Overview
A roundup of the major global coronavirus COVID-19 developments that we're aware of that are likely to impact employers.
Contents
This is not a complete list of all developments. If you are interested in the latest news for a particular country, please reach out to your normal DLA Piper contact, or email us at [email protected].
Legislation, guidance and other emergency measures are being introduced daily around the world so please always check the latest update as this may supersede earlier updates.
June 17 Update |
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Australia |
Queensland: the Queensland government has announced that it has approved COVID-Safe site-specific plans for Stadiums Queensland venues including The Gabba, Suncorp Stadium and Metricon Stadium, which will allow for crowds of up to 2,000 people in these stadiums beginning this weekend (20 June). |
Canada |
The government will now require temperature screenings for all passengers flying in or to Canada. This new screening measure will be in addition to the existing health screening and face covering measures already in place. Temperature screening will be introduced through a phased approach. Alberta: The public health emergency in the province expired on June 15, 2020, and was not renewed. British Columbia: The state of emergency in the province has been extended until June 23, 2020. Manitoba: The state of emergency in the province has been extended until July 15, 2020. The government has released a draft of its plans for Phase 3 of reopening. Newfoundland and Labrador: The public health emergency in the province has been extended until June 30, 2020. The government amended its employment standards legislation to extend the period that an employee can remain temporarily laid off to 26 weeks in a period of 33 consecutive weeks. Nova Scotia: The state of emergency in the province has been extended until June 28, 2020. Nunavut: The public health emergency in the territory has been extended until June 25, 2020. Ontario: The government has released online resources to assist employers in developing COVID-19 workplace safety plans. The government announced it is enabling more regions of the province to enter Stage 2 of the government's reopening framework as of June 19, 2020. Prince Edward Island: The state of emergency in the province has been extended until June 28, 2020. Quebec: The government announced that additional businesses will be permitted to reopen as of June 22, 2020. Saskatchewan: The government has released guidelines in preparation for Phase 4 of the Re-Open Saskatchewan plan. |
Hong Kong |
Allowance for workers extended: The Government announced that the monthly $1,000 allowance under the Anti-epidemic Fund for outsourced cleaning and security workers of the Government and the Housing Authority will be provided for a further three months in July, August and September. Graduates job subsidy to launch: The Environment Bureau today announced that a subsidy programme for graduates will be launched under the Green Employment Scheme to subsidise private companies to employ fresh graduates. Applications will open on June 26. The programme covers areas related to environmental protection, ecological conservation, green energy and energy conservation, climate change as well as sustainable development to provide job opportunities for graduates interested in environment-related fields. About $24 million has been earmarked under the Anti-epidemic Fund for the programme to provide employers of fresh graduates with a monthly subsidy of $5,610. The subsidy will form part of the monthly salary of each fresh graduate paid by their employers for a period of 18 months. Driver subsidy set: The taxi or red minibus driver subsidy under the second round of the Anti-epidemic Fund is open for applications until September 30. Under the fund, the Government provides a monthly subsidy of $6,000 for each eligible active taxi or red minibus driver for six months, from April 1 to September 30. |
India |
Tamil Nadu: Due to increasing COVID cases, the State government of Tamil Nadu has ordered a 12 day complete lockdown in the Greater Chennai Police Commissionerate Limits areas in Tiruvallur District, Chengalpattu District and in Kancheepuram District. This lockdown will be in effect between 19 June 2020 and 30 June 2020. The notification provides, among other things:
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Italy |
On 16 June 2020, new Law Decree no. 52 on the social safety net has been approved and provides, in particular, the possibility for employers to benefit from the 4 weeks of salary integration already provided for in the Law Decree no. 34/2020 (“Decreto Rilancio”), if the first 14 weeks have already been used, for periods of time prior to 1 September 2020. The total number of weeks that can be requested remains 18 weeks: This change does not increase the total integration salary period, but changes the possibility of using the 4 weeks integration for periods of time prior to 1 September 2020. |
Taiwan |
Individuals previously diagnosed with COVID-19 shall only be allowed to enter Taiwan if more than two months have passed since the onset of symptoms and the symptoms have eased or more than ten days have passed since onset and they have tested negative in two PCR tests with a 24h interval. Starting June 22, business travellers from low - medium risk countries intending to enter Taiwan for less than 3 months may apply for reduced quarantine periods / requirements. |
June 16 Update
Australia |
NSW: the NSW Government has announced that the state will increase capacity on the public transport network by almost double from 1 July. Victoria: from 20 July, a limited number of Melbourne-based criminal jury trials will be resuming subject to COVID measures. Queensland: the Queensland Government has announced that from 16 June, up to 100 people can attend funerals in Queensland. Funeral organisers need to keep were a record of attendees for eight weeks in case contact tracing is necessary at a later date. Weddings remained capped at 20 guests (although up to 100 people can attend a wedding if the wedding venue opts into the relevant industry safe plan). The 100 attendees only applies to funerals, it does not apply to wakes. Wakes are considered a gathering and therefore are subject to the relevant requirements for the venue. South Australia: the South Australian Government has announced that from 17 June, South Australia's borders will be reopened to travellers from Western Australia, the Northern Territory and Tasmania. Travellers must be travelling direct from these states/territories. The change means travellers from those jurisdictions will no longer need to isolate themselves for 14 days when they arrive in South Australia. The South Australian Government has also announced that as of Friday 19 June, public assemblies of up to 300 will be permitted and indoor classes will be allowed up to 20 people, provided physical distancing is met. |
Hong Kong | Hong Kong will further relax virus-related social distancing measures by allowing public gatherings of up to 50 people on 19 June. Public processions and protests of more than 50 people require a notice to police, according to a Hong Kong public order ordinance. |
India |
Karnataka - the State government has an order to partially modify the inter-state travel protocols, to include a few additional measures. The modification order inter-alia provide that –
Karnataka- the State government has withdrawn (with immediate effect) the extension on working hours granted to factories (which was discussed in our email dated 26 May 2020). |
Indonesia |
The minister of Youth and Sports has issued Health Protocol No. 6.11.1/Menpora/VI/2020. Three types of sports activities are covered by the Health Protocol: national and regional training, championships and recreational sports activities. The Ministry of Youth and Sports has divided the phases of these activities into three stages:
The Task Force for the Acceleration of the Handling of COVID-19 issued Circular Letter No. 7 of 2020 revoking Circular Letter No. 4 of 2020 (as amended). The Circular Letter imposes more lenient requirements on the criteria and requirements for people to travel during the adaptation period including among others the following: All individuals traveling by public transport, by land, train, sea and air within Indonesia must:
Meanwhile every individual arriving from abroad must:
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Taiwan | The MoL launched cash rewards for first time employees, who entered the workforce on or after January 15. Under the scheme, these employees may receive NT$30k or up to NT$108k for certain sectors with manpower shortages, depending on how long they stay on the job (max. reward achieved at 18 months). |
Abu Dhabi |
The Abu Dhabi movement ban is to be extended by one week, from Tuesday 16 June 2020. The ban covers movement between Abu Dhabi’s regions (Abu Dhabi, Al Ain and Al Dhafrah) as well as in and out of the emirate. It applies to all Abu Dhabi residents, including UAE nationals, and has been in place since Tuesday 2 June 2020. |
Colombia |
Bogotá’s Mayor issued Decree 143 which continues the mandatory isolation measures against COVID-19 until 0:00 a.m. July 1, 2020. Additionally, the Decree adds new restrictions to mobility and consumption activities such as:
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June 15 Update
Ukraine |
On 3 June 2020, the Cabinet of Ministers of Ukraine adopted a Resolution No 435 (“Resolution 435”), which came into force on 4 June 2020. The Resolution 435, among other, established lifting of some restrictions from 5 June:
On 12 June 2020, the Cabinet of Ministers of Ukraine adopted a Resolution No 480 (“Resolution 480”), which came into force on 13 June 2020. According to the Resolution 480 the following changes were adopted:
In addition, as of 15 June 2020, all checkpoints across the State Border of Ukraine for international air transportation of passengers are open. |
Australia |
NSW: The NSW Government has announced that COVID-19 restrictions will ease at NSW public schools from Monday 15 June 2020, including assemblies, choirs and class photographs. School sporting activities, including inter-school competitions and contact sport, can resume at the start of Term 3 on 20 July 2020. The NSW Government has also announced that restrictions imposed during COVID-19 will be further eased next month with strict social distancing rules. From 1 July: The number of people allowed inside indoor venues will be determined by the ‘one person per 4 square metre’ rule, with no upper limit. This includes function centres. All activity must be seated only. Cultural and sporting events at outdoor venues with a maximum capacity of 40,000 will be allowed up to 25 percent of their normal capacity. Events must be ticketed and seated and follow strict guidelines. On compassionate grounds, restrictions on funerals will immediately be eased to allow the four square metre rule to apply. All other restrictions including 20 guests inside the home and 20 for outside gatherings remain the same. Music festival and nightclubs will continue to remain closed in July as the heath advice remains that these venues and activities pose a high risk of the virus spreading. Victoria: The Victorian Government has announced an easing of restrictions. From 22 June, libraries, community centres and halls will be able to open to 50 people. Religious ceremonies can also increase to 50. Pubs and clubs will be able to host up to 50 seated patrons, with no requirement to purchase a meal with a drink, however people will need to give their contact details and table service restrictions will still apply. Standalone TABs will also be able to reopen in line with rules on retail businesses while TABs in pubs will need to observe density and patron limits that apply to those venues. Restaurants and cafes will also be able to increase the number of patrons to 50. Cinemas, concert venues, theatres and auditoriums can open, also with up to 50 people per space. The same increased limit will apply to galleries, museums and amusement parks. From 20 July, electronic gaming areas at pubs, clubs and the casino will be reopened with strict distancing, cleaning and hygiene requirements. From 22 June, all sports training and competition will resume for those 18 and under. Non-contact sports competition can also begin across every age group. Indoor sports centres and physical recreation spaces like gyms will be able to open to 20 people per space, with a cap of up to 10 per group for those over the age of 18. Local football, soccer clubs and other contact sports will be able to resume training for over 18s from 13 July. From 20 July, full competition can begin. Clubs and community facilities will also be able to reopen their changerooms. There will also be an easing of restrictions applying to holiday accommodation and camping sites, with communal spaces like showers and kitchens soon to be available to visitors. The advice is still that if a person can work from home, they must continue to do so. |
Hong Kong |
First batch of job aid disbursed The Government disbursed the first tranche of wage subsidies under the Employment Support Scheme (ESS) to a total of 49,500 applicants who include employers and self-employed people (SEP). The Government noted that 98% of the first batch of recipients receiving wage subsidies comprises micro or small and medium-sized enterprises with less than 50 employees. Employers who receive wage subsidies for the first tranche have undertaken not to make redundancies during June to August and to spend all the wage subsidies on paying wages to the employees. In addition, the first batch of 24,000 successful SEP applicants will each receive a one-off lump sum subsidy of $7,500 into their assigned bank accounts. The total sum of subsidy involved is $180 million. $150m to support tourism industry About 3,400 applications have been approved for disbursement of subsidies totalling over $150 million under the five tourism industry support schemes in the second round of the Anti-epidemic Fund, the Commerce & Economic Development Bureau announced. |
