Almost 7 months after the first cases of COVID-19 in Brazil, some companies that have joined the home office begin to gradually resume their face-to-face activities or at least begin to plan for this to occur in the coming months.
The fact is that even with a gradual resumption, risks exist, because we still do not have a vaccine, only strategies for containing the virus and organizations need to be prepared to promote a safe work environment for employees, protecting their lives to the maximum and consequently that of their families.
Legal expert's word
It is worth remembering that the reduction of the risks inherent to work, through health, hygiene and safety standards, are the rights of workers protected by the Federal Constitution. "In cases where an employee contracts the disease within the work establishment, for example, the company may be held liable for not having complied with occupational health and safety measures, being obliged to indemnify the employee for the damage caused. Under Article 268 of the Brazilian Penal Code, the violation of determination of the public power, intended to prevent the introduction or spread of contagious disease, may hold the owner of the company in detention, from one month to a year, and fine", explained André Fisman, lawyer at Bonuz.
Fisman also highlighted Provisional Measure 927/20, approved on 06/17/2020 by the House of Representatives, which seeks, according to its menu:
- Facing a state of public calamity (Legislative Decree No. 6, of March 20, 2020);
- Facing the public health emergency of international importance resulting from coronavirus – covid-19 (Ordinance MS no. 356 – Measures to Combat COVID – 19, which provides for the regulation and operationalization of the provisions of Law No. 13,979, of February 6, 2020, which establishes measures to address the public health emergency of international importance resulting from coronavirus – covid-19).
The changes of MP 927/2020 will have application for the duration of the state of public calamity, which runs until December this year, and its intention is to promote several alternatives for the flexibilization of labor relations, such as rules for the operation of telework, anticipation of holidays and holidays, use of a bank of hours, among others, in order to relieve the cash of companies while the coronavirus pandemic persists.
The International Labour Organization (ILO) has published guidelines on safe and effective return-to-work conditions during the COVID-19 pandemic. It was proposed that, before returning to work, an analysis be made about the environment and that preventive measures be implemented to ensure the safety and health of all employees.
How does Worksphere help your company get back post Covid-19?
A good measure that your company can adhere to is the self-diagnosis of COVID-19, a novelty of the Worksphere platform (which is available for free until Dec.2020). With the self-diagnosis module, the employee will fill out a form at home and the platform will indicate whether or not he is fit to go to work. CLICK HERE TO LEARN MORE
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