through a Memorandum from the Executive
Secretary, access here, more countries were added to the list.
On 15 January 2021, through a Memorandum from the Executive
Secretary, access here, more countries were added to the list and the travel ban
was extended until 31 January 2021.
We summarize the relevant issuances.
The following countries are included in the travel ban:
1. United Kingdom of Great Britain
2. Denmark
3. Ireland
4. Japan
5. Australia
6. Israel
7. The Netherlands
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 5APAC - Philippines
8. Hong Kong SAR
9. Switzerland
10. France
11. Germany
12. Iceland
13. Italy
14. Lebanon
15. Singapore
16. Sweden
17. South Korea
18. South Africa
19. Canada
20. Spain
21. United States of America
22. Portugal
23. India
24. Finland
25. Norway
26. Jordan
27. Brazil
28. Austria
29. Pakistan
30. Jamaica
31. Luxembourg
32. Oman
33. People's Republic of China
34. United Arab Emirates (UAE)
35. Hungary ("Covered Country/ies")
The travel ban shall be effective until 31 January 2021.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 6APAC - Philippines
The travel ban covers foreign nationals, regardless of nationality, transiting
through or coming through the Covered Countries within 14 days immediately
preceding arrival in the Philippines. The travel ban is imposed "regardless of visa
category and previously issued endorsement / exemption."
While the travel ban is in place, the following may be admitted into the country:
1. Foreign nationals, even nationals of the Covered Countries, and Filipino
citizens who did not enter a Covered Country within 14 days prior to arrival in
the Philippines; provided, that such foreign nationals are qualified for entry
into the Philippines under existing IATF/BI resolutions;
2. Foreign nationals and Filipino citizens, who just stayed in the airport of a
Covered Country and were not cleared for entry by its immigration authorities
(i.e. layover);
3. Filipino citizens, who were cleared for entry into a Covered Country within 14
days prior to arrival in the Philippines except unaccompanied minors who are
not part of a repatriation program of the national government.
4. Foreign nationals who entered a Covered Country within 14 days prior to
arrival in the Philippines who fall under the following categories:
a. local / accredited foreign diplomats and international organizations such
as World Health Organization and United Nations [9(e) visa holders or
diplomatic/official/regular passport holder with valid 9(a) visa and DFA
authorization]
b. foreign dignitaries [with DFA authorization]
c. those for medical or emergency cases, including their medical escorts, if
any [with valid 9(a) visa and DFA authorization]
Foreign nationals and Filipino citizens covered by the exceptions in (1) and (2)
above need not complete a full 14-day facility-based quarantine, and may be
allowed home quarantine upon a negative RT-PCR test result upon entry into the
Philippines.
Foreign nationals and Filipino citizens covered by the exceptions in (3), (4)[a] and
(4)[b] above shall be required to undergo a mandatory 14-day facility-based
quarantine, notwithstanding a negative RT-PCR test result upon entry.
Conclusions
Effective until 31 January 2021, foreign nationals who have entered a Covered
Country, within 14 days prior to arrival in the Philippines, shall be absolutely
prohibited from entry.
The travel ban is subject to the exceptions stated above.
*****
*Authored by Quisumbing Torres, a member firm of Baker & McKenzie
International, a Swiss Verein.
Please contact QTInfoDesk@quisumbingtorres.com for inquiries.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 7EMEA
EMEA
Austria
COVID-19 - Employment Law
news 2021 (January 11, 2021)
(January 11, 2021)
Philipp Maier To view original alert, click here.
Overview
Due to amendments to the Maternity Protection Act and the COVID-19 Measures
Act passed at the end of 2020, there will be new legal restrictions in 2021 which
must be observed by employers:
Contents
1. Release from work for pregnant women
2. Active voting age for the Works Council lowered
Simone Liebmann-Slatin
3. Extension of the time period for releases of employees with a COVID-19
risk certificate
4. Police are authorized to monitor the compliance with COVID-19
requirements at places of work
5. "Testing in" instead of "testing free" (Freitesten)
Release from work for pregnant women
The increased risk of a severe course of COVID-19 infection for women in
Silvia Samek advanced pregnancy shall be reduced by a release from work.
If a pregnant employee is exposed to physical contact with other persons, the
employer must as a first step try to avoid the physical contact and maintain
the minimum distance by adjusting the work environment. Physical contact
also occurs when gloves are worn or clothed persons are touched.
If physical contact with other persons cannot be avoided by adjusting the
work environment, pregnant women are to be released from work with full
continued payment from the beginning of the 14th week of pregnancy.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 8EMEA - Austria
In case of such release, the employer is entitled to a reimbursement of the
remuneration up to the maximum monthly contribution basis under the
General Social Security Act. Thereby, the employer has to confirm that a
change of working conditions or employment at another workplace was not
possible due to objective reasons.
