The summer vacation is already turned upside down, but you also have to be careful about your return to work.
Your employer cannot force you to say where you are going on vacation. Nor can he prohibit you from going to such and such a country. Because the link of subordination which links the employer to his employee only covers working time.
But can he put you in forced quarantine on your return?
– NO if you return from an area considered to be non-risky and the decision is made unilaterally.
– YES if you return from a risk zone and if this is done to guarantee security in the company. “The employer has an obligation to ensure the well-being of his workers and if a worker poses a risk of infecting his colleagues, the employer could ask him to take measures and to stay away from his place of work. work, or even put him in telework for a few days so that he can check whether the worker has been contaminated or not “, explains Jean-Luc Vannieuwenhuysen, legal advisor for SD WORX, at the microphone of Hanan Harrouch.
As a reminder, for a return to the red zone, you will have to respect a quarantine and mandatory screenings. For the orange zones, an “increased vigilance” is advised in the French, Dutch and German versions of the Foreign Affairs site, and a “medical visit” is advised in that in English. Here is the list of regions concerned.
Please note if you are temporarily unemployed: you cannot go abroad during your days of unemployment, as you can always be called back to work.
Likewise, the employer cannot use days of temporary unemployment to replace days of vacation or to cover a period of vacation: because the purpose of these two “contract suspensions” is different.