India |
Delhi – the state government has issued the Delhi Epidemic Diseases (Management of COVID-19) Regulations, 2020. As per these regulations, authorised persons are empowered to impose a fine for the violation of directives / guidelines pertaining inter-alia to –
In case a person refuses to pay a fine on the spot, then action under Section 188 of the penal code would be imposed on her/him. These regulations are valid up till 13 June 2021. The Supreme Court (SC) of India has passed an interim order in a case filed by several employers’ associations challenging the MHA order (dated 29 March 2020) on payment of wages during the lockdown. The SC order states that “the private establishment, industries, employers who are willing to enter into negotiation and settlement with the workers / employees regarding payment of wages for 50 days or for any other period as applicable in any particular State during which their industrial establishment was closed down due to lockdown, may initiate a process of negotiation with their employees organization and enter into a settlement with them and if they are unable to settle by themselves, then submit a request to concerned labour authorities who are entrusted with the obligation under the different statute to conciliate the dispute between the parties who on receiving such request, may call the concerned Employees Trade Union/workers Association/ workers to appear on a date for negotiation, conciliation and settlement.” |
Taiwan |
For foreigners residing in Taiwan on a visitor visa, landing visa or visa exempt entry, and entered the country before March 21, the fourth 30-day extension was issued totaling a 120 day extension. However, the max duration of stay is limited to 180 days. |
June 12 Update
Australia |
The Australian Government has announced amendments to stage 3 of the roadmap. National Cabinet has agreed to remove the 100 person limit on non-essential indoor gatherings under the stage 3 framework and replace it with physical distancing (including 1 person per 4sqm), hygiene and COVID Safe plan requirements. Other amendments to stage 3 of the roadmap include that, for outdoor venues with up to 40,000 spectator capacity, ticketed and seated events will be able to be held in front of a crowd of no more than 25 per cent of capacity (provided physical distancing, hygiene and other COVID safe requirements are met). National Cabinet reiterated that high risk venues such as nightclubs do not form part of stage 3 easing of restrictions. High risk outdoor events without ticketed seating such as music festivals also do not form part of stage 3. These changes are not happening immediately, as states and territory governments will still determine when to implement the changes under stage 3 in their respective states/territories. For outdoor venues of more than 40,000 spectator capacity, arrangements are to be settled by the states and territories on a venue by venue basis. The temporary measure introduced by the Australian Government for reducing the time required for changes to enterprise agreements to be agreed by employees - the access period - from a minimum of seven days to a minimum of one day is set to be withdrawn. A review conducted by the Attorney-General's Department concluded that the need for the change had now passed and the original seven-day access period should be reinstated. Australian Parliament has passed the Paid Parental Leave Amendment (Flexibility Measures) Bill 2020, which provides greater flexibility in taking the PPL entitlement. The legislation provides for a non-flexible PPL period of up to 12 weeks, which must be taken in the 12 months following the birth of a child. A flexible PPL period of up to 30 days can then be taken any time after the initial period but must be used within two years of the birth or adoption of the child. In Southern Australia: the SA Government has announced that it is easing restrictions from Friday 19 June, increasing the 20 person room limit to 75, and moving a total cap of patrons per restaurant, pub or venue of 80 up to 300. The state will also be bringing forward its stage three easing of restrictions from July to 29 June. In line with the Australian Government’s announcement, the cap of 100 people per room will replaced with one person per 4 square metres when stage 3 easing of restrictions commences (on 29 June). SA has also announced that it will reopen its borders for interstate travel on 20 July. |
Colombia |
The Colombian Ministry of Health has issued Resolution 899 which specifies biosafety measures for the control of COVID-19 for activities such as:
As general measures all the industries must adapt their working spaces with cleaning controls and protection endowments. The Resolution also states how commuting and interaction among people must be handled. A communication plan for prevention, monitoring and responding in cases of infection is also addressed. Furthermore, the Resolution sets specific requirements depending on the business activity. |
Hong Kong |
Wage subsidies explained Employers are eligible to apply for wage subsidies in respect of their employees aged 65 or above who have Mandatory Provident Fund (MPF) accounts, even if they have not made any MPF voluntary contributions for these employees. If the employer has provided the mature employees’ basic salary information to the fund trustee(s), the amount of wage subsidies under the Employment Support Scheme will be calculated based on 50% of the basic salaries actually paid to these employees in the specified month. The wage cap will be set at $18,000 per month per employee, while the maximum wage subsidy per employee is $9,000 per month, Dr Law said. The Government estimates that there are currently about 115,000 employees aged 65 or above, whereas the MPF Authority’s data suggests that about 60,000 mature employees have set up MPF accounts. More leisure facilities to reopen The Leisure & Cultural Services Department will reopen more public swimming pools, gazetted beaches, libraries and museums. Beach-goers have to comply with the law that prohibits group gatherings of more than eight people. The adult and children's libraries of a further 19 district libraries will reopen on June 15. To avoid people gathering, admission slips will be distributed on a first-come, first-served basis for entry to each session. Support for more sectors set The Government will provide salary subsidies to employers who hire graduates and assistant professionals of the engineering, architectural, surveying, town planning and landscape sectors. Both new graduates and assistant professionals who have just completed professional training or are waiting to attend the professional assessment examination are facing difficulties in finding jobs. The first group is applicable to university students studying architecture, surveying, town planning and landscape architecture, and are graduating this year. Employers will receive a salary subsidy of $5,610 per month for providing recognised professional training to each employed graduate. The subsidy period is up to 18 months and a total of 500 subsidy places will be provided. The second group is applicable to assistant engineers who complete the training within this year but still need to obtain practical work experience. It is also applicable to assistant professionals who complete the training within this year and satisfy admission criteria of the professional assessments in the relevant sectors. Employers will receive a salary subsidy of $10,000 per month for providing opportunities for recognised professional practice to each assistant professional employed. The subsidy period is up to 12 months and a total of 1,250 subsidy places will be provided. The subsidy scheme will be opened for application from June 19 to July 18. More aid for construction sector The Anti-epidemic Fund will offer a one-off subsidy to employers in the construction sector who have employed casual employees on a long-term basis. If an employer in the construction sector has made contributions for a casual employee under the Mandatory Provident Fund Industry Schemes for at least 15 days in the calendar month of March this year, the employee will be regarded as a qualified employee. An employer may apply for a subsidy of $36,000 per qualified employee. Applicants must undertake not to make their employees redundant for a period of six months on receipt of the subsidy and to spend the full amount of the subsidy on paying wages to their workers. Currently, there are some 40,000 casual employees being employed on a long-term basis in the sector. The measure is expected to help about 3,500 employers and their workers tide over the current difficulties. The Construction Industry Council will handle applications and disburse the subsidies for the Government, and will announce the details by late June. |
India |
Karnataka – the Department of Health and Family Welfare has revised the protocols related to inter-state travellers. The measures under the revised protocol is similar to the last version (detailed in our updates of 4 June 2020). In summary, the revised protocol inter-alia provides that:
For business travellers who are natives of Karnataka and who are returning to Karnataka within 4 days from the date of journey, there is no testing or quarantine requirement for them upon return to the State. However, the concerned person should report to ‘Apthamitra Helpline (14410)’ regarding the status of their health during the next 14 days. Further, traveller who is returning after 4 days should follow the applicable quarantine protocols. |
Taiwan |
Visitors to various public spaces will no longer be required to wear a facemask, so long as they can maintain a social distance of 1m outdoors or 1.5m indoors. At the beginning of 2020, the Taiwan tax authorities issued a policy change that allows a retroactive application of different accounting standards to the fiscal year 2018, which may result in additional undistributed surplus earnings. These earnings may be distributed now, and in some cases deducted from taxes as a COVID-19 measure, allowing for a bit of tax relief for businesses. |
June 11 Update
France |
The French Government announced yesterday that:-
The lists of affected businesses can be accessed (in French) here. |
Brazil | The Governor of São Paulo extended quarantine until June 28. According to what he called the “São Paulo Plan”, each city of the state shall be classified by color, red being the worst scenario and green the best scenario when all activities are allowed. Today the city of São Paulo is classified as orange, which means that certain activities are allowed but quarantine is still necessary. During the orange stage stores, shopping centers and offices are allowed to open as long as authorized by the Municipality and in compliance with certain rules (ie observing sanitary recommendations provided by the Municipality and limited to 4 hours per day for stores). |
Australia |
The NSW Government has announced that, from Saturday 13 June, the gathering limit will be increased to 20 people (both in homes and in public places) and food courts will be allowed to reopen. |
Spain |
Royal Decree-law 21/2020 (RDL 21/2020), dated June 9th, on urgent measures for the prevention, containment and coordination to be implemented in combating the COVID-19 health crisis has been published on the official gazette - Download PDF. This new regulation aims to set out the basis for the so called “new normality”. Among other issues, RDL 21/2020 provides as follows:
From an employment law perspective, the following obligations on employers are included:
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June 10 Update
Australia |
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Canada |
Ontario: Child care centres are permitted to reopen, subject to specific health and safety requirements. Quebec: The government has announced a further easing of workplace restrictions starting June 15, 2020. Saskatchewan: The Office of the Information and Privacy Commissioner of Saskatchewan has issued an advisory on questions, screening or testing by employers regarding COVID-19. |
Germany |
Local governments continue to relax restrictions on lockdown measures on a continuous basis. Increasingly, local restrictions are also reduced due to court rulings (eg different restrictions on opening hours for the inside and outside areas of restaurants or the restriction on the maximum number of visitors to shops). Members of the coalition government have agreed on further measures to revitalise the economy and secure jobs (yet to be approved finally). In this context, note a cut in value added tax (VAT) from 19% to 16% / 7% to 5%, limited in time from 1 July to 31 December 2020. |
Abu Dhabi |
Abu Dhabi has announced that the Abu Dhabi movement ban is to be extended by one week, starting from Tuesday 9 June. The ban covers movements between Abu Dhabi’s regions as well as in and out of the emirate. It applies to all Abu Dhabi residents, including UAE nationals. Employees in vital sectors, those transporting necessary goods or individuals visiting hospitals may apply for an exemption through a special permit. |
India |
Gurgaon (Haryana): earlier, the Haryana State government had issued guidelines limiting the lockdown in the State to containment zones till 30 June 2020. To align district guidelines with this, the District authorities in Gurgaon have also issued revised guidelines, limiting the lockdown in Gurgaon to containment zones (till 30 June 2020). The Gurgaon guidelines inter alia provide that –
Telangana: the State government has extended the State-specific lockdown till 30 June 2020. However, it is clarified that no shops and establishments (except for hospitals and pharmacies) can remain open after 8 p.m. Bangalore (Karnataka): the municipal authorities in Bangalore have published an SOP for the enforcement of home quarantine rules for inbound persons to Bangalore Municipal Corporation limits. The guidelines inter alia include that travellers should mandatorily self-register on the Seva Sindhu portal by providing details related to name, address, phone number, and pin code. Further, travellers are also encouraged to use ‘Aarogya Setu’, ‘Apthamitra’, and ‘Quarantine Watch’ App |