This provision applies temporarily until 31 March 2021.
Please note that the application for reimbursement must be submitted with the
health insurance carrier no later than six weeks after the end of the release.
Retail sector: Please note that a law is currently being drafted according to
which women are already to be released from work if they perform activities with
customer contact (physical contact is not necessary). This law has not yet been
passed.
Active voting age for the Works Council lowered
The active voting age for the works council was lowered from 18 to 16 years by
an amendment to the Labor Constitution Act. As a result, all employees who have
reached the age of 16 are entitled to vote for the works council as of 1 January
2021.
Please note: The requirement for the establishment of a works council is the
employment of at least five employees with voting rights in the company. By
lowering the voting age, the calculation of the required number of employees
entitled to vote now includes all 16- and 17- year-old employees.
Extension of the time period for releases of employees with a COVID-19
risk certificate
Employees who submit a COVID-19 risk certificate are now entitled to be
released from work and to continued payment until 31 March 2021, if they cannot
perform work from home or the conditions at workplace cannot be arranged by
appropriate measures in such a way that an infection with COVID-19 can be ruled
out.
Police are authorized to monitor the compliance with COVID-19
requirements at places of work
Due to an amendment to the COVID-19 Measures Act, as of 23 December 2020,
public security service organs (especially the police), at the request of the district
administrative authorities (Bezirksverwaltungsbehörden), are authorized to
monitor the compliance with the COVID-19 provisions at business premises and
places of work. They are entitled to enter these places, inspect them and review
all documents related to the compliance with entry bans and requirements and
conditions related to the COVID-19 Measures Act, and to secure evidence. Public
security service organs are not authorized to enter home-office workplaces.
Please note: The employer is obliged to allow access to the police, provide the
necessary information and present the required documents.
"Testing in" instead of "testing free" (Freitesten)
The possibility of "testing free" as of 18 January 2021, which has been much
discussed in the media has not been implemented after all. This means that the
current third lockdown in Austria will last until 24 January 2021 for everyone.
Retail, food service industry and tourism companies can also reopen at the
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 9EMEA - Austria
earliest on 24 January 2021. It is currently being discussed for certain areas that
a negative test result will allow access to certain events and locations ("testing
in"). Also new weekly test for certain professions are planned.
Click here to access the German version: Österreich: Arbeitsrechtliche
news 2021
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 10EMEA - Italy
Italy
New Decree dated January 14, 2021, with
COVID-19 measures (January 20, 2021)
(January 20, 2021)
To view original alert, click here.
Massimiliano Biolchini
Overview
On January 14, 2021, Italian Government enacted a new Decree, with COVID-19
measures. These provisions came into force on January 16, 2021 and will apply
until March 5, 2021.
Contents
The decree provides for the following measures:
MANUFACTURING, COMMERCIAL AND PROFESSIONAL ACTIVITIES
Uberto Percivalle On the entire territory of Italy, all manufacturing and commercial activities must
comply with the provisions in the Protocol dated April 24, 2020, containing
measures aimed at avoiding the spread of COVID-19 at the workplace (you can
read more about this Protocol here).
Furthermore, until March 31, 2021, the new Decree explicitly recommends the
use of remote working, which can be implemented by means of a simplified
procedure.
The new Decree also provides that:
stores and shops can be open provided that (i) interpersonal distance of at
least one meter is met at all times and (ii) access to stores are spaced out, as
Antonio Luigi Vicoli a means to avoid crowds within the store and (iii) customers remain in the
store only for the time strictly necessary to purchase items. Stores and shops
must also implement any additional health and safety protocol applicable to
their business sector.
medium and large stores must stay closed on holidays, if located inside
malls. Such restrictions do not apply to businesses identified as essential (i.e.
pharmacies, health centers, grocery stores, tobacco shops, newsstands and
bookshops).
restaurants are open from 5 a.m. to 6 p.m. A maximum of 4 people
belonging to the same family or who live together may sit at each table. The
following activities are allowed without time restrictions: (i) restaurants inside
hotels, limited to customers who stay overnight; (ii) home delivery services in
compliance with health and hygiene regulations for both packaging and
transport activities; (iii) sale of food and beverage located in service areas
along highways, in hospitals and airports, with the obligation in any case to
assure compliance with health & safety protocols. Furthermore, take-away is
allowed until 10 p.m. but it is prohibited to eat in the restaurant or outside of
it. For bars, take-away is allowed until 6 p.m. only.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 11EMEA - Italy
RESTRICTIONS AT REGIONAL LEVEL
The new Decree extends the regional restrictions already in place for regions
classified as "high risk regions" (i.e. level 2) and "very high risk regions" (i.e. level
3). The Ministry of Health monitors the level of risk and identifies regions where
the weekly incidence of infection exceeds 50 cases per 100,000 inhabitants.
