06/09/2021 | Press release | Distributed by Public on 06/09/2021 09:51

Coronavirus – a practical guide for employers in the Czech Republic

• Czech Republic

09-06-2021

We are continually updating this guide in response to the gradual publication of official information by public authorities. Latest update: 9 June 2021 (Wearing of masks, Public events, Retail, Antivirus).

We are bringing employers up-to-date practical recommendations and advice.

Česká verze k přečtěníZDE.

Emergency measures in the Czech Republic

Although there is no longer a state of emergency in the Czech Republic, it is still necessary to follow the following emergency measures.

1. Wearing masks

• All persons in the Czech Republic must wear respiratory protective equipment (mouth and nose) such as a respirator without breathing ventilation (FFP2, KN 95) or medical face masks, namely:

• in all interior spaces of buildings, outside their place of residence, or place of accommodation;
  
  • only a respirator is acceptable in service outlets, establishments providing services and in school facilities;

• in all publicly accessible places in the built-up area of the municipality;
  
  • only respirator is acceptable on public transport;

• From obligation to wear respiratory protective equipment is exempted e.g.

• children that have yet to begin school;

• children and teaching staff in classes, expect in Jihočeský, Liberecký and Zlínský regions;

• patients if they are hospitalized in inpatient health care facilities and if this is necessary for the provision of health services;

• persons in the course of work at the workplace or in the course of other similar activities while carrying out that activity in one place without another person being present (customer, client, business partner) except in Jihočeský, Liberecký and Zlínský regions;

• the parties to the court proceedings, at the place and time of the court proceedings;

• persons performing work classified in the third or fourth category of the risk conditions;

• customers during food consumption;

• athletes during training or competitions or exercising persons;

• persons in the interiors of swimming pools, aquaparks or saunas;

• public transport drivers, if they are separated by themselves from the rest of the space in an enclosed cabin;

2. Foreign travel and entry of foreign nationals

• Currently, the Ministry of Health keeps a list of countries with a low risk of infection and a list of countries with an extreme risk of infection.

• Countries are divided into 5 categories: green countries (low risk) and orange countries (medium risk), red countries (high risk), dark red countries (very high risk) and black countries (extreme risk).

• Persons traveling from orange, red or dark red countries are obliged to:

• fill in an electronic arrival form before entering Czech territory and hand in such form when crossing borders

• wear a FFP2 respirator or a medical face mask when outside the home for the duration of 14 days

• Travellers must undergo other obligations depending on whether they are Czech / EU citizens or third-country nationals or whether they have arrived by public or individual transport:

• Persons travelling from the orange countries are obliged to have a written confirmation of a negative result of an antigen test (not older than 24 hours) or PCR test (not older than 72 hours) before entering the Czech Republic.
  
  • A citizen of the Czech Republic / EU traveling by individual transport does not have to pass a test before entry and the territory of the Czech Republic, however, he must undergo an antigen or PCR test no later than the fifth day after arrival.

• Persons travelling from the red countries are obliged to have a written confirmation of a negative result of an antigen test (not older than 24 hours) or PCR test (not older than 72 hours) before entering the Czech Republic. These persons are then obliged to take a PCR test on the territory of the Czech Republic after no sooner than 5 days of entry.
  
  • A citizen of the Czech Republic / EU traveling by individual transport does not have to pass a test before entry and the territory of the Czech Republic.

• Persons travelling from the dark red countries are obliged to have a written confirmation of a negative result of an antigen or PCR test before entering the Czech Republic (the test must not be older than 48 hours). These persons are then obliged to take a PCR test on the territory of the Czech Republic within 5 days of entry. The test result must be submitted to the Regional hygienic station (KHS).
  
  • It is enough for a Czech / EU citizen to submit a negative result of an antigen test before entering the territory of the Czech Republic (not older than 24 hours).

• Persons travelling from black countries are required to have a written confirmation of a negative PCR test result (the test must not be older than 72 hours) and afterwards undergo two PCR tests (first one within 24 hours of arrival and the second one not earlier than the 10th day after arrival).