Malaysia |
Details of extension of wage subsidy program The government will extend the wage subsidy program for a further 3 months. This PENJANA program is in addition to the earlier PRIHATIN package wage subsidy program. The subsidy under the PENJANA program is RM600/month for each employee up to a maximum of 200 employees per employer. As a result, qualifying employers will be able to combine the PRIHATIN and PENJANA programs for a total 6 months of wage subsidy. Perkeso has issued an FAQ dated 9 June 2020 in relation to the combined wage subsidy program: https://www.perkeso.gov.my/images/pengumuman/p su/090620_-_FAQ_PENJANA_PSU.pdf |
Chile |
On June 7th, 2020, the health authority announced new measures in connection with the COVID-19 pandemic, as follows: 1. In addition to the territories that are already in total quarantine (including Santiago), it was established that all inhabitants of the following locations must remain in isolation: a. Commune of Calama, in the Region of Antofagasta b. Commune of San Antonio, in the Region of Valparaiso 2. Also, the authority stated new criteria in connection with the COVID-19 pandemic: a) If the patient presents symptoms, a medical leave will be granted for 14 days from the starting of the symptoms. b) If the patient has no symptoms, the medical leave will be granted for 14 days from the diagnosis of the disease by the PCR test. Persons who have taken the PCR test (PCR) should be in quarantine until they are notified of the results of such test. Those individuals who have been in close contact with people diagnosed positive for COVID-19 should take isolation measures for 14 days from the day of contact. If the PCR is negative, that will not exempt the individual from doing quarantine. Close contact is now defined as a person who has been in contact with a confirmed case of Covid-19, within 2 days before the beginning of the symptoms and 14 days after. In the event that close contact occurs with a person who does not present symptoms, contact must have occurred within 14 days of the PCR test being taken. Individuals entering from abroad must be quarantined for 14 days regardless of the country of origin. In addition, these are the symptoms that heath authority considers as suspicious of having COVID-19: a. Body temperature of 37.8 ºC or higher. b. Coughing. c. Breathing difficulty. d. Chest pain. e. Sore throat when eating or swallowing fluids. f. Muscular pain. g. Chills. h. Headache. i. Diarrhea j. Sudden loss of smell k. Sudden loss of taste |
June 9 Update
Canada |
Alberta: The provincial government is deferring Workers’ Compensation Board premiums for private sector businesses. New Brunswick: On June 5, 2020, the provincial recovery plan moved to the next phase of the “yellow level” for all areas of the province except Zone 5. The “yellow level” includes the gradual reopening of more businesses and activities and the easing of further restrictions, subject to continuing physical distancing and safety guidelines. Newfoundland and Labrador: The province enters “Alert Level 3” effective June 8, 2020. The focus of Alert Level 3 is to control the transmission of COVID-19, while further relaxing public health measures. Nunavut: The public health emergency in the territory has been extended to June 11, 2020. Ontario: Emergency orders in the province have been extended until June 19, 2020, including the closure of specified non-essential establishments and the prohibition on organized public events and gatherings of more than 5 people. Outside of the Greater Toronto Area and certain other municipalities, some non-essential establishments will be permitted to open beginning June 12, 2020 as part of Stage 2 of reopening the province. |
Australia |
The Australian Government has announced that it will extend the $150,000 instant asset write-off for six months to 31 December 2020. Australian businesses with annual turnover of less than $500 million will be able to take advantage of this extended timeframe to invest in assets to support their business. The Australian Government has also announced that the subsidy for child care providers under the Early Childhood Education and Care Relief Package will discontinue from 12 July 2020, and JobKeeper payments will cease from 20 July for employees of a CCS approved service and for sole traders operating a child care service. The Government will resume the Child Care Subsidy scheme and provide a Transition Payment of 25 per cent of their fee revenue during the relief package reference period (17 February to 1 March) from 13 July until 27 September. The Government will also ease the activity test until 4 October to support eligible families whose employment has been impacted as a result of COVID-19. These families will receive up to 100 hours per fortnight of subsidised care during this period. In the specific states/territories: Queensland: The Queensland Government has announced the introduction of a Hardship Payment to help Queenslanders who have exhausted their sick leave or pandemic leave entitlements, and tests positive to COVID-19. This payment will provide affected workers with a one off $1500 payment to cover their unpaid sick leave. To be eligible for this payment the Queensland workers must be employed, test positive to COVID-19 and have no access to paid sick leave or pandemic leave |
Hong Kong |
Government further backs travel sector The Government announced that more support will be provided for the travel industry by enhancing the Green Lifestyle Local Tour Incentive Scheme and extending the subsidy initiative for tourist guides. The Green Lifestyle Local Tour Incentive Scheme was introduced last December, under which each travel agent can obtain a cash incentive of $100 for each Hong Kong resident for whom it arranges an eligible green lifestyle local tour. As the epidemic has been subsiding, the Government has decided to increase the commitment for this scheme from the original $50 million to $100 million, and will discuss with the trade details of further enhancing the scheme. Meanwhile, the Government has been subsidising tourist guides with a maximum of $1,000 each in completing the Continuing Professional Development Scheme for renewing Tourist Guide Passes until October 27. In view of the suspension of training courses caused by the epidemic early this year, the Government decided to extend the subsidy initiative for six months until April 27, 2021, which will benefit more than 5,000 tourist guides. |
Malaysia |
The Conditional Movement Control Order expires today, and from 10 June 2020 a new Recovery MCO phase will start. The Recovery MCO is scheduled to last until 31 August 2020. During the Recovery MCO —
During the Recovery MCO, individuals required to undergo mandatory 14-day quarantine upon returning to Malaysia will be required to do so from home. Under the previous Conditional MCO, the quarantine had to be carried out in designated government quarantine centres. However, they will still be required to undergo a health screening, and their compliance with quarantine will be monitored. Those returning from overseas will be required to download the MySejahtera application, and will be required to wear quarantine wristbands for identification and monitoring. |
Ireland |
Emergency changes to redundancy law extended: Emergency measures, which prevent employees on lay off or short time from issuing notice to their employer of their intention to claim a redundancy payment, have been extended until the 10th August 2020. This applies to employees who have been placed on short time or lay off due to the effects of measures taken by the employer to comply with Government policy to limit the spread of Covid-19. |
June 8 Update
UK | From today, Monday (8 June), the majority of entrants to the UK, whether existing UK residents returning from abroad or non-residents entering for business, leisure or other purposes will be required to complete a 14-day isolation period upon arrival. Click here for further information. |
South Africa |
The Department of Employment and Labour has issued a consolidated Direction on Occupational Health and Safety Measures in Certain Workplaces (“Updated Directive”) which replaces the Direction on Occupational Health and Safety Measures in Certain Workplaces issued on 29 April 2020. The Updated Directive imposes additional obligations on businesses and institutions, provides additional guidelines and in some instances removes certain duties on employers. Some of the key changes in the Updated Directive include:
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Colombia |
Ministry of Health Legal Decree 800 to protect the social security registration and economic sources. During the sanitary emergency, regain entities and Social Security Monetary Sources Manager (ADRES per its acronym in Spanish) may sign partial payment agreements for the early recognition of 25% of the value of recovery requests. The resources obtained will be aimed for health services and immigrants without health registrations and/or coverage. ADRES may do prepayments to the public health services system that have intensive care units (ICU) and/or advanced health care services. This, despite of the COVID-19 number of patients. Transportation Accidents Mandatory Insurance (SOAT per its acronym in Spanish) must transfer the additional amount of income received according to the risks decrease. Ministry of Justice issued Legal Decree 801 to apply technology measures for judicial proceedings. The purpose of this new Legal Decree is to streamline judicial processes and provide attention for users of the justice service, within the Economic, Social and Ecological Emergency State. Technologic measures and new infrastructure will be implemented in order to protect the due process right and justice access. Ordinary Judicial processes will be available for processes of the following nature:
Ministry of Labor issued Legal Decree 802 in order to protect the population about to get their pension rights Population about to get their pension rights, might be part of the anticipated retirement plan through their own Pension Fund and Severance Management Institutions. This program applies only for people who will receive a monthly allowance of 1 monthly minimum legal wage and who COVID -19 crisis jeopardize their right to get a monthly pension. Superior Justice Council (Consejo Superior de la Judicatura in Spanish) issued the Agreement PCSJA20-11567 Terms for judicial process will restart counting since July 1, 2020. As of 17 of June, 2020 judicial personnel may assist to judicial offices in order to organize and plan all the required measures to restart their activities. Specific matters on different law areas will remain their terms suspended. Some to the matters are: administrative tribunals for law issuing legal control, Constitutional invalidity control, and, extrajudicial conciliation, among others. Ministry of Treasury issued Legal Decree 815 in order to stablish the Formal Employment Support Program (PAEF for its acronym in Spanish) Colombian Government will provide a monthly monetary aid to companies, consortiums, individuals or temporary unions with the following conditions:
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Hong Kong |
310,000 apply for job aid scheme The Employment Support Scheme (ESS) received more than 140,000 applications from employers and 170,000 from self-employed people from the first day of the application period on May 25 until 6pm 5 June 2020. The Government said the vetting process of all the applications received is expeditiously underway with a view to disbursing wage subsidies to successful applicants starting from mid-June. Upon completion of the processing of applications, the ESS Secretariat will inform successful applicants of the results via SMS and email. Applicants can login to the ESS portal to check the amount of subsidy granted and the committed head count for the months of June to August. Quarantine exemptions for company directors The Government announced a mechanism for directors or executives of specified listed companies to apply for exemption from the compulsory quarantine arrangement. It covers companies that are listed on the Stock Exchange of Hong Kong (SEHK) and included in the Hang Seng Index, Hang Seng China Enterprises Index or Hang Seng Composite LargeCap, MidCap or SmallCap Index. During any calendar month, each of the listed companies or listing applicants can only nominate a maximum of two directors or executives for the exemption. After returning to Hong Kong, the exempted person will be subject to medical surveillance arranged by the Department of Health for 14 days. Currently, travellers to the Mainland would still be subject to the 14-day compulsory quarantine requirement imposed by Mainland authorities. The Hong Kong Special Administrative Region Government is discussing with Mainland authorities the mutual recognition of COVID-19 testing results conducted by recognised medical laboratories, with a view to exempting the quarantine requirement for Hong Kong travellers to the Mainland. |
Malaysia | Incentives under the “Penjana” Economic Recovery Plan (Penjana ERP)
On 5 June 2020, the Prime Minister announced a short-term Penjana ERP worth RM35.0 billion. The incentives under the Penjana ERP relevant to employers are the following:
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Taiwan | Social distancing guidelines have been slightly relaxed, namely the facemask mandate on public transportation only applies when a distance of 1.5m can not be adhered to. Additionally, restrictions on large events have been eased. |
Indonesia |
Ministry of Manpower Guidance On 20 May 2020, the Minister of Manpower issued Circular Letter No. M/7/AS.02.02/V/2020 addressed to Governors all over Indonesia to convey to all company leaders in their areas among other things, the following:
