Kennisbank

FAQ Corona virus for flex workers

The corona virus has a great impact on everyone. These are unprecedented and uncertain times, especially for flex workers. Please find below an overview of all questions you might have in your situation during the corona crisis.

FAQ Coronavirus voor flexkrachten (Nederlands)

Please note that this FAQ will be updated on a daily basis.

Whenever new measures or updates are announced, you will find the implications for flex workers below. Monitor this page for the latest information, but do not hesitate to reach out through the contact form below if you have any additional questions. 

 

FAQ Corona virus for flex workers

 

1. Am I entitled to salary payments when I am unable to work due to the coronavirus?

This depends on the specific reason due to which you are unable to work. Two situations are described below.

  1. You cannot work because you are infected with the coronavirus.The same rules apply as when you would be sick in normal circumstances. You are entitled to 90% of your normal salary in the first year (in compliance with the collective labour agreement). The standardized illness guidelines for flex  workers apply here.
  2. You cannot work due to another reason than your own illness. For example; you are in self-quarantine or you are home because your company is closed. In these circumstantial situations in general the rule is that you are entitled to salary payments, unless the reason that you are not working is your fault. If you are obligated to remain home (e.g. self-quarantine or company closure), then you are not sick, but you do remain the right to salary ifyour contract stipulates a set number of hours.
2. I’m in quarantine under strict instruction by the RIVM (Dutch National Institute for Public Health and the Environment). Will my salary payment continue?

Yes. if you are obligated to stay in quarantine, depending on your labour contract. You can find the type of contract in Pay4me.

3. How long will my salary payment continue?

This depends on the type of labour contract that you have. Please note that if or when your salary stops, you will be able to apply for social benefits of the UWV (Employee Insurance Agency). You can find your type of contract in Pay4me.

4. My employer is no longer offering me work due to the coronavirus. What happens now?

Your employer can always decide to terminate the work, but whether you still receive your salary depends on the type of labour contract you have. If your salary payments stop you can apply for social benefits. The consequences of the coronavirus for your salary payments depend on your contract type. You can find your type of contract in Pay4me.

5. Can my employer apply for ‘shortening of working hours policy’ or compensation in wage costs? (UPDATE: NOW 2.0 and TOFA)

Due to the coronacrisis the ‘shortening of working hours’ arrangement is no longer in effect. The government supports employers with several other regulations, among which the NOW-regulation  (the temporary “Emergency Measure Bridging for the Retention of Employment”). The arrangement initially covered the period from March 1st to May 31st 2020. Meanwhile the regulation is extended with the period from June 1st to September 30th 2020 (NOW 2.0).

The NOW scheme offers a employers, who expects to be confronted with a substantial decrease in turnover due to the corona crisis, a subsidy which compensates a part of the wage bill.  The government calculates the amount of the contribution for the wage costs of employees based on the decrease in turnover from their employer. We are your legal employer and therefore we receive the compensation for flex workers, based on the loss in turnover of our parent company; the Brisker Group. We will then consult your employer.

For our customers we carry out the NOW regulation with a ‘corona idle hours arrangement’. We emailed our customers about the method and conditions of our arrangement. If your help is needed, you have received an email from us.

 

TOFA

The TOFA (Temporary Bridging Scheme for Flexible Workers) is a scheme for flex workers who (almost) no longer have any income due to the corona crisis. We do not play a role in this scheme; flex workers can submit an application for an allowance to the UWV. The scheme is expected to open at the end of June.

6. What should I do if I think I'm infected with the coronavirus?

Call in sick with our service desk at +31 (0) 10 – 311 28 10. Naturally, call your doctor as well.

7. Can I invoke my right to short-term emergency leave if I have to stay at home to take care of my kids?

Yes, you can invoke your right to a short-term emergency leave, but only for a short duration. For instance, if you have to stay home for children that fall ill, or when the day-care suddenly closes. You also have the option to use your regular number of days off. The duration of the number of consecutive days of your leave of absence depends on your type of labour contract and your accumulated reservations.

8. Can my employer force me to comply to preventative measures?

Yes. You are obligated to follow orders in the category ‘reasonable instructions in the method in which your work should be executed’. This includes hygiene instructions to avoid a coronavirus infection. When you decide not to follow your employer’s instructions, the employer is allowed to take action.

9. I don’t want to work because I’m afraid of getting infected by the coronavirus. Can I stay home?

If you are not especially at risk in the work you do, your employer is allowed to obligate you to come to work. If you decide not to comply, this officially indicates ‘refusal of work’ and your salary payments could be terminated. You will receive a warming before this happens. When you find yourself in this situation it could be better to take some holiday days.

Are you afraid of infecting your colleagues? If you have compelling reasons to think you might pose a risk to you colleagues, such as a holiday in Italy, then you are right in staying home. Please consult your employer about a solution, for instance working from home.

10. Is my employer allowed to measure my body temperature (to prevent corona virus contamination in the workplace)? UPDATE

Yes, your employer is allowed to measure body temperature of his workers during the corona crisis. He is allowed to measure body temperature of his workers under strict conditions. These conditions are best explained by following example. When he decides to measure body temperature of his employee, he should ask his employee to read the measurement and let his employee to decide to call in sick or go to work. Your employer is not allowed to register the measurement.

Note: The Dutch Data Protection Authority states body temperature checks could feel like an invasion of privacy. Moreover, the RIVM claims only a small part of the corona infections show an increase in body temperature.

If your employer suspects you are sick, he is allowed to send you home and advice you to call your doctor. Confirmation of a corona infection does allow your employer to deny you access to the workplace.

11. Is my employer allowed to ask after my health?

There are strict privacy rules for this situation. Your employer can ask you where you’ve been on holiday and is also allowed to ask after your health. However, you are not obliged to provide your employer with an answer. If you do answer, your employer is not allowed to document your response. This also goes for Pay for People, your legal employer.

 

Any other questions?

Did you not find your answers on this page? Please do not hesitate to reach out through the contact form below.

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