Up Again: People

People Q&A
What options do employers have and/or what are you seeing in terms of re-opening the workplace e.g. phased returns, rotating shifts, staggered working hours, etc.?

Currently remote working, if possible, is recommended in Finland until further notice.

Before returning to work fully or gradually, the employers need to investigate and assess the risks relating to working at the workplace during the circumstances relating to corona. The assessment will be made in co-operation with the occupational healthcare and the company’s health and safety organisation. Employees who have a higher risk of infection should also be taken into consideration in the risk assessment. The risk assessment should be updated before employees return to work and continuously as the situation evolves.

Instructions from the authorities should be followed. The Finnish Institution of Occupational Health and the Health and Safety Authority have provided guides and instructions on returning to work and on safety at work:

https://www.ttl.fi/en/fioh-guidelines-for-workplaces-to-prepare-for-the-coronavirus-epidemic/

https://www.tyosuojelu.fi/web/en/working-conditions/biological-agents/corona

Phased returns, rotating shifts and staggered working at the workplace may be used when returning to work but based on the risk assessment.  Contractual working hours or setting of the working hours should not, however, be amended unilaterally.

As far as possible, the employees should be treated equally in returning to work yet taking into account the health and safety aspects.

In addition to the actual return to work policy, the employers should also consider whether sick leave and remote working policies require updating to meet the current situation.

Furthermore, the employees should be well instructed on when not to come to work and how to act if the employee has symptoms.

 

Does an employer have to give notice to employees to return to the workplace?

There’s no set time frame but the employees should be well informed and trained about the practices relating to the return in good time beforehand.

External labour should also be informed of the practices.

Is an employer obliged to consult with employees/representatives about the return to work process?

Matters relating to the employees’ health and safety and changes thereof, such as matters relating to corona and return to work policy, must be handled in co-operation in the health and safety committee which is a statutory organ at workplaces with at least 20 employees. At smaller workplaces the return practices should be discussed with the health and safety delegate which is a mandatory employee representative at workplaces employing at least 10 employees.

It is also advisable to co-operate with the occupational healthcare whose expertise should be used in the risk assessment and in drafting the action plan in case an employee falls ill at the workplace.

At all workplaces it is advisable that the return to work policy will be handled with managers and all employees are sufficiently instructed of the return for example in a town hall meeting.

Are there any requirements or recommendations for employees to wear or employers to provide masks or other protective equipment in the workplace?

The need for protective equipment shall be made on the basis of the risk assessment and complying with the recommendations of the authorities.

The Finnish Institute of Occupational Health has advised on use of protective equipment:

https://www.ttl.fi/en/fioh-coronavirus-instructions/?_ga=2.262879564.1919262283.1590155121-1480550614.1586165912

In general, the employer must provide and pay for masks, gloves or other protective equipment at workplaces where the risk of infection is high and employees’ exposure cannot be prevented by avoiding or limiting social contacts. This may be the case for example in customer services or where there are continuous contacts with other people, including open-plan offices. Regarding masks, there are mandatory requirements that such masks must meet.

If protective equipment is used, the employees must be instructed on proper use of the equipment.

When can business travel resume and what are the key considerations for employers?

Per May 2020, the recommendation of the Ministry of Foreign Affairs is that all unnecessary traveling should be avoided. Necessary business travel is, however, allowed within the Schengen area.

The employers should update the business travel policy by defining the countries where traveling is possible and under which circumstances. The decisions and recommendations of each country should be complied with.

The Finnish Institute for Health and Welfare has instructed a 14 days’ quarantine after returning from abroad which should be taken into account in the business travel policy and in the employees’ possibilities to return to the workplace after a business trip. Currently employees arriving in Finland from abroad may be placed in quarantine-like conditions (i.e. without been infected with the virus) and therefore the employee will be absent from work. If remote work is not possible, the employee will not be paid salary but the employee may be entitled to a benefit from the Social Insurance Institution of Finland. The benefit Social Insurance Institution of Finland Social Insurance Institution of Finland Social Insurance Institution of Finland Social Insurance Institution of Finland equals to the parental allowance and may be applied until 31.8.2020.  

If an employee falls ill during a business trip or is being put on quarantine, the employee is entitled to either sick pay paid by the employer or to quarantine allowance from the state.

As the borders will gradually open, it is as important to update the policy on personal travel, voluntary and mandated quarantines, falling ill during the trip, and sick pay.

In addition, employees should be advised on commuting with public transport and the risk assessment should also take into account employees using public transport.

 

If schools remain closed, can working parents continue to work from home?

Remote working shall be agreed on and parents do not have an absolute right to stay home. It is also possible to agree on taking holidays or other leave.