In addition to the above, on 20 May 2020, Minister of Health has issued Decree No. HK.01.07/MENKES/328/2020, under which, when returning to work after the implementation of the Large Scale Social Restriction (“LSSR”), workplaces must:
Jakarta: back to work measures For DKI Jakarta area, the local Government has issued Governor Regulation No.51 of 2020 on the Implementation of LSSR during the Transition Period towards a Healthy, Safe and Productive Society (“Regulation 51/2020”) and DKI Jakarta Governor Decree No. 563 of 2020 as its implementing regulation (“Decree 563/2020”). The general principles and health protocols for implementing the transitional LSSR under Regulation 51/2020 includes, among other things:
According to Decree 563/2020, the schedule for the First Phase includes the following:
The transition period applies from 5 June 2020 until 18 June 2020 and will be extended for 14 days if there is no significant level of transmission. However, if there is a significant level of transmission during the transition period, the DKI Jakarta Provincial Government can stop all activities and re-implement restrictions. Travel Under the Task Force for the Acceleration of the Management of COVID-19 Circular Letter No.4 of 2020 (as amended), exceptions from the limitations on travel apply to people who work in government or private institutions which provide the following services:
The requirements for exceptions for people who work for government or private institutions are the following:
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June 5 Update
Australia |
The Australian Government today announced significant reforms to be made to Australia’s foreign investment legislation. The Australian Government will release exposure draft legislation for consultation in July, with the reforms scheduled to commence on 1 January 2021. Key elements of the reform package include:
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Canada |
Manitoba: The government announced an increased investment of $5.7 million in the Canada-Manitoba Job Grant program this year to better assist businesses with staff training costs as they recover from the COVID-19 pandemic. The program allows employers to apply for up to $10,000 for each of their employees, to a maximum grant of $100,000. Applications for the Canada-Manitoba Job Grant for 2020-2021 are now available. The application deadline is July 3, 2020. Saskatchewan: Phase 3 of Re-Open Saskatchewan is set to begin on June 8, 2020. Places of worship, restaurants and licensed establishments, gyms and fitness facilities, child care facilities and personal care services will be permitted to re-open. The scope of the provincial Temporary Wage Supplement Program is being expanded. For each eligible worker, the temporary wage supplement is $400 for each four-week period, up to 16 weeks, for the period from March 15, 2020 to July 4, 2020. Yukon: The territory has repealed and replaced its Leave Regulation under the Employment Standards Act to provide for a leave of absence without pay for up to 14 days if the employee requires the leave as a result of various circumstances related to COVID-19. |
Germany |
The government plans another package to support the future of the German economy. This package will include inter alia:
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India |
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Taiwan | Starting June 7, the face mask mandate on the subway and bus systems will be eased. Face masks will only be required, if social distance cannot be maintained. |
Ireland | The Government has today announced an acceleration of the Roadmap for Reopening Society and Business as well as extensions to the Temporary Wage Subsidy Scheme and the Pandemic Unemployment Payment. Click here to read more. |
June 4 Update
Ireland |
Update to Temporary Wage Subsidy Scheme - Maternity Returners: On 29 May the Irish Government announced a change to the TWSS for those returning from maternity leave who were not on their employer’s payroll on 29 February nor paid in either January or February 2020 in accordance with the original rules of the scheme. The change being made will allow for consistent treatment with other employees who were on the payroll on 29 February. Revenue has agreed that this provision will be implemented from 26 March, where applicable. |
Colombia | New Regulations have been issued by the Colombian Government in relation to the public health crisis - click here. |
Australia |
In the specific states/territories:
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Canada |
Canada: The Ministry of Transport has released new requirements and guidance for workers in the aviation, marine, rail and road sectors to use face coverings. Alberta: The government announced that the first stage of the province’s reopening is fully active in Calgary and Brooks. The first state of the province’s reopening had previously been implemented in all other regions of the province. New Brunswick: The state of emergency in the province has been renewed until June 12, 2020. Ontario: The state of emergency in the province has been renewed until June 30, 2020. Quebec: The public health emergency in the province has been renewed until June 10, 2020. |
Belgium |
The Belgian National Security Council convened yesterday and decided to further alleviate the lockdown restrictions for Belgium, but the new measures are still to be confirmed by law. We do not expect drastic changes concerning labour law matters, other than that some businesses in the hospitality and leisure sector (bars, restaurants, etc.) will be able to reopen as from 8 June when certain conditions are met. |
UAE |
Dubai’s Supreme Committee of Crisis and Disaster Management has announced that all private sector businesses may now operate at 100% capacity, meaning that 100% of an employer’s workforce may now attend the office. Shopping malls may now also operate at 100% capacity. Guidelines regarding social distancing and health and safety remain in effect. Previously, a maximum of 50% of an employer’s workforce was permitted to be in the office at any one time and shopping malls were permitted to operate at no more than 70% capacity. |
India | Karnataka – the State government has released protocols to be followed for the inter-state travel of persons to Karnataka during the phased reopening (Unlock 1) period till 30 June 2020. All commercial establishments, offices, factories etc. are required to check for quarantine stamp on all their customers or visitors (at the back of their hand) before they enter the premises. The should not allow those with quarantine to enter before the end of their quarantine period or till they get current COVID negative test report. They should inform the police at telephone number 100 about the violations. Further, the protocols inter alia include that -
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Indonesia | The Minister of Religion has issued Decree No. 494 of 2020 under which, the departure of the Hajj Pilgrims for the Hajj Pilgrimage in the year 1441 H / 2020 M has been cancelled for all Indonesian citizens who use i) a Government Hajj Quota; or ii) Hajj visa. As a result of the cancellation, among other things: a. Regular Hajj Pilgrims and Special Hajj Pilgrims who have paid the Hajj Travel Costs (“Bipih”) for the Hajj Pilgrimage in the year 1441 H / 2020 M will become Hajj Pilgrims in the Hajj Pilgrimage in 1442 H / 2021 M; b. the Bipih payments made for the Hajj Pilgrimage in the year 1441 H / 2020 M will be kept and managed separately by the Hajj Financial Management Agency; c. all the passports of Hajj Pilgrims, Regional Hajj Officers and Counselors from the Hajj and Umrah Guidance Group for the Hajj in the year 1441 H / 2020 M will be returned to their owners. |
Taiwan | The CECC has decided to continue with its plan to loosen certain restrictions starting June 7 due to 56 days (4x14 days) without any local transmission. The first big announcement are easing of the facemask mandate on long-distance public transportation, allowing passengers to take of their masks as long as social distancing is adhered to. This means that food and beverages may be consumed on trains and domestic flights again starting June 7. |
June 3 Update
Hong Kong |
Aid for employment agencies set The Labour Department announced that the Subsidy Scheme for Employment Agencies (EAs) will be introduced under the Anti-epidemic Fund to assist them in tiding over the difficulties arising from the COVID-19 epidemic.The department said EAs that provide foreign domestic helper placement services have been greatly affected as some overseas countries have suspended the processing of new and contract renewal applications for helpers. Those EAs that do not provide such placement services have also been affected by the economic downturn caused by the COVID-19 epidemic and the worsening unemployment situation in Hong Kong, it added. The department noted that the Anti-epidemic Fund Steering Committee on May 29 endorsed a proposal to provide a one-off subsidy to EAs. A subsidy of $50,000 will be granted for each main licence of an EA which provides foreign domestic helper placement services. For EAs which do not provide such placement services, a subsidy of $30,000 will be granted for each main licence. An additional $10,000 will be granted for each duplicate licence for a branch office of both kinds of EAs. The scheme will open for application in the second half of June. All EAs holding valid licences or that have submitted an application for licence renewal in accordance with the Employment Agency Regulations as of May 31 will be eligible. Those applying for a $50,000 subsidy will be required to declare that they had provided foreign domestic helper placement services on or before May 31. For enquiries, call 2115 3667. LCSD provides ex-gratia payments The Leisure & Cultural Services Department is providing ex-gratia payment to personnel affected by the cancellation of programmes to relieve the impact of the pandemic. The payment is being made to those engaged in recreation and sports programmes organised or subvented by the department, including coaches and instructors. It is being offered to those directly engaged by the department or sports coaches and staff hired by national sports associations or sports organisations subvented under the Sports Subvention Scheme. The payment is also being offered to sports coaches from national sports associations or sports organisations who were engaged by the department through the Direct Purchase Authority Management System. The ex-gratia payment is equivalent to the amount of their original remuneration for cancelled programmes scheduled to commence or to be held from January 29 to March 31. Coaches and personnel are not required to submit applications. The department will release the payment to these people directly or through national sports associations or sports organisations. Disbursement of the payment began in May and is being carried out in batches. Additionally, the department will provide ex-gratia payment to instructors and speakers of seminars, workshops and training courses organised by the Hong Kong Public Libraries and the Music Office whose programmes were cancelled or could not be rescheduled due to venue closure, school suspension or the pandemic. Quarantine measures to extend The Government will extend compulsory quarantine measures for people arriving in Hong Kong from both the Mainland and foreign places. Secretary for Food & Health Prof Sophia Chan said that given the development of the epidemic situation in places within and outside the Mainland, there is a need to continue restricting the movement of people between Hong Kong and other places and implement compulsory quarantine measures to prevent imported cases. The Government will extend the expiry date of the Compulsory Quarantine of Certain Persons Arriving at Hong Kong Regulation (Cap 599C) by a month to July 7. The expiry date of the Compulsory Quarantine of Persons Arriving at Hong Kong from Foreign Places Regulation (Cap 599E) will be extended by three months to September 18. In the meantime, the Government holds the view that there is a need to introduce a mechanism to allow consideration of gradual relaxation of compulsory quarantine requirements for people arriving from specific countries and places after assessing the relevant public health risks. A mechanism will be introduced to empower the Secretary for Food & Health to specify two categories of places. People from Category 1 specified places will be subject to compulsory quarantine arrangements. For Category 2, people from these places will be excluded from the requirements in respect of the compulsory quarantine arrangements subject to meeting certain conditions, such as obtaining a negative COVID-19 test result. The arrangements for both categories apply to locations within and outside China. At this stage, all places in China outside Hong Kong and all places outside China will be specified as Category 1 effective from midnight on June 5. Unless exempted pursuant to the regulations, arrivals from these places will be subject to the compulsory quarantine arrangements. Meanwhile, the criteria for the Chief Secretary to exempt travellers from the compulsory quarantine arrangements under Cap 599E will be expanded to cover people whose travelling is necessary for purposes relating to manufacturing operations, business activities or professional services in the interest of Hong Kong's economic development, and thus be aligned with relevant provisions under Cap 599C. |
India |
Pursuant to the revised MHA guidelines on phased reopening of activities and extension of lockdown in the containment zones across the country, the governments of Gujarat, Odisha, Punjab, and Chandigarh have also released revised guidelines for this extended period (i.e., till 30 June 2020). The guidelines inter alia provide the following -
Kerala – inter state movement of persons by all modes of transport would be regulated only through pass issued under COVID-19 Jagratha platform. However, business travellers, technical / professional personnel coming from work and those returning from Kerala within a week are exempted from the provisions of quarantine.