• From a citizen of the Czech Republic / EU submission of a negative antigen test result (not older than 24 hours) suffices.

• Only following persons are exempted from the above-mentioned obligations (does not apply to black countries):

• International transport workers;

• EU citizens or foreigners with a long-term stay in the EU who transit within 12 hours through the Czech Republic;

• Members of diplomatic missions;

• Persons under 5 years of age;

• Travellers to or from the neighbouring countries (Germany, Austria, Poland, Slovakia) for less than 24 hours);

• Cross-border workers, pupils and students;

• Persons traveling or returning to the Czech Republic for the purpose of work or teaching are subsequently obliged to submit to their employer or educational institution a negative test result, which these persons take in the Czech Republic, otherwise they will not be allowed to enter the workplace or educational institution.

• Other third-country nationals traveling from 'dark red' and 'black' countries, if they do not fall under one of the above exceptions, will be allowed to enter the territory of the Czech Republic only:

• if the entry of a foreigner is in the interest of the Czech Republic;

• to international transport workers;

• members of diplomatic missions;

• in urgent emergency situations (provision of health services, fulfilment of obligations imposed by a state authority, necessary care for family members, humanitarian aid).

3. Mandatory quarantine

• Quarantine is ordered for the period of 14 days.

• All providers of health services in the field of general practice are required to order quarantine

• to all persons with a positive result of the RT-PCR test and, the quarantine will be terminated only in case of persons who do not show clinical signs of the COVID-19 disease, even without performing an RT-PCR test or POC antigen test;
  
  • only in case of health and social care workers, the quarantine will be terminated on the basis of a negative test result;
  • in case of persons showing clinical symptoms, the quarantine will last for the entire period of occurrence of these symptoms and will end in 3 days, the person will not show symptoms and will be terminated even without performing an RT-PCR test.

• to all persons who, on the basis of the epidemiological inquiry, have been identified as having been in close contact with a positively tested person, for a period of 14 days from the date of the last contact with the positive person;

• In the event that a person who has been 'only' ordered to quarantine (this person does not exhibit symptoms) occurs in a common household, the quarantine is not automatically ordered for the whole household and all its members. In this case, it is recommended:

• to limit as much as possible both contact with the quarantined person and contact with the public;

• the quarantined person should use their own towels and other personal items;

• disinfect common areas.

4. Schools

• From 24 May 2021 the following will be able to return to school facilities in all Regions:

• all pupils and students without the rotation principle and being present in the class

• There are limits for:

• schools in nature and school trips;

• sport activities as a part of the curriculum (exluding fields where sport activity is major part of the curriculum).

• Pupils and participating in full-time teaching are allowed to be present in a school facility only after passing an antigen test with a negative result, which has to be taken atleast 1x per week. Testing is not mandatory for children up to 6 years of age and for persons, that:

• Prove, they suffered from COVID-19 in the last 180 days and the isolation period is over

• Have been vaccinated againts COVID-19 and prove:
  
  • that it is at least 22 days since application of first dose of two-dose vaccine, but not more than 3 months;
  • that it is no more than 9 months since application of second dose of two-dose vaccine;
  • that it is at least 22 days but no more than 9 months since application of single-dose vaccine.

5. Ban on public and private events, leisure time

• Concerts and other musical, theatrical, film, other artistic performances and sport matches and events can take place, given that the number of spectators is not higher than 50% of full capacity and that the number of spectators is not higher than 2000 for outdoor events and 1000 for indoor events.

• Consumption of food and drinks is prohibited for now.

• Participation in public events is conditional on passing a test or undergoing vaccination (more in conditions for retail and services).

6. Retail and services

• All retail and service establishments can now be open to public.

• In all retail and service establishments, the operator is obliged to comply with following rules:

• do not allow more than 1 customer per 15 sq. meters;

• actively prevent aggregation of customers and ensure queue management;

• place disinfectants on frequently touched objects (handles, railings, shopping carts);

while specific establishments are obliged to also follow special rules (more below)

• From 24. 5. 2021 is now allowed to provide acommodation services to the general public for recreatinal purposes for a maximum period of 7 days.

