The increase in cases of Covid-19 – mainly caused by the new variant Ômicron – and the outbreak of influenza cases that has hit Brazil since the end of 2021, has resulted in an increase in the number of employees on sick leave.
In the United States, for example, many businesses are operating for less time due to lack of employees, as well as thousands of flights being canceled due to the high number of sick crew cases. In Brazil, there are also hundreds of flights canceled for the same reason. The scenario has also postponed plans to return to face-to-face or hybrid work in different parts of the world.
In the midst of the public health crisis, whether due to Covid-19 or influenza, the CNN Brasil Business talked to some experts about workers’ rights at this time. Check out:
removal
I got Covid or influenza. And now? After the holidays, many workers who are in this situation may ask the same question.
The person who has proven Covid-19 cannot work in person, while the one who has symptoms must be removed and undergo tests. These are recommendations from the main world health bodies.
According to Luiz Guilherme Migliora, partner in the labor area at Veirano Advogados, if the worker is not feeling ill, he can propose remote work, but he should not be forced by the company to do so.
“The person with Covid should not have to work, but they may be in an asymptomatic situation and therefore may be willing to work remotely. But never be forced to work under these conditions,” he said.
isolation time
The worker’s time off may vary according to each doctor. The Ministry of Health announced, this Monday (10), the reduction of the quarantine from ten to seven days for people with mild and moderate cases of Covid-19.
In addition, if on the fifth day the patient has no respiratory symptoms or fever and has not used medication for 24 hours, he can perform the test.
If the result is negative, the isolation can be terminated. With the positive result, the quarantine must continue until the tenth day.
The state health secretary of São Paulo, Jean Gorinchteyn, confirmed, in an interview with CNN, that the state will follow the norms of the MS.
Medical evaluation
It is worth reiterating that the isolation deadlines may be different for each person, depending on the case. In this case, Luiz Guilherme Migliora states that the “worker must, without a doubt, follow the recommendation of his doctor”.
“If the professional stipulated more time off, it is because the case in question has specific issues for this longer period”, said the lawyer.
The scenario created determines that the worker presents the diagnosis to the company that works and the doctor’s recommendation of more rest days than stipulated by the health authorities.
According to Marcia Kamei, national coordinator for the Defense of the Work Environment (Codemat) of the Public Ministry of Labor (MPT), if the company does not accept the doctor’s report and insists that the employee return to the job, the same may refuse to to work.
“Convention no. 155 of the ILO, in its art. 13, provides for the employee’s right to refuse when there is imminent and serious danger to his life or health”, he pointed out.
In addition, Kamei points out that the company may incur administrative infractions for non-compliance with the guidelines of the Occupational Health Medical Control Program – PCMSO and for non-compliance with sanitary standards.
Remuneration
Another question that may be recurring is in relation to the worker’s remuneration while he is absent because of Covid or even influenza.
Luiz Guilherme Migliora explains that the general rule is that up to 15 days of leave, the company is obliged to pay the employee’s remuneration if he is incapacitated. From the 16th day onwards, the employee starts to enter the INSS list.
Quarantine break
In cases of illness, even more so in a pandemic scenario where everyone is susceptible to contagion, some decisions and actions on the part of the employee can result in dismissal.
Labor lawyer Henrique Melo, from NHM Advogados, explains that breaking isolation is one of these situations.
“In the case of employees who have received a positive diagnosis of Covid-19, or who, even if removed by their doctor in cases of influenza, break isolation and appear at the company without being authorized, there may be punishments, which include dismissal”, he said. .
“The motivation in these cases would be the safety of all the other employees and also the failure to comply with the determination to remain away or even work remotely”, he added.
The lawyer emphasizes that the labor legislation establishes the company’s duty to ensure the safety of the work environment and the health of its employees.
vaccine refusal
The mandatory vaccination against Covid-19 for the return to work is a topic that generates debate since the beginning of the vaccination campaign and there are still doubts.
After all, if the employee does not want to be vaccinated against the new coronavirus, can he return to the company and live in the same environment as those who completed the immunization?
According to labor lawyers Pricila Farias and Cristiane Albino Barreiros, partners at Minieri Barreiros e Farias lawyers and associates, the majority view is that just cause can be applied.
“If the employee continues to unjustifiably refuse the vaccine, the majority understanding is that the just cause can be applied, observing the listed conditions”, they said.
The lawyers make the reservation that “the matter is very controversial and recent, and it is possible that the understanding will be changed and, therefore, requires a lot of caution from the company before applying the just cause, deserving a deep analysis in each case” .
Testes
Finally, after the person follows the recommended isolation protocols, will he be able to return to face-to-face work, or should he undergo a diagnostic exam?
“Test is not required by law. Some companies may require it, but if they do, they have to pay or send the employee somewhere where he can take the test for free”, explained lawyer Luiz Guilherme Migliora, partner in the labor area at Veirano Advogados.
“If the person does seven days of quarantine and is asymptomatic, he can return to activity without an exam. The tests are being requested by some companies out of overzealousness, which is justified, but then the companies themselves must bear the costs”, he added.
Reference: CNN Brasil
I am Sophia william, author of World Stock Market. I have a degree in journalism from the University of Missouri and I have worked as a reporter for several news websites. I have a passion for writing and informing people about the latest news and events happening in the world. I strive to be accurate and unbiased in my reporting, and I hope to provide readers with valuable information that they can use to make informed decisions.