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Indonesia | The Minister of Trade has issued Circular Letter No. 12 of 2020 on The Resumption of Trading Activities during the Corona Virus Disease 2019 (COVID- 19) Pandemic and the New Normal (“Circular Letter 12/2020”). Under Circular Letter 12/2020, the following trading activity places may operate and the following protocols apply to them, among others: 1. Traditional markets must: a. ensure that all traders, management and supporting organs test negative for COVID-19 according to a PCR/rapid test facilitated by the relevant regional government and that they use masks, face shields and gloves during their activities; b. arrange sellers in shifts while social distancing (maintaining a minimum distance of 1.5 meters between persons); c. only open from 6 am-11am, and conduct initial screenings before they open (body temperatures must be below 37.30° C). 2. Convenience stores (i.e. minimarkets, supermarkets, hypermarkets and department stores) must: a. implement circulation management and limit visiting times; b. limit the number of visitors to 40% of the normal number with strict controls at the entrance and exit doors; c. only sell hygienic products. 3. Restaurants and diners must: a. conduct initial screenings of workers before they enter (body temperatures must be below 37.3°c); b. maintain the cleanliness of all public facilities such as toilets and parking lots; c. only sell healthy, clean food. 4. Pharmacies and health device stores must: a. maintain a minimum distance of 1 meter and a maximum of 5 persons queuing at cashiers; b. provide hand washing facilities, soap and hand sanitizers and regularly spray disinfectants every 2 days. 5. Malls and shopping centers must: a. have separate entrances and exits; b. limit the number of visitors to 35% of the normal number with strict controls at the entrance and exit doors. 6. Restaurants which are located in rest areas must: a. prioritize take-away services and only allow a 50% capacity for dine-in customers; b. only sell healthy, clean food. 7. Salons/spas and tourism sites must implement strict health protocols during their operations. 8. Certain tourism sites (i.e. zoos, museums and art galleries) must set the maximum number of visitors at 50% of the normal capacity and sell tickets online. Sanctions can be imposed for violations of Circular Letter 12/2020 according to the prevailing laws and regulations. |
Malaysia |
Government advisory on collection of personal data of customers and visitors: The Department of Personal Data Protection of Malaysia’s Ministry of Communications and Multimedia has issued an advisory on the collection, processing, and storage of personal data by business premises during the Conditional Movement Control Order ("Conditional MCO") period ("Advisory"). The Advisory states that businesses are only permitted to record the minimum required information of visitors or customers for the purposes of contact tracing – name, contact number, and dates and times of the visit. The data can be recorded digitally or manually. The Advisory also recommends that a notice must be clearly displayed so visitors or customers know the purpose of the collection of their personal data. The business premises must ensure that the information collected is only used for contact tracing purposes, and not for other purposes such as marketing. The information can only be stored for 6 months after the end of the Conditional MCO, and must thereafter be permanently destroyed or deleted. The Advisory also states that the Ministry’s enforcement officers would be conducting spotchecks from time to time to monitor compliance with the Advisory. Any businesses that fail to abide by the Advisory may be subject to a fine of up to RM300,000 or imprisonment of up to two years, or to both. |
Taiwan |
The long-awaited government stimulus coupons are being rolled out on July 1. For NTD 1,000 coupons worth NTD 3,000 may be bought by Taiwan nationals and foreign spouses of Taiwan nationals. There is no age requirement for the coupons and digital options are available, such as linking to credit cards. Public use of campuses of high schools and below will resume earlier than expected. Starting June 13, campuses will be accessible by the general public, and schools will be allowed to rent out spaces once again. |
June 2 Update |
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Australia |
Master Builders Australia, Housing Industry Association and Australian Industry Group have made a joint submission to the Fair Work Commission asking for temporary award changes to the Building and Construction General On-Site Award, the Joinery and Building Trades Award and the Mobile Crane Hiring Award. The application seeks a range of temporary changes to the awards, including not paying overtime for hours worked between 6am and 2pm on Saturdays and reducing the minimum casual engagement from four hours to two hours. Other proposed changes include that employers would be able to direct workers to take any accrued annual leave in excess of two weeks, while employees could opt to spread out paid annual leave by taking it at half pay. The measures would also permit employers to direct workers to perform other duties within their competency and qualifications, regardless of classification and have them work in different locations. Tasmania: the Tasmanian Government has announced that it is easing restrictions to stage 2 from 3pm on Friday 5 June. Effective from 3pm Friday 5 June 2020:
NSW: the NSW Government has announced that from 13 June, fitness, gymnasiums, pilates, yoga and dance studios can reopen with up to 10 people per class and 100 people in an indoor venue, community centres, including their recreational facilities can reopen, some indoor recreational facilities including pools and saunas can reopen and tattoo and massage parlours can reopen with up to 10 clients. The four square metre rule must be applied at all times. Kids’ sport and community sport competitions can restart for those aged 18 years and under from Wednesday 1 July 2020. The return date for adult community sport activities will be made at a later stage. |
Germany |
There is currently no harmonised procedure throughout Germany on lockdown relaxation measures. However, the basic lockdown rules (minimum distance of 1.5 m, mouth-and-nose covering) are maintained in all federal states and local governments take decisions to relax current lockdown rules and, if necessary, advise on further local lockdowns. All local governments have now decided to relax lockdown rules and reopen further business sectors which means that:
Due to the fact that these changes are implemented at local state level, deviations apply between the different states regarding the details. Therefore, more employees are returning to work and problems due to lack of childcare will increase. Schools and childcare facilities continue to reopen gradually in the upcoming days and weeks. However, it is to be anticipated that restrictions in the childcare provided (smaller groups / only part-time care etc.) will continue or may be reactivated in some cases. Therefore, the German Bundesregierung has decided (yet to be approved) to extend the regulation that employees who have to look after their children (up to the age of 12) due to closures of schools or childcare facilities are entitled to compensation under section 56 of the German Infection Protection Act. The compensation amounts to 67 percent of the net remuneration, limited to a maximum monthly amount of EUR 2,016, and is granted for up to ten weeks (for single parents 20 weeks). |
India |
Jharkhand: The State government has released guidelines for the strict implementation of MHA order until 30 June 2020. These guidelines permit, among other things the following activities: functioning of call centres of private companies, and shops selling IT hardware products / networking equipment / software / telecom, etc. Further, it is clarified that all activities permitted prior to this order will remain permitted. Madhya Pradesh: The State government has released revised guidelines to be applicable until15 June 2020. The guidelines inter alia provide that – no pass will be required for movement of persons inside or outside of the State limits; private offices located in Indore, Bhopal and Ujjain will be allowed to operate with 50% staff capacity, and with full capacity in other locations. Rajasthan: The State government has released revised guidelines to be applicable until 30 June 2020. The guidelines inter alia provide that – no activities will be permitted in the containment zones; movement of persons for all non-essential activities will remain prohibited between 9pm to 5am. However, the staff of IT/ITES is exempted from this requirement with a night travel pass. Further, private offices can also operate with up to full strength. |
Spain |
Consultation of the General Directorate of Labour of 27 May 2020 DGT-SGON-733PGG and Consultation of the General Directorate of Labour of 27 May 2020 DGT-SGON-726PGG offer guidance to interpret the existence of total or partial force majeure. The guidance is non-binding for judges. Further extension of the State of Alarm: The Congress are due to approve this Wednesday 3 June the extension of the state of alarm until 21 June 2020. The law will be published in the coming days. Guaranteed Minimum Income Scheme for Vulnerable Families (“Ingreso Mínimo Vital”): The Government has approved on 30 May 2020 the Guaranteed Minimum Income Scheme for Vulnerable Families. It was published on 1 June 2020. |
Taiwan |
Restrictions on export and sale of facemasks have been lifted and masks are now available in stores. Prices are around 5-6 NTD per mask, depending on package size and distributor. The MOTC announced a NTD 16.5 billion aid program for the shipping industry. The NIA announced additional extension possibilities for foreigners, who are not able to return home due to travel restrictions or lack of travel options. The central government approved a NTD 6.6 billion subsidy program to aid university graduates. Depending on the field, graduates are eligible for special subsidies up to NT$7,000 per month. Additionally, the government is providing tuition subsidies for graduates who enroll in training programs for green energy, information technology, machinery, electrical engineering and certain other sectors, up to NT$ 100,000 per person. Companies may also be eligible for subsidies when hiring new graduates. |
UAE |
Abu Dhabi has announced a ban on travel in and out of the emirate during which residents of Abu Dhabi city, Al Ain and Al Dhafra may travel within their cities but not leave them, effective 2 June 2020 for a period of seven days. Individuals may apply for a permit online for exceptional circumstances. Essential workers such as medical staff, patients with chronic diseases with medical appointments and drivers transporting goods are among those who will be eligible. The Abu Dhabi media Office has also announced the easing of some restrictions on activities in the emirate, including raising the capacity in malls and restaurants inside malls to 40%. Hotel beaches, restaurants outside malls and museums are also allowed to re-open with a maximum capacity of 40%. Individual outdoor sports practiced in open spaces, such as horse riding, cricket, cycling, golf, sailing and racquet sports, are also now permitted for people aged 12-60, effective 1 June 2020. |
June 1 Update |
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Australia |
Queensland: The Queensland Government has announced that: From midday 1 June:
From midday Friday 5 June:
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Brazil |
On 28 May, the Brazilian Congress signed Act no. 44/2020 to extend the validity of Provisional Measure 936/2020 for an additional 60 days (which will run from 28 May). PM 936 was created to institute the ‘Emergency Employment and Income Maintenance Program’ to contribute to the maintenance of employment, to guarantee continuity of business activities and soften the social impact raised from the social isolation necessary to combat the coronavirus. The benefit to be paid during suspension by the government is a percentage of the Unemployment Benefit the employee would be entitled to in case of termination without cause, which full amount varies from R$1,045.00 to R$ 1,813.00, depending on the average of the employee´s monthly salary in the previous 3 months. Please note that the benefit, therefore, may vary from R$ 261,25 to R$ 1,269.10 per employee per month, based on the monthly salary received by the employee and percentage of work time/ salary reduction agreed, as below:
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Colombia |
The Colombian President has issued Decree 749 extending mandatory lockdown to July 1, 2020. This Decree adds new industries and activities that are excluded from lockdown such as:
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Hong Kong | Anti-epidemic scheme enhanced: The Government will enhance the Anti-epidemic Support Scheme for Property Management Sector. Under the enhanced scheme, the subsidised period will be extended for three months, from June to August 2020. Meanwhile, the caps on headcounts of the Anti-epidemic Hardship Allowance per eligible building block will be relaxed to 100. An extra subsidy of $2,000 will be granted to each eligible private residential or composite building block, while the amount of extra subsidy for each eligible industrial or commercial building block will be doubled. The deadline to apply for the scheme is July 15 and application details will be announced shortly. Property management companies and owners' organisations which have submitted applications for or their applications have already been approved under the previous scheme do not need to submit a new application for the enhanced scheme. 8k business applications received: The Distance Business Programme has received 8,017 funding applications from enterprises. The programme aims to provide funding support for enterprises to adopt IT solutions during the COVID-19 epidemic for developing distance business, so as to continue their business and services. Meanwhile, 2,023 service providers have enrolled on the IT Service Providers Reference List. The list seeks to offer relevant market information for reference by enterprises applying for funding. Whether or not the enterprises engage service providers on the list will not affect the outcome of the application.Application for enrolling on the list will close on June 6. Transport trade subsidies open: The Transport Department announced that applications for the subsidy scheme for public light buses, local ferries and taxis under the second round of the Anti-epidemic Fund have opened. Green minibus and local ferry operators will be provided with a monthly subsidy of $6,000 for each employee aged 65 or above who has not participated in Mandatory Provident Fund schemes for a period of six months. The subsidy for supporting the operators on salary payments will be disbursed in two tranches. Until June 21, green minibus and local ferry operators who have received the department's letters and application forms can submit an application for the first tranche of the subsidy. The subsidy will be disbursed through autopay in about two to three weeks upon completion of the verification. The subsidy can support the operators in paying staff wages from June to August 2020. The second tranche of the subsidy is expected to be disbursed in September. The second round of the fund will provide a one-off non-accountable subsidy of $30,000 per green minibus to the Passenger Service License holders who have been approved to operate relevant green minibus route packages.As of May 27, the department has received 150 applications involving 3,000 green minibuses. It started disbursement of the subsidy for verified applications. A one-off non-accountable subsidy of $30,000 per vehicle will be provided to each registered owner of a taxi and a red minibus. Until September 30, taxi and red minibus owners who have received the department's letters must use the registration PIN provided in the letters for submission of registrations through GovHK. After successful completion of the registration, the subsidy will be disbursed to the designated local bank account provided in the registration through autopay in about two to three weeks. The department has started issuing letters to inform registered owners of non-franchised public buses, school private light buses and hire cars of the detailed arrangements for the subsidy under the second round of the fund. A one-off non-accountable subsidy of $30,000 per vehicle will be provided to each registered owner. The application deadline is July 31. Catering subsidy reminder issued: Eligible food licence, liquor licence or karaoke establishment permit holders wishing to apply for the Catering Business (Social Distancing) Subsidy Scheme are reminded to submit their applications by 5pm on June 5. As of yesterday, more than 7,100 applications had been received for the scheme set under the second round of the Anti-epidemic Fund. | ||||||||||
Indonesia |
1 June 2020: The Task Force for the Acceleration of the Management of COVID-19 has issued Circular Letter No.5 of 2020 (“Circular Letter 5/2020”) which amends the previous Circular Letter No.4 of 2020 regarding the criteria for exceptions from the limitations on travel by people to accelerate the management of COVID-19 (“Circular Letter 4/2020”). Under Circular Letter 5/2020, among other things: 1. exceptions from the limitations on travel apply to:
2. The requirements for exceptions for people who work for government or private institutions are the following:
Circular Letter 4/2020 (as amended) is now in effect until 7 June 2020. |
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Portugal |
