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Covid-19 Potential Second Wave: Legal Preparation

Let’s be prepared for the potential second wave!

 

The first wave of COVID-19 hit Lithuania unexpectedly. Neither public authorities, nor the people or companies were prepared for this pandemic. The first wave has created a panic, where companies had to implement security measures, relocate offices to homes, whereas government officials have started an avalanche of chaotic legislation changes which businesses had to apply immediately.

 

During the summer period, the situation in Lithuania was under control, some companies returned to their offices, the implementation of security measures was reduced and cross- border mobility was partially resumed.

 

As the autumn season approaches, COVID-19 statistics in Lithuania are getting slightly worse, therefore, the authorities are returning some security measures and recommendations as a response to control the spread of COVID-19.

 

Looking forward to the tendency of the situation, we would like to remind how to prepare for the potential second wave of a pandemic in order to maximally protect the businesses.

Remote work 

Article 52 of the Labour Code of the Republic of Lithuania (hereinafter – the Labor Code) establishes that remote work is a form of work organization or a way of performing work, when the employee regularly performs his work functions assigned to him or her part, in accordance with the agreed procedure with the employer.

 

According to the provision of the Labour Code, the remote work is to be provided by the request of the employee or by an agreement of both parties.

 

According to Article 52 of the Labour Code, remote work must be determined in writing:

-       workplace requirements (if there are any);

-       equipment provided for work;

-       procedure for the provision of work equipment;

-       rules for the use of work equipment;

-       specification of the division, department or responsible person of the workplace to which the employee must report for the work performed in accordance with the procedure established by the employer;

-       the amount of compensation for additional costs incurred by the employee (if the additional costs are incurred due to remote work).

 

Therefore, according to the above-mentioned regulation of the Labour Code, we would like to remind our clients that when appointing employees to work remotely, companies must:

-    to conclude a remote work agreement with each employee;

-    to determine the above-mentioned remote work rules.

 

 

Application of security measures


Part 1 of Article 3 of the Law on Safety and Health of employees of the Republic of Lithuania (hereinafter – the Law) stipulates that every employee must be provided with safe and healthy work conditions, regardless of the type of activity of the company, the nature of work, the number of employees and etc.

 

Part 2 of Article 3 of the Law obliges employers to create safe and healthy work conditions for their employees.

 

According to Article 96 of the Code of Administrative Offenses of the Republic of Lithuania (hereinafter – CAO) violation of labour law legislation, normative legal acts on occupational safety and health, may impose a fine up to EUR 2.000 on managers of legal entities or other responsible persons.

 

What to do for employers?

 

Prepare/update procedures according to the recommendations of the State Labour Inspectorate of the Republic of Lithuania (hereinafter – SLI) and implement the measures proposed.

 

SLI recommendations (measures) can be found by clicking on the following link:

https://www.vdi.lt/AtmUploads/Darbdaviams.pdf (only in Lithuanian language)

 

By implementing the SLI recommendations you will reduce the risk of COVID-19 spreading in the company, as well as you will be able to regulate the processes in case of illness of the company’s employee.

 

The rules recommend to define following measures:

-       flow management of employees;

-       provision of personal protective equipment for employees;

-       processes to ensure the personal hygiene of employees;

-       maintenance and disinfection of premises procedure;

-       rules for monitoring employees’ health conditions;

-       the process of managing the risk of COVID-19 from third parties (buyers, clients, visitors, interested parties, recipients, suppliers and etc.);

-       risk management following the positive test result of COVID-19 of an employee;

-       other aspects relevant to your company’s activities.

 

Implementing the above-mentioned recommendations for safety measures as well as by signing agreements on remote work, the company will reduce the risk of arising legal liability.

 

Leinonen's Legal team has years of experience and can assist with the preparation of the necessary documents for the application of remote work as well as to implement security measures.

 

Should you have any questions, please do not hesitate to contact us.


24.08.20


Author:   

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Živilė Mikolaitienė

Živilė Mikolaitienė

Senior Legal Advisor

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Mobile: +370 656 73318

Email: zivile.mikolaitiene(at)leinonen.lt

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