|Abstract:||The outbreak of the new SARS-CoV-2 virus, which causes the COVID-19 disease, swept the world at the beginning of the year 2020. Countries all over the world have adopted intervention measures to prevent and limit the spread of the virus, as well as measures to help the economy. Due to the stop of public life, most private sector employers faced the problem of declining turnover and the consequent lower need for work, while others, especially grocery stores, faced an increased volume of work.
The adoption of intervention measures does not mean that the classic legislative framework ceases to apply, as the acts of the UN, the ILO, EU and ultimately the standard national legislative acts of individual countries have not lost their force. In certain cases, the intervention measures only amend standard acts and provide an additional option by introducing new institutes. The core problem of the employer during the COVID-19 epidemic is the decline in revenues, followed by less need for work. As a result, the question arises as to what options the employer has in terms of adjusting the work process and, above all, what rights the employee has as a weaker party to the employment contract.
Based on the standard national Labour law act, the employer has the possibility to unilaterally temporarily order the performance of other work, send the employee to wait for work at home and order him to work overtime. In agreement with the employee, the employer may amend the employment contract and consequently agree on the employee's work from home and last but not least, conclude an agreement with the employee on the termination of the employment contract. The dismissal of an employee must be the last resort used by the employer in this situation. The intervention measures have given the employer additional possibilities regarding the organization of the work process. Intervention measures such as co-financing temporary waiting for work and short-time work have proved to be very effective, as the large number of workers involved in these measures have managed to keep their jobs.
During and immediately after the epidemic caused by COVID-19 the worker may find himself in various situations. During the first few weeks of the outbreak of the SARS-CoV-2 virus, a large number of workers were unable to come to work due to force majeure, meaning the cessation of public transport, the closure of kindergartens or the closure of border crossings. The worker may also find himself in a situation where he has been ordered quarantine or isolation. A worker can also fall ill because of COVID-19, which is again a unique legal situation. In all the above situations, the employee is entitled to compensation, the basis for which is in both in standard and intervention legislation.|