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Coronavirus and workplaces

From 16 March 2020 until further notice, the workplaces must be fully adapted to what is defined by the Legislative Acts and the Ministerial Decisions and Circulars that specify the protection and prevention measures for the treatment of the coronavirus.

The constitutionally guaranteed rights of value and protection of life and health are the basic core of the state, while every public or private body must fully comply with the rules set, especially in case of emergency and endangerment of public health.

In this state of emergency, the public health and safety of all and in the workplace is paramount, although the managerial right applies, but it is subject to the requirements of the law, as clearly defined by the decisions.

The state decisions published so far from the first Legislative Content Act as well as those that will follow propose as an exclusively basic criterion the promotion of Public Health.

Quite simply, every company and body in the Public and Private Sector must take the appropriate organizational and management measures that specialize in government decisions, because workplaces are key points in controlling the transmission of coronavirus.

In this regard, all Services, Bodies and Companies must operate in accordance with the instructions of EODY and the General Secretariat for Civil Protection, and as they are reflected in the Decisions and take measures that ensure:

- the hygiene and protection of employees

 - the spatial distribution with the appropriate distance the promotion of operation through teleworking and the avoidance of gatherings any other possible measure and procedure for the protection of employees, employers, customers-citizens - the risk assessment and the weighting of the application adaptability measures with the ability to operate

Guidelines that analyze the proper functioning of the State (but whose organizational direction can be applied proportionally in the Private sector) are given in the Circular of the Ministry of Interior on the subject: Urgent measures for the prevention and protection from the coronavirus, and in point 7 On a rotating basis - security staff, it is stated that:

"In case of urgent need, in which the operation of the public service should be suspended or reduced, the number of employees who must be present in the service on a daily basis may be determined at the discretion of the relevant Minister or the competent administrative body of the institution. "With the possibility of rotating work or with the appointment of exceptional security personnel. In this case, the necessary measures are taken to ensure, depending on the nature of the object of the service, the possibility of providing work remotely using electronic means."

In addition to the issues of the Special Permit for Parents as well as for employees-members of vulnerable groups, which will be settled in more detail during their implementation, the main issue is the implementation of protection measures and the organizational regulation of space, working time and attendees.

In this process, the Decisions should be interpreted (with the help of legal advisers if possible) always as defined by EODY, with a view to avoiding transmission and the main criterion is the promotion of Public Health.

Any other parameter or criterion simply does not apply and is not applied, and for this reason the Personnel Managers together with the managers of each body should know and implement the decisions with the utmost care.

 

In this difficult situation, those who simply seek profit by disregarding the rules or applying them in an inadequate way should know that the penalties they will have are significant in addition to the defamation they will receive by publishing negative facts.

Such cases are the non-application of teleworking if the nature of the tasks is consistent with the technological possibility, the non-observance of the distances and the non-arrangement of the spaces for their application, the absence of hygienic materials.

In this situation, employees have every right to report the facts to the competent bodies and not to comply if the risk to their health is clear.

The measures apply without exception to the Public and Private sector and are specific to each body and company, while any inability to adapt to the requirements should be interpreted in favor of Public Health and not in favor of a function that does not meet the requirements.

It is an unprecedented situation, but it will be treated with knowledge and responsibility, but even when the intensity of the phenomenon ends, strict hygiene and protection measures must be applied.