Under the Resolution of the Council of Ministers no. 40-A/2020 of 29 May, teleworking (remote working) is no longer mandatory in Portugal. Decree-Law no. 24-A/2020 of 29 May has also been published, revoking the possibility of a teleworking regime being imposed by one of the parties as of June 1, 2020. From today onwards, the normal Labor Code regime will apply, such that any adoption of a teleworking regime depends on an agreement between the employer and employee. However, some exceptions apply, pursuant to Resolution no. 40-A/2020, namely:
Additionally, in situations in which the teleworking regime is not adopted under the terms provided for in the Labor Code, preventive measures can be implemented, namely, the adoption of rotating employees between the teleworking regime and the work performed in the usual workplace, daily or weekly, different entry and exit hours or different times for breaks and meals. Additionally, as of 1 June, the suspension of classroom teaching and non-teaching activities in pre-school establishments ceases, thus employees may neither be absent from work due to this suspension nor request that the teleworking regime applies due to the same. As of 9 June, the suspension of activities developed in leisure centers also ceases and employees with children attending school (as a rule, who are 6 years old or older) may neither be absent from work due to this suspension, nor request that the teleworking regime applies due to the same. |
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UK |
The Chancellor, Rishi Sunak, announced on Friday 29 May further details of the forthcoming changes to the Coronavirus Job Retention Scheme (CRJS) which were trailed in his announcement on 12 May 2020:
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US |
The CDC published recommendations for reopening office buildings. According to the CDC, employers should, among other COVID-19 changes, take employee temperatures and check their symptoms upon arrival, space desks six feet apart or install shields between them, bar seating in common areas, and mandate face coverings. The CDC is also recommending updates to HVAC systems and abolishing communal perks like coffee pots and bulk snacks. You can also find the CDC’s Resuming Business Toolkit here. The CDC issued Interim Guidelines for COVID-19 Antibody Testing. The guidelines address the current status of antibody testing in the US, including types of antibody testing, FDA-authorized serologic tests, strategies to optimize testing outcomes, limitations of serologic testing, recommendations for use of serologic tests and other considerations. The guidelines recognize that serologic assays for SARS-CoV-2 are now broadly available and can play an important role in understanding the virus’s epidemiology in the general population, identifying groups at higher risk for infection, and determining the proportion of a population previously infected with SARS-CoV-2, as well as information about populations that may be immune and potentially protected. Importantly, however, the CDC guidelines provide that serologic testing should not be used to determine immune status in individuals until the presence, durability, and duration of immunity is established. The CDC further states that serologic tests should not be used to make decisions about returning persons to the workplace. The CDC issued contact tracing interim guidance intended to assist state, local, territorial and tribal health departments with their development of jurisdictional plans for COVID-19 investigation and contact tracing efforts. The guidance notes that for COVID-19, a close contact is defined as any individual who was within 6 feet of an infected person for at least 15 minutes starting from 48 hours before illness onset (or, for asymptomatic patients, 10 days prior to positive specimen collection) until the time the patient is isolated. OSHA issued an alert listing steps employers can follow to implement social distancing in the workplace and to help protect workers from exposure to the coronavirus. Safety measures employers can implement include:
OSHA continues to release recommended practices for employers in certain sectors. The latest alerts address protections for workers at nursing home and long-term care facilities, retail pharmacies, and rideshare, taxi and car services. States and localities continue to issue reopening guidance. For example:
Boston City Hall officials released guidelines and recommendations for reopening commercial buildings, which can start beginning June 1. Offices in Boston can open Monday at 25% capacity. The city’s nine-page guidance can be found here. Mayor London Breed unveiled a timeline for reopening San Francisco that will allow certain businesses and activities to resume with modifications in phases over the coming weeks and months. As long as San Francisco continues to make progress slowing the spread of COVID-19, meets key health indicators, and state guidance continues to allow more activities, San Francisco restaurants will be able to offer outdoor dining, retail businesses will be able to allow customers to shop inside with modifications, and additional outdoor activities can resume on June 15th. The City plans to allow additional activities and businesses to resume in July and August. Mayor Muriel Bowser announced that the District of Columbia will enter Phase 1 of its reopening plan on May 29. The administration will operationalize those recommendations from its advisory group that it accepts per phase by the Mayor’s order. The advisory group released its 76-page ReOpen DC report earlier this week. Washington’s DOSH enacted an emergency rule that allows the agency to cite Washington employers who fail to follow the patchwork of rules and guidance related to COVID-19. The emergency rule requires employers to cease prohibited business activities and come into compliance with requirements under the State’s Stay Home, Stay Healthy Proclamation, and amendments under RCW 43.06.220 (Emergency Proclamation). |
May 29 Update |
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Australia |
Victoria: the Victorian Government has announced that stay at home directions would be amended from Monday 1 June to state that if people can work from home, they are obliged to keep working from home. Penalties apply for those contravening these orders. NSW: the NSW Government has announced that from Monday 1 June, up to 20 people can attend weddings, 50 at funerals and 50 at places of worship, subject to the four square metre rule. WA: the WA Government has announced that phase 3 of the WA roadmap to ease COVID-19 restrictions will commence on Saturday, June 6. As part of Phase 3, Western Australia will implement a two square metre per person capacity rule for venues, replacing the previous four square metre rule, which is the current national advice. From 6 June:
Travel will now be permitted throughout Western Australia, including into the Kimberley region, pending the Commonwealth's approval to remove the Biosecurity Area on June 5. Access into remote Aboriginal communities will remain prohibited. |
Canada |
Manitoba: The province has announced its plan for Phase Two of its Restoring Safe Services plan, to commence June 1, 2020 with the re-opening of certain workplaces (subject to prescribed safety guidelines). Nova Scotia: Effective June 5, 2020, most businesses in the province that were previously required to close will be permitted to reopen, subject to sector-specific safety protocols. Quebec: The public health emergency in the province has been renewed to June 3, 2020. |
France |
The 100 km restriction on travel will be lifted on 2 June. Travel will be allowed in France as from that date. Travel in Europe will be decided on 15 June. Bars, restaurants and cafés will reopen in Green areas on 2 June and only the terraces in Orange areas (Paris). Public gatherings are still limited to 10 people. Theatres and concert halls will reopen in Green areas on 2 June and only the terraces in Orange areas (Paris). Cinemas and nightclubs remain closed until 22 June. Wearing a mask is recommended and companies are invited to provide masks to their employees. Wearing masks is mandatory on transport and it is only recommended in shops but customers can be refused if they are not wearing them. |
Hong Kong | Laundry trade subsidy opens: The Anti-epidemic Subsidy Scheme for the Laundry Trade opened for applications and will run until June 12 to help the trade cope with challenges brought by the current economic situation.NAbout $90 million has been earmarked under the Anti-epidemic Fund for the scheme to provide a one-off subsidy to help the laundry and dry cleaning services industry meet their operational costs. Around 1,400 laundry shops and workshops are expected to benefit. To take care of the livelihood of elderly employees, the scheme requires an undertaking from applicants not to reduce the total number of employees aged 65 or above for three months upon receipt of the subsidies. Otherwise, the Government may retrieve any subsidy already disbursed. Eligible applicants must hold valid business registration certificates for operating laundry and dry cleaning services or related collection and dispatch services at outlet shops. The services should have been in operation on or before May 12 and still in operation on the date of submitting the application. Depending on the size of the operation, an eligible laundry shop or workshop will receive a one-off subsidy ranging from $10,000 to $150,000. The first batch of subsidies is expected to be disbursed to approved applicants in late June at the earliest. |
India |
Pursuant to the announcement made in the Union Budget, Union Minister for Finance & Corporate Affairs has launched the facility for instant allotment of PAN (on near to real time basis). This facility is now available for those PAN applicants who possess a valid Aadhaar number and have a mobile number registered with Aadhaar. The allotment process is paperless and an electronic PAN (e-PAN) is issued to the applicants free of cost. Haryana: the State government has ordered that for the period of lockdown, private establishments can schedule their operations between 9am to 5pm. Rajasthan: the State government had granted an extension of working hours for factories in light of the restrictions on business operations and movement of people in the earlier phases of the lockdown. However, with the current relaxations in place (in terms of opening of factories / manufacturing units, non-requirement of passes for movement, etc.), the State government has withdrawn (with immediate effect) the extension on working hours granted to factories. Tamil Nadu: due to the economic impact of COVID-19, the State government has ordered the deferment of payment of taxes and dues to the Urban Local Bodies (all corporations including Greater Chennai Corporation, Municipalities and Town Panchayats) and also the renewal of D&O Trade License arising up to March 2020 for 3 months till 30 June 2020, without levying any penalty in view of COVID-19. Madhya Pradesh: the State government has clarified that no e-passes is required (except for those travelling from Indore, Bhopal, and Ujjain) for persons travelling from Madhya Pradesh to another location. Further, it is also clarified that their confirmed air / train tickets will be treated as valid e-passes for their movement from their residence to airports / train stations. Telangana: the State government has extended the applicability of paid holiday order till 31 May 2020. As per the paid holiday order, all the shops and establishments which are closed during the lockdown were required declare paid holiday for all categories of employees. |
Indonesia |
The Minister of Health has issued Circular Letter No. HK.02.01/MENKES/335/2020 on the Protocols to Prevent COVID-19 in the Workplace in the Service and Trade Sectors (Public Areas) to Support Business Continuity. The Circular Letter requires the following protocols to be followed: Operators or managers of workplaces or business actors in the service and trade sectors (public areas) must:
Workers must:
Consumers must:
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Netherlands |
Update on NOW 2.0: The Dutch government has announced that the NOW-regulations will be updated with regard to dismissal requests on the following points:
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South Africa |
The amended Regulations issued in terms of the Disaster Management Act, 2002 pertaining to Alert Level 3 (“Level 3”) of the lockdown in South Africa have just been released (the Regulations). South Africa will move to Alert Level 3 on 1 June, 2020 which will see a rapid and expanded opening of the economy. In terms of the amended Regulations:
In the construction, manufacturing, business and financial services sectors where there are more than 500 employees employers must finalize workplace arrangements in respect of the following:
Sector or industry bodies must, in the event of high health risks, develop sector-specific health protocols which must include provisions to limit the spread of COVID-19 in the sector concerned and provide for those circumstances where a business cannot operate staggering working hours or provide transport to its employees. |
UK | The Information Commissioner's Office has updated its Workplace testing – guidance for employers. Under the guidance, employers can in principle carry out temperature/health checks provided that they're only collecting the data they need, and not sharing the data any more widely than necessary. |
May 28 Update |
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Australia |
Northern Territory: The NT Government has announced that from Monday June 15, people arriving in the NT from interstate will no longer have to undergo 14 days of mandatory, monitored hotel quarantine, and instead can undergo the two weeks of self-quarantine at their own home, in private accommodation, or in appropriate commercial accommodation, at their own cost. Arrivals from interstate will be able to choose their own quarantine arrangements – as long as it is appropriate, within the guidelines directed by the Chief Health Officer. This change will not apply to people arriving from overseas, including overseas arrivals transiting from interstate. This new arrangement will also include mandatory coronavirus testing regime for all arrivals going into quarantine. |
Canada |
Alberta: On May 25, 2020, hairstyling and barbershops were permitted to reopen in Calgary and Brooks, and cafés, restaurants, pubs and bars were have reopened for table service at 50 per cent capacity. This is in addition to the reopening of limited businesses and activities in these cities on May 14, 2020. Starting May 25, 2020, organizations and businesses that have previously received or submitted a request for PPE from the Provincial Operations Centre or AHS can continue accessing PPE supplies, subject to availability and for a fee, until June 30, 2020. Starting July 1, 2020, businesses and non-Alberta Health Service (AHS) organizations will be required to access personal protective equipment (PPE) directly through suppliers. British Columbia: The state of emergency in the province has been extended until June 9, 2020. Manitoba: Public health orders in the province have been modified to increase the limit on gathering size to no more than 25 people for indoor premises and 50 for outdoor areas, providing social distancing measures are in place. Nunavut: On June 1, 2020, restrictions on some businesses will begin to lift and the limit on the size of outdoor gatherings will increase to 25 people. Ontario: The provincial government has extended many emergency orders, including the order requiring the closure of non-essential businesses, until June 9, 2020. Saskatchewan: The province has set the target date to begin Phase 3 of Re-Open Saskatchewan at June 8, 2020. The state of emergency in the province has been extended until June 10, 2020. |
Colombia |
The Ministry of Health issued Resolution 844 of 2020 that extends the health emergency across the country until August 31, 2020. This Resolution also reconfirms the requirement to implement biosafety protocols for those industries are allowed to operate despite the mandatory isolation measures. People over 70 must remain in quarantine until August 31, 2020. Mandatory lockdown has been extended until June 30, 2020. Some activities will be progressively authorized to restart operations, provided that they comply with the biosafety protocols. The Colombian President announced that the Government will pay 50% of the service bonus for those employees who earn a minimum legal wage. Moreover, the announcement mentioned that it is possible to agree with the employee to pay the other 50% in installments. The service bonus corresponds to 15 days of salary per semester worked and has to be paid on June 20 at the latest according to Colombian Labor Code. Note that this benefit is pending to be made law by way of a Government decree. |
Hong Kong | Secondary schools resume smoothly: The Education Bureau said it is content with the overall situation concerning the resumption of Secondary 3 to 5 classes. The bureau reminded parents to arrange masks for their children, measure their body temperature daily before leaving home and prevent them from attending school if they feel unwell. According to the bureau's plan, Primary 4 to Secondary 2 students will resume classes on June 8 while upper kindergarten to Primary 3 students will resume classes on June 15. |
Indonesia | The Minister of Health has issued Decree No. HK.01.07/MENKES/327/2020 on the determination of COVID-19 as a disease due to specific and certain work. Under the Decree, among other things,:
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Taiwan | The National Immigration Agency is giving 30-day extensions on an application basis to foreigners who legally stayed in Taiwan for 180 days, and are therefore not eligible for regular extensions. The criteria are as follows:
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May 27 Update |
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Australia |
Courts in some states and territories have announced steps to reopen to parties and the public. Notably, the NSW Supreme Court has stated that certain face-to-face civil hearings are to resume on 1 June 2020, followed by criminal jury trials from 29 June 2020.