Until February 15, 2021, no interregional mobility is allowed on the entire territory
of Italy. Travel will still be allowed at this time for the following reasons: work,
absolute urgency, health needs, study, return to one's domicile, home or place of
residency.
High Risk Regions (i.e. level 2) - currently: Abruzzo, Friuli Venezia Giulia,
Lazio, Liguria, Marche, Piedmont, Puglia, Umbria, Valle d'Aosta, Calabria,
Emilia Romagna and Veneto.
It is prohibited to travel in and out of these regions; within the region, it is also
prohibited to move away from the territory of the municipality in which one
resides. The only exceptions to these rules are mobility that is justified by proven
work, study or health reasons or to return to one's domicile. However, it is
possible to travel from small municipalities (with a population of less than 5,000
inhabitants) to other municipalities within a range of 30 kilometers, excluding
provincial capitals.
Restaurants must remain closed, but home delivery is allowed with no time limits
as well as take away until 10 p.m. For bars, take-away is allowed until 6 p.m.
only.
Very High Risk Regions (i.e. level 4) - currently: Lombardy, Sicily and the
autonomous province of Bolzano.
It is prohibited to travel in and out of these regions; within the region, it is also
prohibited to move away from the territory of the municipality in which one
resides. The only exceptions to these rules are mobility that is justified by proven
work, study or health reasons or to return to one's domicile. Visits to family
members living in another household can take place once a day, between 5 a.m.
and 6 p.m., for 2 adults plus minors under the age of 14.
Stores must stay closed, safe for essential businesses (you can see the list of
these essential businesses in Italian here).
Restaurants must stay closed, but home delivery is allowed with no time limits as
well as take away until 10 p.m. For bars, take-away is allowed until 6 p.m. only.
However, each region can implement different restrictions depending on how
serious the spread of the virus is in each area.
RESTRICTIONS ON INTERNATIONAL TRAVEL
Anyone entering Italy must sign a declaration confirming which foreign countries
and territories he/she has stayed in or transited in the previous fourteen days.
Entry and transit in Italy is allowed only for reasons related to work, absolute
urgency, health needs and study purposes, to anyone who, in the previous
fourteen days, has transited or stayed in non-Schengen countries with the
exclusion of Australia, Japan, New Zealand, Rwanda, Republic of Korea,
Singapore, Thailand, and Uruguay. Everyone arriving in Italy for these reasons,
including those from the above listed countries, must quarantine for 14 days.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 12EMEA - Italy
Anyone entering Italy from a Schengen country, or who has stayed in a
Schengen country in the previous fourteen days, must have resulted negative to
a swab test 48 hours prior to his/her entry in Italy; otherwise, they must
quarantine for fourteen days.
Entry is prohibited to individuals who have transited or stayed in the UK in the
previous 14 days, except if they are residents in Italy before December 23, 2020
or have an absolute necessity to enter the country. In these cases, they will be
required to (i) have tested negative to a swab test 72 hours prior to their entry into
the country, or do a swab test at the border crossing point (or within 48 hours
after entry), as well as (ii) to self quarantine for 14 days, regardless of the test
results.
Entry into Italy is also prohibited to individuals who have transited or stayed
in Brazil in the previous 14 days, with no exceptions. Furthermore, anyone who
entered the country and has transited or stayed in Brazil between January 2 and
16, must immediately contact the local health authority and do a swab test, even
if asymptomatic.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 13EMEA - Italy
COVID-19 -The Italian Budget Law has
entered into force - new employment
related provisions (January 7, 2021)
(January 7, 2021)
Massimiliano Biolchini
To view original alert, click here.
Overview
On January 1, 2021, the Budget Law for the year 2021 and the period 2021-2023
came into force, providing for a number of new employment related provisions,
some of which related also to the COVID-19 emergency.
Contents
1. COVID-19 related salary support schemes ("CIGO", "FIS" and "CIGD")
Uberto Percivalle 2. Exemption from social security contributions for employers who do not
use a COVID-19 related salary support scheme
3. Ban on terminations due to COVID-19
4. Extension/renewal of fixed-term employment contracts during
COVID-19 emergency
5. Reduced social security contributions for hiring of young individuals
and women
6. Paternity leave
Antonio Luigi Vicoli 7. Provisions applicable to "fragile workers" with health conditions
8. Options for early retirement
COVID-19 related salary support schemes ("CIGO", "FIS" and "CIGD")
Employers who suspend or reduce their business activity, due to COVID, can
apply for 12 additional weeks of salary support. These can be used as follows:
(i) for CIGO, between January 1, 2021 and March 31, 2021; (ii) for FIS and CIGD,
between January 1, 2021 and June 30, 2021. Periods of salary support already
requested and authorized under the decree "Ristori" which will be used, even in
part, after January 1, 2021, will be charged to the 12 weeks period mentioned
above.