• Catering services may only be provided under certain conditions:

• only 4 person may sit at one table;

• more than one person can be seated at a long table when keeping a distance of 1,5 m between the groups;

• Shopping centres with a sales area exceeding 5000 m² are required to:

• not to provide wireless internet connection to the public;

• not operate children's corners;

• visibly mark spacing instructions.

• Farmers' markets can only take place if:

• the distances between individual points of sale will be at least 4 meters;

• the sale of food and meals intended for direct consumption will not be allowed.

Behaviour of employees in the workplace and obligations of the employer

It seems that the second COVID-19 wave has arrived and is worse in terms of infectivity. It seems that the spreading of COVID-19 is perhaps on a slow retreat. Stores and services will be gradually opened according to prognosis. Other employers should still allow home office for their employees, if the conditions of service and the nature of their work allow so.

It is still necessary for people in the workplace to be considerate of each other and to comply with following rules.

Employers should constantly monitor the situation regarding the development of the coronavirus epidemic and adapt their work activities accordingly.

The employer is still generally obliged to comply with the requirements relating to safety and health at work. It should therefore assess all the risks associated with the performance of the work in question and take appropriate measures to that end, in particular in the form of:

• informing employees (and possibly trade unions) about the current situation, the need for prevention against infection (e.g. increased compliance with hand hygiene) and about newly adopted measures;

• consider the need to travel abroad and meet in person with business partners, and to make maximum use of distance communication;

• prevent the gathering of customers and employees (e.g. in the elevator, when boarding shifts, in changing rooms);

• require customer spacing of at least 2 meters (compliance with staff spacing can also be recommended);

• place disinfectants for employees and customers close to busy places (handles, railings) and often ventilate;

• order employees to wear gloves when contacting goods or receiving payments from customers, and provide them with them;

• instruct employees with COVID-19 symptoms (fever, cough, loss of taste and smell, etc.) not to come to the workplace;

• check the safety of the machines used and the possible expiry of the inspection certificates;

• if possible, allow employees to work from home.

Employers who employ employees who have arrived from risk countries are obliged to request from the employee a negative result of the test, otherwise they must not allow these persons to enter the workplace.

Testing of the employees

During March, the government ordered mandatory testing of all employees by the employers.

• From 28 April, the every employer is obliged to provide POC antigen tests for employees with health service provider or approved tests performed by a lay person, with a frequency of at least once a week.

• From 6 April, the employer may allow entry to the workplace only to employees who have passed the RT PCR test, POC antigen test or other test provided by the employer directly at the workplace

For the purposes of ensuring testing, as of 9 March, the employer is obliged to consider (and ensure regular testing for them) as his employees also:

• Temporary staff of an employment agency

• Any person who, on the basis of a 'non-employment relationship', performs work or similar activities at the employer's workplace together with his regular employees, such as employees of suppliers (but not persons who provide distance services)

Employees are obliged to undergo testing at the request of the employer. Employees may not be admitted to the workplace after the stated dates without a negative test in the last 7 days. If the employee is not present at the workplace on the day of testing, the test will be performed on the day of his arrival to the workplace.

Testing self-employed persons

• Newly, self-employed persons must also take part in the testing, when all persons who perform their main activity in the Czech Republic may enter their workplace or place of work from 6 April at the latest only if they have passed a negative test in the last 7 days.

The test does not have to be taken only:

• by people who have demonstrably suffered from COVID-19 in the last 90 days and do not show any symptoms;

• by employees working on home office;

• has already been vaccinated against COVID-19 and provides a certificate issued by the Ministry of Health of the Czech Republic, proving that:
  
  • at least 22 days have passed since the first dose of the two-dose vaccine, but not more than 90 days if the second dose has not been applied;
  • at least 22 days have passed since the first dose of the two-dose vaccine, but no more than 9 months if the second dose has already been applied;
  • at least 14 days but no more than 9 months have passed since the dose was applied for a single-dose vaccine.
  
  
• by self-employed persons who do not meet third parties at their workplace or at the place of work (third parties do not include persons living in the same household).

