How quarantine will affect earnings and is it possible to postpone vacation: on the rights of workers during an epidemic

Can I be forced to take a vacation at my own expense if I was abroad?
What if I don't want to isolate myself and will work?
Can I be transferred to a remote location by force?
The employer is silent. Can I ask for a remote location myself?
But the child still has no one to leave with. If I don't show up for work, will I be fired for absenteeism?
My job doesn't allow me to work remotely. Can I be left without a salary?
What about vacation? I won't be able to go on vacation now, can I reschedule it?

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

Life hacker answers the most common questions.

Can I be forced to take a vacation at my own expense if I was abroad?

If you return from another country, you are obliged to isolate yourself from society for 14 days. In this case, you must independently report your arrival from abroad by calling the hotline in your region or, if you feel unwell, immediately call an ambulance. You will be discharged from sick leave for the entire period of isolation - and paid for it. All expenses of the company for this are compensated from the Social Insurance Fund.

On the other hand, the employer must make sure that you are isolated. The Federation of Independent Trade Unions of Russia admits that this can be done at the expense of vacation - paid or unpaid. But for this you need to adopt a local normative act, and not just press and threaten.

In any case, it is in your best interest not to hide from health workers and get sick leave from them.

What if I don't want to isolate myself and will work?

Not that you have a choice. If you did not crawl the border on a site in a dense forest, but crossed it in a specially equipped place, information about this is in the databases. So, when it turns out that you have not isolated yourself, you can be brought to administrative responsibility.

Pavel Kokorev Leading Lawyer of the European Legal Service

A citizen can be punished with a warning or a fine of 500–1,000 rubles, his employer - a fine of 2–4 thousand rubles.

Can I be transferred to a remote location by force?

Transferring employees to a remote mode of work is a fairly common recommendation, including from government agencies and officials. For example, Moscow Mayor Sergei Sobyanin asked employers in the capital. But while you cannot force you to go to a remote location, you can only be offered. And your right is to refuse or agree. But everything will change if the emergency mode is introduced.

In this case, employees can be transferred to remote work without their consent for up to one month. The employer's decision will be enough.

Pavel Kokorev Leading Lawyer of the European Legal Service

In this case, the employment contract is not terminated. But the transfer to the remote site must be formalized by an additional agreement to this document. The agreement must state:

how the format of work changes (for remote), for how long, what kind of work and rest schedule you will have;
how much you will receive (if the amount of work has not decreased, the salary should remain the same);
how you will exchange documentation;
whether you are required to provide working tools and how this will happen;
whether there is compensation for the fact that you will use your Internet, electricity, and in what volume;
how the employer will monitor the performance of work duties.

The employer is silent. Can I ask for a remote location myself?

Yes, you can make a free-form application. The Federation of Independent Trade Unions of Russia advises the trade union recommendations to workers in connection with the coronavirus to use as an argument not only the coronavirus, but also other circumstances. For example, your child's kindergarten has been quarantined and you cannot leave him alone at home.

At the same time, the manager is not obliged to agree to your terms.

But the child still has no one to leave with. If I don't show up for work, will I be fired for absenteeism?

Dismissal for truancy can be avoided if the reason is valid. Unfortunately, there is no clear list of compelling excuses, options are possible here. For example, one man was fired for not showing up for work. He did not come because his wife was hospitalized and there was no one to leave the child with. The court found the reason to be valid. However, this is a force majeure situation. If you walk two weeks, especially when you were warned about the quarantine in advance, it will look different.

On the other hand, if you did not go to work because you were unable to return to the country on time due to canceled flights and border closures, your chances of success are high.

My job doesn't allow me to work remotely. Can I be left without a salary?

No. If you are unable to work due to the threat of the coronavirus, the downtime is not your fault - but also not the employer's fault. In this case, the law requires you to pay at least 2/3 of your salary or wage rate.

What about vacation? I won't be able to go on vacation now, can I reschedule it?

If the vacation schedule is agreed, the employer is not obliged to accommodate you and change the dates of your vacation. So it all depends on your relationship with the management.