Exemption from social security contributions for employers who do not use
a COVID-19 related salary support scheme
The exemption from payment of social security contributions granted to
employers who do not use salary support schemes is extended for an additional
maximum period of 8 weeks, to be used by March 31, 2021.
Ban on terminations due to COVID-19
Individual and collective terminations for business related reasons are
prohibited until March 31, 2021. The ban applies to all employers.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 14EMEA - Italy
Terminations can still be implemented in the following cases:
wind up of business activity;
after entering into a shop collective agreement with the unions aimed at
incentivizing terminations for employees who voluntarily agree to leave their
employment;
bankruptcy without temporary continuation of business.
Extension/renewal of fixed-term employment contracts during COVID-19
emergency
Until March 31, 2021, it is possible to renew or extend fixed-term employment
contracts, without mentioning business related reasons, once and for a maximum
period of 12 months. In any case the maximum duration of 24 months for fixed-
term employment must always be complied with.
Reduced social security contributions for hiring of young individuals and
women
In the period 2021 - 2023, employers hiring people under the age of 36 and
meeting certain requirements are entitled to a 100% reduction of social security
contributions, within the limit of € 6,000/year. Contributions to INAIL (i.e. for public
insurance against accidents at work) are still due. This exemption applies: (i) for 3
years all over Italy; (ii) for 4 years, in the event of hiring in certain, economically
depressed regions (i.e., Abruzzo, Molise, Campania, Basilicata, Sicilia, Puglia,
Calabria and Sardegna).
For 2021 and 2022, employers hiring women and meeting certain requirements
are entitled to a 100% reduction of social security within the limit of € 6,000/year.
Contributions to INAIL (i.e. for public insurance against accidents at work) are still
due.
Paternity leave
In the event of birth or adoption of a child, mandatory paternity leave has been
raised to ten days (previously it was seven days).
Provisions applicable to "fragile workers" with health conditions
Until February 28, 2021, for employees who qualify as "fragile" due to health
conditions: (i) period of absence are treated as hospitalization, in certain
instances (i.e. when an employee has certification attesting to the existence of a
risk condition deriving from immunodeficiency, cancer, serious disability or from
the need of lifesaving therapies); (ii) employees normally carry out their duties
from remote, also via assignment to different tasks belonging to the same
employment level.
Options for early retirement
A number of existing options allowing certain categories of employees (e.g.,
women, employees performing "burdensome" tasks, etc.) to access early
retirement have been extended. Provisions are complex and we remain available
to provide additional guidance on this topic: feel free to reach out to our attorneys.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 15EMEA - South Africa
South Africa
The Post-Pandemic Workplace - A Look at
Key Trends (January 19, 2021)
(January 19, 2021)
To view original alert, click here.
Johan Botes
Overview
Johan Botes, Partner and Head of the Employment and Compensation at
Baker McKenzie in Johannesburg, outlines some of the key trends to emerge in a
post-pandemic workplace.
In depth
Brakes on business travel and physical offices due to tech transformation
A recent survey conducted by Fortune 500 of the CEOs of 2020's Fortune 500 list
of companies, looked at how these companies dealt with the pandemic and how
their CEOs are planning for the future. The majority of CEOs predicted that
business travel and a continued physical presence in the office will never return
to the levels seen before COVID-19. The accelerated technological
transformation of their organizations, experienced by three quarters of the CEOs
surveyed, was cited as the main reason for this changing trend.
Safety and productivity now, redundancies might come later
In the same survey, the number one concern of 60% of the CEOs was how they
could keep employees safe and productive during the pandemic. But more than
half of the companies also expected to employ slightly less employees in 2021
than they did in 2020, and there has been an increasing trend towards
restructurings and redundancies in the last six months of 2020. This will continue
to add pressure to the increasing global unemployment problem.
Exploring creative alternatives to job losses
The global pandemic has certainly brought focus to optimal staffing in any
business. With production and services slowing down, employers were forced to
critically evaluate headcount. Whilst redundancies abound, many employers are
also keeping their gaze on the horizon, to plan for the eventual upturn in
business. To that end, creative solutions to job losses are finding favor. With a
significantly diminished likelihood of securing alternative employment in the short
term, many employees are forced to be more receptive to alternative work
arrangements to stave off redundancies. Such arrangements include salary cuts,
deferring bonus payments and other benefits, even agreeing to a period of
unpaid leave in an effort to retain employment. Businesses that can unlock the
solution to retaining staff at a cost suited to the business may find not only a
repayment in employment loyalty when work starts streaming in again, but also
trained and experienced staff at the ready to ramp up production in no time.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 16EMEA - South Africa
Work from home strategies
Working from home is one creative alternative that could assist struggling
businesses - or those keen to stay lean and manage their profitability. The world
has had to wrap its collective head around the virtual workspace when offices
were shut, however, will this experiment continue post COVID-19? Even those
who long for the camaraderie of the office, the joviality of the staff canteen and
the recounting of the weekend around the water cooler are likely to remember the
benefits of our enforced working from home scenarios.