The employer may use an occupational physician, occupational health service provider or other external health care provider to test employees. If the employer is interested, he can buy test kits at his own expense, through which he will test his employees. The employer will then be entitled to a contribution from VZP in the amount of CZK 60 per test (maximum 4 tests per employee and month).

Due to the congestion of public testing centers, it is not recommended to test staff in these centers, which are primarily intended for general testing of the rest of the population (but it is still possible).

According to the current decision of the government, the mandatory testing in businesses should end at 1. 7. 2021

More information about testing of employees can be found HERE.

Monitoring the private lives of employees

Employees may be required to provide information on the risks associated with coronavirus, such as whether they have not been abroad or have met an infected person. On the other hand, it may be difficult to punish employees for a false or incomplete answer.

Practically we advise employees to notify their employer if they have been abroad and of the obligation to contact their attending physician in case of symptoms of an infectious disease, as well as the possible consequences that concealing the journey to abroad may have, including compensation of damages, labour law and misdemeanour offences, and in extreme cases, criminal liability.

Likewise, the employer has the right to strongly advise employees not to travel privately to countries with a high risk of infection. But it cannot forbid private trips altogether.

What to do with an employee suspected of being infected?

If the employer is worried that the employee may be infected, we recommend agreeing (by telephone) with the employee that they report their health condition to their personal doctor or the relevant regional public health station. They will decide on the need to perform a coronavirus test and to possibly order quarantine.

In the event that it is decided that there is no need to test the employee, the employee can come to one of the collection points himself and have himself tested at his own expense. However, the employer cannot compel the employee to do so.There may be a case where the symptoms of COVID-19 can be seen in the employee, but the disease has not been confirmed by a doctor. However, as a precautionary measure and as a result of compliance with the precautionary obligation, the employer may endeavour not to keep the employee in the workplace, even if the employee insists on performing the work.

The conclusion as to whether this is an obstacle on the part of the employer or the employee is not clear.

In this situation, we recommend that you agree with the employee on another, alternative performance of work, e.g.:

• Work agreement from home- an option conditional on the employee's consent, if the nature of the work allows it.

• Send employees 'for obstacles'- the possibility even without the employee's consent, the employer must pay compensation of wages in the amount of average earnings.

• Compensatory leave - if the employee has worked overtime, the employer may order him to take it.

• Unpaid leave- based on the employee's request, the employer can allow him to take unpaid leave.

• Leave- the possibility to order an employee a leave, even without his consent; however, leave must be ordered 14 days in advance, unless a shorter period has been agreed.

• Cancellation of planned shifts- the possibility for employees to modify the shift schedule, even without their consent; however, the shift schedule must be set 14 days in advance, unless a shorter period has been agreed.

Employee has been quarantined

If an employee has been quarantined by a public health authority (the relevant regional public health office or even an attending physician), this constitutes an obstacle to work for which the employee is entitled to wage compensation as in the case of normal incapacity for work. This means that the employee is entitled to wage compensation of 60% of the average earnings (calculated from the reduced basis under the Labour Code) for the first 14 days of quarantine and from the 15th day will receive sickness benefit from the sickness insurance system.

An act has been passed on the basis of which employees are entitled, during the period of a 14 day quarantine, to a 370 CZK / day compensation from their employer in addition to compensation of wages of 60% of average earnings.

However, the total sum of the allowance and the compensation of wages may not exceed 90% of the average earnings of the employee. Employers will be able to deduct the amount of the contribution paid from the social security premium and the contribution to the state employment policy.

The employee is obliged to inform the employer of the quarantine order without undue delay and to document the obstacle to work.

If the employee was diagnosed with COVID-19, the employer must inform all other employees by suitable means. Details about specific person are provided only in scope necessary for protection of health and in such way, that causes no harm to dignity and integrity of such person. Specific details should only be provided to affected colleagues.

The employee is afraid to come to work

The Labour Code gives the employee the right to refuse to perform dangerous work. However, the refused work must directly and seriously endanger the employee's life or health, or the life or health of others. The refusal test is thus very strict and will not be fulfilled by the average employee at this point in case of concern about coronavirus infection.