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China |
Premier Li Keqiang delivered the annual government work report at the third plenary session of the 13th National People’s Congress saying that due to Covid-19, the policy on exempting or reducing companies’ contributions of social insurance (covering pension insurance, unemployment insurance and work-related insurance) which planned to be terminated by the end of June, 2020, will be extended and continue to the end of 2020. Small and micro enterprises may delay their enterprise tax payment to the next year. This year, the government will reduce tax burdens and social insurance contributions of enterprises by nearly RMB 2.5 trillion in total. |
UAE |
The Government of Dubai has announced a partial resumption of economic activities. As of Wednesday 27 May, indoor gyms and fitness clubs are permitted to reopen to 50% capacity. Cinemas and entertainment venues (such as Ski Dubai and Dubai Mall ice rink) may now also reopen. Contactless hand sanitizer dispensers must be installed in all common areas and social distancing of a minimum of two meters must be maintained. Gyms are not permitted to open any shower, spa, sauna or massage facilities. Dubai International Airport will also reopen for individuals re-entering the emirate and for those in transit. Retail outlets may now increase their maximum customer occupancy and staffing levels to 70%. Food and beverage outlets may operate at 100% capacity provided that social distancing measures are maintained. Offices may now operate at 50% employee capacity and all building elevators must have markings on the floor to indicate social distancing. The nightly disinfection programme timings have been revised to 23:00 to 06:00, during which individuals may not leave their homes unless for an emergency. There is now no restriction on movement from 06:00 to 23:00. Preventative measures, such as mask wearing, remain in place. |
US |
Join us on June 3, for a CLE Webinar on US back to work considerations for employers. Register here. Last week the CDC released additional guidance on reopening. See CDC Activities and Initiatives Supporting the COVID-19 Response and reopening decision tool. On May 23, 2020, the CDC issued Interim Guidelines for COVID-19 Antibody Testing. The guidelines address the current status of antibody testing in the US, including types of antibody testing, FDA-authorized serologic tests, strategies to optimize testing outcomes, limitations of serologic testing, recommendations for use of serologic tests and other considerations. The guidelines recognize that serologic assays for SARS-CoV-2 are now broadly available and can play an important role in understanding the virus’s epidemiology in the general population, identifying groups at higher risk for infection, and determining the proportion of a population previously infected with SARS-CoV-2, as well as information about populations that may be immune and potentially protected. Importantly, however, the CDC guidelines provide that serologic testing should not be used to determine immune status in individuals until the presence, durability, and duration of immunity is established. The CDC further states that serologic tests should not be used to make decisions about returning persons to the workplace. OSHA continues to release recommended practices for employers in certain sectors. The latest alerts address protections for workers at nursing home and long-term care facilities, retail pharmacies, and rideshare, taxi and car services. OSHA recently issued two revised enforcement policies to ensure employers are taking action to protect their employees as businesses reopen. First, OSHA is increasing in-person inspections at all types of workplaces. According to OSHA, “[t]he new enforcement guidance reflects changing circumstances in which many non-critical businesses have begun to reopen in areas of lower community spread. The risk of transmission is lower in specific categories of workplaces, and personal protective equipment potentially needed for inspections is more widely available. OSHA staff will continue to prioritize COVID-19 inspections, and will utilize all enforcement tools as OSHA has historically done.” Second, OSHA is revising its previous enforcement policy for recording cases of coronavirus. Under OSHA's recordkeeping requirements, coronavirus is a recordable illness, and employers are responsible for recording cases of the coronavirus, if the case:
Under the new policy, OSHA will enforce the recordkeeping requirements of 29 CFR 1904 for employee coronavirus illnesses for all employers. The policy continues to acknowledge that, given the nature of the disease and community spread, it remains difficult to determine whether a coronavirus illness is work-related, especially when an employee has experienced potential exposure both in and out of the workplace. OSHA's guidance emphasizes that employers must make reasonable efforts, based on the evidence avalable to the employer, to ascertain whether a particular case of coronavirus is work-related. According to OSHA, recording a coronavirus illness does not mean that the employer has violated any OSHA standard. Read more here. States and localities continue to issue reopening guidance. For example:
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May 26 Update |
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Australia |
The Australian Government has announced that the Industrial Relations Minister will chair five working groups with the aim of producing reform of Australia’s industrial relations system. The working groups will cover five key areas: award simplification, enterprise agreement making, casual and fixed-term employment, greenfields projects, plus compliance and enforcement in areas such as wage underpayment. The groups will include employers, small business, unions and other groups, and work through until September. The Australian Government has also announced it will not pursue the union-targeted Ensuring Integrity Bill, which would have given Australia’s courts greater powers to disqualify union officials and cancel union registrations on the basis of unlawful action. The Australian Government will temporarily the Corporations Act 2001 (the Act) so that companies and officers’ will only be liable if there has been “knowledge, recklessness or negligence” with respect to updates on price sensitive information to the market. Companies may also hold back from making forecasts of future earnings or other forward-looking estimates, limiting the amount of information available to investors during this period. The changes will be in effect for six months. In the states/territories: ACT: the ACT Government has announced an easing of restrictions. From Saturday 30 May:
NSW: the NSW Government has announced that beauty, nail, waxing and tanning salons can reopen from 1 June under strict COVID-safe guidelines. Before reopening, businesses will require a COVID-19 safe plan which includes increasing hygiene protocols and keeping a record of attendance. No more than 10 clients will be allowed inside salons at any one time and four square metres of space must be allowed per person. Zoos, reptile parks and aquariums will also be reopening from 1 June. South Australia: the South Australian Government has announced it is bringing forward the relaxing of its stage 2 restrictions to Monday 1 June (from 8 June). Cinemas, theatres, galleries, museums, beauty salons, gyms and indoor fitness centres will be able to reopen from next Monday 1 June. Those venues, along with pubs, bars, restaurants and cafes, will be able to admit up to 80 patrons, provided they can contain them to groups of 20 in discrete areas within the venue. Pubs will be able to serve alcohol without food but only to seated patrons. Rules allowing one person per four square metres, and 1.5-metre social distancing, will remain in place. Businesses will be required to complete COVID-19 plans and produce them on request. Further easing of restrictions includes that up to 50 mourners will be allowed at funerals, while training for contact sport will resume, as can competition for non-contact outdoor sports. Western Australia: the WA Government has announced that effective from Friday 29 May, travel around WA will be permitted everywhere except the areas bounded by the Commonwealth by security determination and remote Aboriginal communities. This means people in WA can travel to all regions except the Kimberley and the biosecurity zones. Northern Territory: the NT Government has announced that from 5 June, restrictions on travel to remote communities within the NT will be eased. Victoria: the Victorian Government has announced a range of restrictions to be opened:
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France |
As of 1st June, the conditions for the partial activity allowance (read more here) will be reviewed:
This measure will be implemented by decree. |
Portugal |
Decree-Law no. 20-G/2020 of 14 May established a scheme of incentives for companies with less than 250 employees to adapt to requirements imposed due to pandemic, in line with the rules and recommendations issued by the competent authorities. This incentive applies to companies operating in all sectors - except fisheries, agriculture, forests, the financial and insurance sector, defense and betting - and consists of financial support for the acquisition and installation of protection equipment, cleaning and disinfection, reorganization and adaptation of the workstations to grant social distancing and compliance with recommended hygiene measures. This financial support corresponds to 80% of the eligible costs incurred by companies with less than 10 employees and 50% of the eligible costs incurred by companies with between 10 and 249 employees. |
Singapore |
Further financial measures introduced amidst the COVID-19 Pandemic: The Singapore Government announced a Fortitude Budget on 26 May 2020 to help workers and businesses tide through the current COVID-19 pandemic. The Fortitude Budget is the fourth Budget introduced in the course of this year and amounts to approximately S$33 billion building upon the measures announced in the earlier budgets. The key focus of this Fortitude Budget is jobs, read a summary of the measures proposed which employers should note, here. |
US |
On May 14, 2020, the CDC released updated reopening guidance that focuses on cleaning and disinfecting workplaces, and a decision-making tool for workplaces to reopen. The CDC and OSHA continue to issue industry-specific guidance – for example, see interim guidance for manufacturing workers and employers. The U.S. Food and Drug Administration (FDA) issued two documents, a checklist and an infographic, designed to assist retail food establishments that might have been closed or partially closed during the COVID-19 pandemic in preparing to reopen. The IRS has issued relief guidance permitting certain mid-year cafeteria plan election changes in response to COVID-19 (Notice 2020-29). In related guidance, the IRS increased the carryover limit for unused amounts in health flexible spending arrangements (health FSAs) at the end of a plan year (Notice 2020-33). States and cities continue to ease restrictions and reopen the economy. For example:
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May 22 Update |
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Australia |
New South Wales: the NSW Government will allow pubs, clubs, cafes and restaurants to have up to 50 customers, subject to the one person per four square metre rule, and with strict social distancing guidelines from 1 June 2020. All customers must be seated and will be required to give their name and contact details (phone number and address) on entry. Group bookings will be limited to 10 people. These venues will also need to develop a COVID Safety Plan consistent with NSW Health guidelines. |
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Brazil |
The Legislative Assembly approved the decision of the Governor of São Paulo to move the holiday of June 9 to May 25. Thus next Monday 25 May is a holiday in the State of São Paulo. |
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Canada |
The Federal Government of Canada is now recommending people wear face masks whenever physical distancing is not possible. Manitoba: As of Friday, May 22, 2020, public health orders will be modified to increase the limit on gathering size to no more than 25 people for indoor premises and 50 for outdoor areas, providing social distancing measures are in place. Other changes such as an expansion of the types of businesses that can re-open are being discussed, and more details will be announced once those decisions are made. Quebec: The public health emergency in the province has been renewed to May 27, 2020. Saskatchewan: The province has identified June 8, 2020 as the target date for Phase 3 of its Re-Open Saskatchewan program. |
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Hong Kong |