Many businesses are now implementing full or partial work-from- home
strategies, with the view to requiring smaller bricks and mortar premises for
shared office space as and when staff come to the traditional office. A small
allowance to assist employees to set themselves up in a home office may make
financial sense when contrasted with lease costs – typically one of the major cost
elements in most businesses.
The employee's right to privacy
Employers have begun looking at ways to monitor their employees' productivity in
the work-from-home setting. However, several laws govern the monitoring of
employee communications and information, as well as their closely guarded right
to privacy, and there are hefty fines for non-compliance. This year, several key
provisions of the Protection of Personal Information Act also came into force in
South Africa, with implications for employees with regards to the processing and
storage of employee data. Regulations around data privacy and protection are
expected to take centre stage across the continent in the coming years, as the
world fully embraces the digital economy.
The rise of the flexible workforce
Post-pandemic, it is expected that fixed-term employment contracts will become
increasingly valuable business tools that allow employers the flexibility to manage
the impacts of a volatile business environment. Employers are increasingly using
limited duration contracts to create certainty and limit legal risk in respect of
staffing solutions. Appointing employees for a fixed period or defined project is
allowing employers to plan for their employees' exits in advance. This is because
the contracts will expire on a certain date or upon reaching a defined milestone,
without the limitations of only being able to terminate the contracts for valid
reasons, and after following a fair procedure.
Gender equality needs protecting
The long-term effects of the pandemic could have severe implications for gender
equality. Employers seeking to play a meaningful part in protecting gains made
for gender equality in the workplace have begun taking steps to ensure that roles
occupied by female employees receive the required flexibility to telecommute,
where possible. Progressive employers are already implementing equal parental
leave provisions, irrespective of the gender of the parent. By allowing their
partners to take time off to share the childcare duties, female employees should
benefit from not only the shared workload, but also from being able to take up
employment in roles where flexible working is not possible. Creating a malleable
platform for women to equally participate in all sectors of the economy will reduce
the disproportionate impact of the next crisis on those sectors of the economy
with significant female workforce participation.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 17EMEA - South Africa
Dealing with violence and harassment at work
In dark times like these, with high rates of global violence against women,
employers should take time to assess their current policies and consider whether
they are fulfilling their common law and statutory obligations when dealing with
violence and harassment in the workplace. Further, some employers are now
going further and considering establishing workplace rules that make it a
workplace offence to commit acts of violence against women, stating employees
who are convicted of gender-based violent crimes may be dismissed, even if the
crime took place away from the workplace and against a private person.
Diverse and inclusive teams
In the rapidly changing environment precipitated by the global pandemic, a
successful diversity and inclusion program is an important part of any business's
resilience and recovery strategy. Diverse and inclusive corporate cultures lead to
increased productivity and meaningful employee engagement, which ultimately
offer immense value to businesses. D&I fosters innovative participation, which
gives rise to a confluence of creative ideas arising from the richness of different
backgrounds and experiences, all of which work together in the formulation of
solutions to business challenges and idea-generation. Simply put, diverse spaces
ultimately lead to better outcomes than homogenous spaces. As such, conscious
and forward-looking businesses consider D&I to be a measure of their success
and indispensable to their overall sustainability. D&I is thus firmly on the agenda
of most organisations and businesses around the world.
Stress management at work
According to a survey by mental health service provider Ginger, nearly seven in
ten employees said that COVID-19 was the most stressful thing to happen to
them in their careers to-date. Workplace stress has been increasing substantially
for some time, but was made worse by the pandemic, where employees often felt
isolated and anxious about the possible physical, social and economic
consequences of the virus. The stress of coping with pandemic impacts has been
bubbling to the surface, leaving us all wondering if life as we know will ever be the
same. This means that for businesses and team leaders, managing this stress via
workplace health and wellbeing programmes has become a business imperative.
Paying attention
Attention capital – defined as employees' ability to focus on value creating work -
is suffering due an always online, environment. Employees, now more than ever,
are being continuously bombarded with information from which there is no
escape. This never-ending distraction is having a detrimental effect on an
employee's ability to get the job done. To protect their employees, businesses are
beginning to look at ways protect staff from constant bombardment of information,
which drastically impacts on fatigue and burnout. Such protections might include
limiting unnecessary communications, implementing mindfulness programs or
setting aside days for staff to focus on special projects.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 18EMEA - United Kingdom
United Kingdom
COVID-19 entry requirements - International
arrivals to England required to prove
negative COVID-19 test result before
departure (January 19, 2021)
Tony Haque
(January 19, 2021)
To view original alert, click here.