Generally, in such cases, we recommend hearing the employee's concerns and working together to find a solution that will meet their needs. This may include the possibility of working from home, taking leave or providing unpaid leave. Should an employee still refuse to come to work, this is an unexcused absence for which the employee may be penalised.

Of course, there may be more complicated cases that need to be assessed individually (persons with compromised immune system, difficulty breathing, heart disease, diabetes, pregnancy, etc.).

Closure of schools - nursing and return to work

At present, pupils and students can visit school facilities again. However, there constantly situations, where whole groups of children are isolated due to contact with the infected person it is therefore necessary to deal with the problem of nursing and the need for parents to look after their children. At the same time, it is necessary to think about the situation when the child himself will be infected and the parent will have to stay at home with him.

At present, the nursing is regulated by a special law that regulates nursing requirements during the spread of the coronavirus pandemic and closure of school facilities.

By its wording, employees should have claim to compensation, if they are taking care of:

• child younger than 10;

• dependent children attending school, relying on the care of another person (from grade I onwards) without age restrictions;

• persons older than 10 relying on the care of another person using the services of daily, weekly hospitals and similar facilities;

• children that can't attend school due to mandatory quarantine imposed on the family.

Support period will last for the whole duration of emergency measures and the amount of nursing allowance is 60% from daily assessment basis.

This bill extends the right to nursing allowance to persons working on the basis of an agreement to perform work or an agreement to complete a job.

Parents will not be entitled to nursing allowance for the period of any school holidays and days off announced by the school principal during the school year or in case when the parents themselves decide not to send their child into school, even though that current epidemical situation permits its opening.

The confirmation of school closing is no longer required. An affidavit from insured (parent) that he or she must take care of the child due to school closing.

Antivirus Employment Protection Programme

From 1. 6. 2021 only compensation for employees in quarantine or isolation that are unable to work is avaliable (Mode A). Compensation according to Mode A Plus and B is no longer possible.

Mode A - Isolation and quarantine

• In case of quarantine, employee is eligible for compensation of 60% from daily calculating basis.

• Compensation for employer will be 80% from paid wage compensation, including taxes.

• Maximum amount of compensation for one month per one employee is CZK 39.000.

• According to the latest information, the limit should be increased.

It is possible to apply for compensation until 30 June 2021.

The employer will only be eligible for Antivirus Programme contributions if the following conditions are met:

• as of March, employers are eligible for compensation only for employees, that have been employed at least for 3 months;

• it is an employer who strictly adheres to the Labour Code;

• the employee for whom the employer wishes to draw the contribution must not be in a notice period and must not be given a dismissal notice at the time of the wage billing (exceptions to the notice given under Section 52 (g) and (h) of the Labour Code);

• the employer is a company in the business sphere and the employees are in a main employment relationship and participate in sickness and pension insurance (the contribution cannot be drawn for DPP and DPČ employees);

• the employer is not in liquidation or bankruptcy;

• the decision to impose a fine on employers for enabling illegal work has not become final in the previous 3 years;

• the employer will not for the same purpose, i.e. the part of wage compensation that will be paid from the contribution of the Labor Office of the Czech Republic, claim coverage from funds provided from the state budget, EU programs and projects, or other public sources;

• the employer duly pays the salary and taxes.

In conclusion

Nevertheless, the epidemiological situation may develop rapidly. Employers are advised to keep a cool head and follow the websites of Czech state authorities such as the Government of the Czech Republic, the Ministry of Health, the Ministry of the Interior, the State Health Institute and the ECDC.

In the event of an emergency situation related to coronavirus, we recommend that further steps and measures be resolved promptly in accordance with our recommendations, and in particular in cooperation with the employee concerned, his/her attending physician and the competent hygiene authority. Only with the participation of these actors will it be possible to effectively prevent the further spread of the epidemic while ensuring the operation of the company.

< Go back

Please select the service you want to use:

• Newsvine
• Digg
• Delicious
• StumbleUpon
• Technorati
• Buzz
• Favorites
• Google Reader

 View original format