While a new outbreak of the coronavirus epidemic has been discovered in northern Italy, French authorities fear an increase in cases in the country. To limit the contagion, schools are applying the recommendations of the Ministry of Health by asking students returning from one of the outbreaks to stay at home for 14 days.
Some companies also impose this provision on their employees. The most famous case is that of Laurent Bignolas, the presenter of Télématin, placed in the fortnight by France 2.
While some can benefit from telework, others cannot exercise from a distance. This raises the question of compensation for employees and self-employed workers who will have to stay at home. A quick overview of possible cases.
You are forced to work in a risk zone
If you have to go to work in a country affected by the Covid-19 epidemic, such as China, South Korea or Italy, you can exercise your right of withdrawal and refuse to leave. As provided for in article L4131-3 of the Labor Code: “no penalty, no deduction of wages may be taken against a worker who has withdrawn from a work situation for which he had a reason reasonable to believe that she presented a serious and imminent danger to her life or to her health ”.
You return from an area that has become at risk
If an employee returns from a risk zone, either for holidays or for work, then on his return he must inform his employer and carry out a medical examination. The doctor will no doubt decide to place him in confinement at home, to prevent him from infecting his colleagues.
At that time, the employee may receive daily allowances paid for by social security. In fact, on February 1, the government published a decree opening the right to daily allowances ( 50% of the basic daily salary ) from the first day of stopping for exposed persons who would be forced to stay at home. They are capped at 20 days. During this time, as during a work stoppage, the employment contract is suspended. Thus, the employer cannot ask his employee to make up for these days spent in solitary confinement.
This system “allows all insured persons who are the subject of an isolation, eviction or home support measure, that is to say people who are unable to work but who are not sick, to benefit from a work stoppage and daily allowances paid by the Health Insurance for a maximum of 20 days, without waiting period “, explained the Minister of Health, Olivier Véran, this Wednesday.
You do not respect the confinement recommendations
Some employees who return from risk areas may be tempted to neglect the measures recommended by the ARS. For Me Eric Rocheblave, specialist in labor law, “exposing his colleagues would be professional misconduct”. Indeed, according to article l.4122-1 of the labor code, “it is the responsibility of each worker to take care […] health and safety as well as that of other people affected by his acts or omissions at work ”.
If an employee disregards the advice of the occupational doctor, he may, on the one hand, be subject to disciplinary sanctions, and financial contributions from the primary health insurance fund (CPAM). His employer has every interest in sending him home.
Your employer suspects you of being contaminated without proof
The employer also has a very strong security obligation towards his employees: “He must protect them from contamination, so keep people at risk away,” explains lawyer specializing in labor law, Me Virginie Langlet.