Overview
To help protect against new strains of COVID-19 circulating internationally, the
Transport Secretary has announced that from 4 am on 18 January 2021 all
international arrivals to England, including UK nationals are required to present a
Richard Mills certificate for a negative COVID-19 test taken 72 hours before departure.
Passengers may be fined GBP 500 for failure to comply with pre-departure
testing.
Contents
The travel corridor list has been suspended but there is a limited number of
exemptions to the pre-departure testing requirements:
Ying Li
jobs that qualify for exemption
children under 11 years of age
specific medical reasons
if you began your journey to England from Ireland, Northern Ireland,
Scotland, Wales, the Isle of Man, Jersey or Guernsey, Ascension, Falkland
Islands, or St Helen
Wendy Mortimer
if you began your journey to England from Antigua and Barbuda, St Lucia or
Barbados (until 4 am Thursday 21 January 2021 – you will need a test to
travel on or after this date)
Even with a negative pre-departure test certificate, all arrivals are still required to
self-isolate for ten days. If eligible to apply, this can be reduced to five days with a
negative test through the Test to Release Scheme. The scheme requires a test to
be taken on or after the fifth full day since leaving from arrival. The Test to
Release (which is separate to the pre-departure test) must be booked before
returning to the UK and before completing the Passenger Locator Form.
Natasha Riley
All international arrivals are still required to fill in a Passenger Locator Form.
Detailed information on this change and the exemptions can be found here.
Further details regarding these changes can be obtained by reaching out to
your usual contact in our Global immigration & Mobility team.
Tomoko Sasaki
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 19LATAM
LATAM
Argentina
Argentina - Remote-work Law
Regulation (January 20, 2021)
(January 20, 2021)
To view original alert, click here.
Matías Herrero
Overview
By means of Decree no. 27/2021 ("the Decree"), the Executive Power regulated
Law no. 27,555 regarding remote-work regime.
In detail
The main points of the Decree include:
1. Remote-work law will not be applicable (i) to those employees who render
services from client establishments to whom the employer provides services
on a continuous or regular basis; (ii) cases in which remote-work applies
sporadically and occasionally from the employee's domicile.
2. For those employees with family burdens entitled to a working schedule
compatible with their responsibilities and / or to the interruption of their
working schedule, the Decree establishes the obligation of the employee to
communicate virtually and precisely the moment in which the inactivity
begins, and when it ends. Likewise, the Decree established the possibility of
agreeing reductions in working schedule according to what shall be
established in collective bargaining.
3. In the event that an employee requests to resume work at the employer's
premises (reversibility) with a reasonable motivation, the employer must meet
such demand as soon as possible, and at any rate not beyond 30 days as of
the employee's request. Reversibility would not apply for those employees
who agreed to a remote-work regimen since the beginning of the employment
relationship.
4. In relation to the effective date of the remote-work Law, the Ministry of Labor,
Employment and Social Security must issue a resolution with the
commencement date for the 90-days period originally set by Law 27,555 for
the law to become effective.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 20NA
NA
Canada
Ontario Declares Second State of
Emergency and Announces New Public
Health Restrictions (January 15, 2021)
(January 15, 2021)
Andrew Shaw
To view original alert, click here.
On January 12, 2021, the Government of Ontario declared a second state of
emergency under the Emergency Management and Civil Protection Act in
response to the COVID-19 pandemic. At the same time, the government issued a
province-wide Stay-at-Home Order and amended O. Reg. 82/20: Rules for Areas
in Stage 1 ("Stage 1 Rules") to introduce stricter lockdown measures starting
January 14, 2021.
"Essential" Businesses
As of January 12, the entire province has been moved back to the grey zone and
Alessandra Fusco must operate under the Stage 1 Rules. While the list of businesses permitted to
operate under the Stage 1 Rules is mostly unchanged, the Stage 1 Rules have
been amended to include stricter health and safety measures:
Restricted Hours: Non-essential businesses, including those offering
curbside pickup or delivery, may only operate between the hours of 7 am to 8
pm. These restricted hours do not apply to essential retailers such as grocery
stores, pharmacies, gas stations, convenience stores, and restaurants for
takeout or delivery and do not apply to discount and big-box retailers
permitted to open.
Capacity Limits: Discount and big-box retailers that sell groceries and
retailers that sell alcohol must limit occupancy capacity to 25%.
