Lockdown: rights and duties of the employer and worker during the health crisis
The worsening in the cases of contamination and death in the country brought back the hardening of the isolation
A few days after completing one year of the first coronavirus case, Brazil is going through one of its worst moments in relation to the pandemic. The moving average of deaths by Covid-19 reaches 1,223 per day and in several states of the country the health network is one step closer to collapse.
The scenario brought back the tightening of restrictive measures and the interruption of several sectors of the economy. Understand how is the protection of companies and workers in these cases.
The lawyer Sérgio Vieira points out that Labor Law needed to adapt to the pandemic, and flexibilities and adjustments needed to be made.
With regard to the return of the lockdown, the scenario is similar to what happened in March last year.
For those who fit, home office is once again an alternative, as well as a reduction in workload and contract suspension.
"It is a fact that not all types of work are liable to work in the home office. In these cases, for example, a worker belonging to the risk group who is called to work, being essential, and not coming for fear of contracting the disease, can be dismissed for just cause ", he warns.
Adequate working environment
In this context, what the employer of essential services can and must do is adapt the workplace to meet all health protection guarantees postulated as prevention.
"If the environment does not offer the recommended guarantees and the necessary protective devices for the worker, the removal of the worker becomes legitimate", ponders the lawyer.
With regard to the salary discount, Sérgio Vieira points out that the worker has a series of protected rights.
"In case of interruption of activities and consequently of the company's billing, as in the cases of lockdown that we currently see, the contractor can either suspend the employment contract, or reduce the workload. In such cases, the Federal Government must grant temporary stability of the worker, supplying based on the unemployment insurance value ", explains Sérgio Vieira.
Contamination and stability
In the event of a lack of examinations for suspected Covid-19, the worker is protected by the medical certificate.
"It is worth remembering that according to the provisional measure MP 927/2020, Covid-19 is not considered an occupational disease and does not generate stability.
Therefore, if there is unfair dismissal in this period of health crisis, the worker will receive the rights he enjoys in a normal context, such as salary balance, 13th proportional salary, FGTS withdrawal and so on, "guarantees Sérgio.
Source: Estado de Minas