Opportunities, rights and obligations of employees in a state of emergency

Home office

In case of a state of emergency, the employer unilaterally and without the consent of the employee, may order working from home or teleworking, if the nature of the job under the job description allows that.
In the order, the employer can change only the workplace, not the other elements of the labour agreement.
In case of home office order, the employer should provide the employee with the necessary equipment/software at his own expense in order to enable the employee to perform his/her work. The employer should provide devices for communication as well.

Temporary suspension of work

In case of suspension, the employer may unilaterally change the place and nature of the employee’s work without their consent while the suspension is in progress.
In case of a suspension for more than 5 working days, the employer has the right to unilaterally grant the employee their paid annual leave.
During the suspension, the employee is entitled to his/her nominal remuneration.

Full or partial suspension of work

In case of a state of emergency, the employer may unilaterally suspend the activity of the company, part of it or individual employees.
The suspension shall be declared by a written order with a maximum duration up to the end of the state of emergency.
When the activity of the firm, part of it or the activity of individual employees is suspended, the employer has the right to grant the employees their paid annual leave without their consent, including employees who do not have 8 months of work experience. The period of paid annual leave is recognized as work experience.
During the suspension, the employee is entitled to his/her nominal remuneration.

Part-time work

For the whole period of declared state of emergency, or for part of that period, the employer may unilaterally establish part-time work in respect of employees with a full-time contract.
The working hours may not be less than half the legally stated working hours.
In case the work of the company goes down, the employer may establish a period of up to 3 months of part-time work for the employees (in case the state of emergency lasts for a shorter period). This, however, can be done after prior agreement with the syndicate.

Employer’s obligation to provide paid/unpaid leave at an employee’s request

In case of a state of emergency, the employer is obliged to provide paid/unpaid leave at the request of certain categories of employees explicitly listed in the law. The period of paid/unpaid leave is recognized as work experience.

Employer's right to provide paid leave to an employee

In case of a state of emergency, without taking the measures/actions described above (suspension, termination of activity of the whole/part of the company, etc.), the employer may unilaterally and without the consent of the employee provide him/her with up to one half of their paid annual leave.

Reimbursement by the NSSI for part of the amounts paid as salaries to employees by the employers

During the validity period of the Law on Measures and Actions during the State of Emergency (in force since 24.03.2020), but for a period not exceeding 3 months (not later than 24.06.2020), The National Social Security Institute (NSSI) will provide 60% of the amount of the insurance income of the employees for January 2020 in favour of the employer (as "insurer"). The criteria for the categories of employers (as "insurers") who will be entitled to receive these amounts from the NSSI you can find it HERE

Termination of employment by the employer with notice period

In case the work of the company goes down or the suspension of work lasts for more than 15 working days, the employer may unilaterally terminate the employee's labour agreement with notice period.