Ajanthana Anandarajah
Work from Home: Employers must now ensure that their employees work
remotely, except where necessary. Employees will be permitted to leave their
homes to attend work if their workplace is permitted to be open and if the
nature of their work requires them to be onsite. This requirement replaces
previous guidance that "strongly encouraged" such workers to work from
home.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 21NA - Canada
Schools: School closures (online learning only) in Toronto, Peel, York,
Hamilton, and Windsor-Essex will remain in effect until at least February 10,
2021, while schools in other regions will remain closed until at least January
25, 2021.
Masks: It is now mandatory for all individuals to wear a mask or face
covering that covers their mouth, nose and chin when they are in indoor
areas of a business, with limited exemptions. Now, enforcement personnel
have the authority to issue tickets to individuals, employees, and businesses
for not complying with masking requirements.
Physical Distancing: It is now mandatory for all individuals to maintain a
physical distance of at least two meters from others while in an open
business or facility. Now, enforcement personnel have the authority to issue
tickets to any individual that does comply with physical distancing rules when
inside an open business or facility.
Construction: Non-essential constructionhas been restricted to prescribed
construction activities or projects, including projects and services associated
with the healthcare sector and long-term care, projects necessary for or
support the provincial infrastructure and internet and telecommunication
services, projects that are due to be completed before July 2021, certain
residential projects and projects that aid the production, processing,
manufacturing or distribution of food, beverages or agricultural products,
among others.
The new rules do not change for businesses Toronto, Peel Region, York Region,
Hamilton, and Windsor-Essex, which were placed in the grey lockdown zone and
were required to operate within the Stage 1 Rules towards the end of 2019.
Accordingly, most businesses that were "essential" prior to yesterday continue to
be "essential" and may continue to operate, subject to the new restrictions.
Stay-at-Home Order
The Stay-at-Home Order, which is expected to last at least 28 days starting
January 14, requires Ontarians to stay at home, leaving only for essential
purposes. According to the Order, Ontarians are only permitted to leave for the
following reasons:
Essential Work: To attend work if their work is considered essential under
the Stage 1 Rules and their employer has determined that the nature of their
work requires attendance at the workplace.
Schools: While elementary schools, secondary schools, and post-secondary
institutions are largely closed for in-person learning, individuals may leave
their residence to provide training or receive educational services at such
institutions.
Child Care Facilities: To attend, obtain, or provide child care services at
child care facilities for children not old enough to be enrolled in school.
Goods and Services: To get goods and services for health and safety of
oneself, family or animals (i.e., food, beverages, personal care items,
healthcare items or services, curb side pickup, and financial institutions).
Assisting Others: Delivering goods or providing assistance to individuals
who require assistance or support (i.e., children, individuals in congregate
living settings, or members of the same household).
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 22NA - Canada
Self-Protection or Legal Purposes: To remove oneself from harmful or
unsafe living conditions or for the administration of justice (i.e., domestic
violence, seeking emergency assistance, or to attend court or similar place).
Exercise: To exercise outdoors.
Travelling or Moving: To travel outside of Ontario by means of airport, bus
or train or to move to a new residence or between select secondary
residences.
Gathering(s): Individuals who live alone leave their residence to gather with
members of a single household.
Key Takeaways
Employers should review the Stay-at-Home order and amendments to the Stage
1 Rules to assess whether their business has been impacted. Because the
government did not amend the list of "essential" businesses and most parts of
Ontario were already operating under the Stage 1 Rules, including the Greater
Toronto Area, most employers that have been operating before the emergency
declaration may continue to operate, subject to the new rules.
Employers that continue to operate, and require employees to attend onsite,
should consider issuing travel letters to employees confirming that the nature of
their work requires them to attend onsite. While the government has stated that
law enforcement cannot stop individuals to verify compliance with the Stay-at-
Home Order, employers should consider issuing such letters as a precaution.
Lastly, the government has announced that it will be increasing its workplace
inspection efforts, particularly in high transmission workplaces. As such, all
employers should review existing health and safety protocols and make updates
as needed to ensure compliance. Employers should make an effort to provide
necessary personal protective equipment to employees' onsite. Employers with
employees exempt from the masking requirement should take steps to ensure
physical distancing is practiced at all times.
Many thanks to Dorna Zaboli for her assistance in drafting this article.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 23NA - Mexico
Mexico
New Teleworking Obligations (January 11, 2021)
(January 11, 2021)
To view original alert, click here.
Special thanks to Liliana Hernandez-Salgado for this update.
Liliana Hernandez-
Salgado Mexico has new teleworking regulations that were published today and will
come into effect tomorrow.
The main actions that employers should implement under these new regulations
are:
Update individual employment agreements for new employees who will be
working remotely.
Draft agreements to include teleworking obligations for existing employees
who are or will be working remotely.
Update collective bargaining agreements or internal labor regulations.
Determine the payment that will be made to employees for internet and
electricity expenses and analyze the impact of such payment from a social
security, tax and labor standpoint.
Keep record of the work tools (computers, ergonomic chairs, printers, etc.)
and training provided to employees.
The Labor Ministry will have eighteen months to issue a Mexican Official
Standard for the health and safety measures that should be implemented under
this type of work.
We are happy to assist with the implementation steps to comply with these new
regulations. For more information, please read here.
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 24NA - United States
United States
50 State Shelter-In-Place / Reopening
Tracker (January 19, 2021)
(January 19, 2021)
To view original alert, click here.
Michael E. Brewer
Overview
Shelter-in-place or stay-at-home orders have been prevalent throughout the
United States since March 2020 as state and local governments have sought to
protect their citizens from the spread of the COVID-19 virus while at the same
time reopen their economies in accordance with phased reopening plans.
Keeping abreast of the evolving nature of these orders and plans as the spread
of the virus continues to evolve is critical to the functioning of all businesses
throughout the country.
Susan F. Eandi Contents
Baker McKenzie has a team in place that has been advising clients real-time on
these most critical issues since the first orders were enacted. We are pleased to
provide this Tracker, which identifies the relevant state-wide shelter-in-place
orders and their related expiration dates, as well as the applicable state-wide
reopening plans, in each of the 50 United States plus Washington, D.C. The
"What's Open" table on each page highlights the reopening status of four major
sectors (office, manufacturing, retail and bars/restaurants).
In addition, the Tracker includes links to the relevant quarantine requirements or
recommendations for incoming travelers in each state plus Washington, D.C.
Teresa Michaud
Key developments reflected in this week's update to the Tracker include the
following:
The following jurisdictions extended their state-wide orders and/or the
duration of the current phase of their reopening plans: Georgia, Louisiana,
Oklahoma, Massachusetts, Mississippi, New Hampshire and Vermont.
Oregon announced updates to its county risk levels, which places a majority
of the state's counties at the extreme risk level. On the other hand, North
Dakota rescinded all capacity limitations and other restrictions imposed by
Lewis Popoff the previous order on bars and restaurants, while certain regions of Illinois
have been moved to lesser mitigations, which allows, among other things,
casinos to re-open at reduced capacity.
Please call or email your regular Baker McKenzie contact if you require
additional analysis regarding these matters.
Last updated 15 January 2021.
Download US Shelter-In-Place / Reopening Tracker
Robin Samuel
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 25NA - United States
Resource Navigator for US Employers -
Complimentary, practical resources to help
guide you in 2021 (January 15, 2021)
(January 15, 2021)
Michael Brewer
To view original alert, click here.
Overview
We've identified and mapped out our most relevant blog posts, articles and video
chats to serve as a quick and handy roadmap to recovery and renewal for your
company. Our 2021 Employment & Compensation Resource Navigator provides
US multinational companies organized links to Baker McKenzie's most helpful,
relevant thought leadership in one brief document. Arranged alphabetically by
Bill Dugan
topic, the Navigator can be saved to your desktop for quick reference when an
issue arises.
Contents
The bulleted resources in the attached PDF are clickable links to guidance on the
following topics:
Benefits & Compensation
Susan Eandi
COVID-Related Employment Litigation
Cost-Cutting and RIFs
Data Privacy & Protection
Diversity & Inclusion
FFCRA (And Other Changes to Leave Laws)
Paul Evans
Health & Safety
Global Equity Services
Immigration & Employee Travel
Remote Work & Reimbursements
Reopening
Barbara Klementz
Vaccination of the Workplace
Wage & Hour
Baker McKenzie's Employment & Compensation attorneys have unmatched
expertise in guiding global employers through uncertain times. We partner with
clients to create safe and agile workforce models, tailoring an approach unique to
your business to help you maintain business continuity and future-proof your
organization.
Betsy Stelle Morgan
Click here to download
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 26NA - United States
Workplace Safety | Practical Tips for
COVID-19 Notifications (January 13, 2021)
(January 13, 2021)
To view original alert, click here.
Elizabeth Ebersole
Discussion on how employers should notify employees, health departments and
others about COVID-19 cases in the workplace. This quick chat covers who must
be notified, when and how notice must be provided, medical confidentiality, and
other important considerations.
To learn more click here to access the video.
Caroline Pham
Robin Samuel
Global Employment & Compensation COVID-19 Alert Digest: January 8 - January 21, 2021 27Baker McKenzie helps clients overcome the challenges of competing in the global economy. We solve complex legal problems across borders and practice areas. Our unique culture, developed over 70 years, enables our 13,000 people to understand local markets and navigate multiple jurisdictions, working together as trusted colleagues and friends to instill confidence in our clients. bakermckenzie.com ©2021 Baker McKenzie. All rights reserved. Baker & McKenzie International is a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.
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