Environment Bureau to offer 500 jobs The Environment Bureau announced plans to launch the Green Employment Scheme as an initiative to provide more than 500 time-limited jobs in the realm of environmental protection in the coming months. The scheme will cover three categories of environmental protection work, namely Electric Vehicles (EVs) Popularisation, Use Less, Waste Less and Leave No Trace at Mountain & Sea. The positions, both full-time and part-time, will last for six months to a year and are suitable for candidates with different skills and qualifications. The Community Green Stations (CGS) will also offer, through their operators, 45 jobs that include Environmental Education Officers and Assistants. The jobs include 150 green ambassadors and 50 cleaning workers under Leave No Trace at Mountain & Sea, 50 eco-tour guides and artisans, 100 green ambassadors for beach cleaning, and environmental investigators for the preparation of the voluntary scheme on phasing out products containing microbeads. Fifty waste reduction and recycling green ambassadors will be employed to strengthen the promotion of the Plastic-free School Lunch Pilot Scheme. Quarantine exemptions set The Government announced that enterprises with an operating base relating to logistics, port or shipping business on the Mainland can apply for an exemption from the compulsory quarantine arrangement. They include owners of enterprises with a valid business registration certificate and with an operating base relating to logistics, port or shipping business activities on the Mainland, as well as up to one person employed and authorised by the enterprise. The other category covers up to two people employed and authorised by such an enterprise. An exempted person must only travel to and stay in the Mainland area or city where that individual’s operating base is located, and must take every precautionary measure to ensure personal hygiene and avoid unnecessary social contact whilst there. After returning to Hong Kong, the exempted person will be subject to medical surveillance arranged by the Department of Health for a period of 14 days. Cross-boundary student plan drafted An initial implementation plan has been formulated on the feasibility of class resumption for about 2,500 cross-boundary secondary students. Exemption from the 14-day compulsory quarantine and class resumption arrangement on a controlled basis should be granted for cross-boundary students. The Government will explore the feasibility of class resumption by phases, with a pilot run involving about 2,500 cross-boundary students enrolled in Secondary 3 to 5 in the first phase. |
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India |
Gujarat: pursuant to the extension of lockdown in the State till 31 May 2020, the Gujarat government has published revised guidelines to be followed. The revised guideline inter-alia provide that – only essential activities will be allowed in the containment zones; workers/employees who live in the containment zones will not be allowed to leave containment zones, etc. Further, private offices in western Ahmedabad, Surat’s orange and green zones, and other areas outside containment zones are allowed to function with 33% staff capacity. Bihar and Chandigarh: pursuant to the extension of lockdown, the respective State /UT governments have released revised guidelines to be followed in the jurisdictions. While the revised measures for these State/UT are similar to the MHA guidelines (referred to in our update on 18 May 2020), private offices can operate with 50% and 33% staff capacity in Gujarat and Bihar, respectively. Indore (Madhya Pradesh): by way of partial modifications, the district authorities have given certain relaxations to the activities that are permitted in Indore. As per the relaxations, industrial units located in the Pologround industrial area, Samwer road sector A to Sector F, industrial and trading units located in Nemawar road ring road to bypass, and all units located outside Indore bypass are allowed to operate between 7am to 6pm after following social distancing measures and guidelines. Some of the measures required to be followed inter alia includes, the provisioning of thermal screening for workers; providing transport facilities, etc. |
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Italy |
Law Decree no 34 has been published. The Decree implements various employment related measures, including extending the prohibition on dismiss for objective reasons (both individual and collective) for a further three months. |
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Taiwan | The MOTCs outlined its plan for re-opening Taiwan in more detail. Currently, the MOTC expects the facemask mandate on public transportation to end in August at the earliest, and hopes to open Taiwan to international tourism in October. Starting May 27, travellers on the trains will be allowed to eat food again, however they will be required to wear their facemasks when not eating or drinking. | |
UK |
The Government has announced the introduction of a mandatory 14-day quarantine period for people arriving in the UK from overseas from 8 June. Arrivals will be required to provide an address at which they will self-isolate. People who breach the rules could be refused entry and could face a £1,000 fine. There are exemptions for freight workers, medical staff and travel within the common travel area. The quarantine measure will be reviewed in 3 weeks. The Government has published a revised Treasury Direction under sections 71 and 76 of the Coronavirus Act 2020. There are quite significant changes to the previous version. The new Direction was required due to the extension of the CJRS from 31 May to 30 June. The Government has also taken the opportunity to make changes to the Direction which appear to be aimed at removing some of the discrepancies between the Direction and the guidance. |
May 21 Update |
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Australia |
Australia Capital Territories: recent amendments have been made to ACT’s Long Service Leave (Portable Schemes) Act 2009 to allow eligible workers (in building and construction, contract cleaning, the community sector and security) to access up to two weeks of leave earlier and allow eligible workers who have left the industry because of the COVID-19 outbreak to access a payment instead of leave for their recognised service. A registered worker will be eligible for early access to their Portable Long Service leave if they have 18 months or more recognised service in the ACT, have recognised service in their relevant industry in the ACT in the 12 months immediately before the COVID-19 emergency and suffer hardship because of the COVID‑19 emergency. |
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Canada |
Canada: The large employer emergency financing facility (LEEFF) is available for applications starting today. Quebec: The province will begin to allow outdoor gatherings on May 22, and certain businesses (private health services and personal care services) will be permitted to resume activities on June 1. Saskatchewan: The province has amended its employment standards legislation to establish an open-ended period in which an employer can temporarily lay off employees during a public emergency and exempt employers from providing group termination notice to employees and the union during a public emergency. Yukon: The territory is now in Phase 1 of the Government of Yukon’s reopening plan, A Path Forward. |
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Hungary |
The Government has today issued a Decree on the border crossing from Austria. As of tomorrow (22 May) Austrian and Hungarian citizens (or an EEA citizen entitled to permanent residence verified by a permanent residence card) may enter the territory of Hungary if they are able to prove that they are currently not infected with SARS-CoV-2. The non-infection shall be verified with a ‘molecular biological test’ that
If a person enters the territory of Hungary and within 14 days of entering showss COVID-19 symptoms, then they must not leave their place of residence etc. and must notify the infectious disease authority via phone without undue delay. The main change introduced by the Decree is that the above individuals are not required to stay in mandatory home quarantine after entering the country. |
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India |
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Indonesia |
Government measures On 19 May 2020, the Governor extended the LSSR in the Jakarta area for 14 days from 22 May 2020 to 4 June 2020. Everyone domiciled, residing or engaging in activities in the Jakarta area must comply with the LSSR according to the prevailing laws and regulations and follow the COVID-19 prevention protocols. Besides, no one may travel in or out of Jakarta during the non-natural disaster emergency declared due to the spread of COVID-19. Anyone caught violating this prohibition will be ordered to return to where they came from and stay home or if they insist on entering DKI Jakarta, spend 14 days in quarantine in a location determined by the COVID-19 task force. However, holders of an electronic National Identification Card (“e-KTP”) and foreigners who hold an e-KTP/permanent stay permit/limited stay permit for Jakarta, Bogor, Depok, Tangerang or Bekasi (“Jabodetabek”) traveling to/or from an area in Jabodetabek are exempt from this prohibition, provided that they have a SIKM (explained below). The following among others are also exempt if traveling to/from their places of work:
A SIKM can be applied for by completing an online application at www.corona.jakarta.go.id and submitting the following documents:
A civilian, business person, or foreigner who due to his/her duties or because of an emergency must travel into Jakarta from outside of Jabodetabek requires a SIKM obtained through the online application by submitting the following documents:
According to the website (https://corona.jakarta.go.id/id/izin-keluar-masuk-jakarta#11sektor), applications for a SIKM for those domiciled in Jakarta must also be accompanied by a i) colour ID photograph and ii) a scanned copy of the KTP. Meanwhile, those who are domiciled outside of Jabodetabek, must also submit i) a written statement explaining that they are working in Jakarta from their workplace (for repeated travel) and ii) a written guarantee from their family/workplace in Jakarta known to their local head of RT (for one-time travel). In Jakarta,
Travel prohibition People who are exempt from the prohibition to travel are:
To prove they are eligible for an exemption they must show the following documents, among others:
The above is valid up until 31 May 2020 and may be extended, as required. Following the above, the Minister of Transportation requires the following:
Besides, the Minister of Health requires:
The foreigners entering Indonesia referred to in Circular Letter 313/2020 are those who are allowed to enter Indonesia under Minister of Law and Human Rights Regulation No. 11 of 2020 on Temporary Restrictions on Foreigners Entering the Territory of the Republic of Indonesia: i) foreigners holding a Limited Stay Permit or Permanent Stay Permit, Diplomatic Visa/Official Visa and Diplomatic Stay Permit/Official Stay Permit; ii) those entering for medical aid and medical support, food and humanitarian reasons; iii) aircraft or vessel crews; and iv) foreigners who will work on national strategic projects. |
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Malaysia | Changes to international travel restrictions: The government has announced some changes to the international outbound and inbound travel restrictions during the Conditional Movement Control Order (MCO) period. Individuals holding Malaysia My Second Home status will now be allowed to return to Malaysia, subject to the following conditions: 1. Before leaving for Malaysia, they must undergo a health check and obtain confirmation that they are COVID-19 negative. 2. Upon arrival in Malaysia, they will be subject to a health screening, and must undergo a 14-day quarantine at a government designated location. 3. The individuals must pay for the cost of accommodation during the quarantine. The government also announced that Malaysians who hold Permanent Resident status in other countries will be allowed to leave Malaysia. However, those who choose to leave will not be allowed to return to Malaysia until the expiry of the Conditional MCO. | |
Netherlands |
The NOW scheme for funding salary costs has now been updated and also extended for a further 3 month period so that it will cover salary costs up to 31 August 2020. Click here for more information. |
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Spain |
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Taiwan |
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May 20 Update |
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Australia |
The Australian Government has announced it will not proceed with the Onshore Biosecurity Levy. The levy was first proposed in a 2017 independent review, which found that the national biosecurity system was underfunded, and recommended the introduction of a levy on imports to generate revenue for biosecurity functions that could not be cost recovered. The Fair Work Commission has varied the Fast Food Industry Award 2010. The variations insert a new schedule which applies to employers who do not qualify for JobKeeper and employees who do not qualify for JobKeeper (and their employers in relation to those employees). The variations allow covered employers to reduce part-time workers' guaranteed hours to eight, with no overtime penalties, amend rosters, and request employees take annual leave, which they must not "unreasonably" refuse. The added safeguards include the right of workers to have disputes arbitrated and the requirement that any extra hours be genuinely agreed "without coercion or duress". The operation period for this variation is from 19 May to 31 July. In the specific states/territories:
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Brazil |
On 19 May, Decree 59.450 was sanctioned by the Mayor of São Paulo. The idea is to bring forward upcoming public holidays in order to facilitate social distancing during quarantine. May 20 and 21 will be public holidays in the city of São Paulo and the Governor of São Paulo is planning to move the holiday of June 9 to May 25. |
Canada |
The Canada Emergency Wage Subsidy will be extended another three months to the end of August. The government will be looking at making adjustments to the program. Moreover, the government is also changing the eligibility requirements for the wage subsidy. More details are available here: https://www.dlapiper.com/en/canada/insights/publications/2020/05/canada-emergency-wage-subsidy-extended-to-august-2020/. British Columbia: The Province has released the initial set of WorkSafeBC guidelines that will help businesses and organizations develop their plans to reopen safely in the coming days and weeks. More details are available here: https://www.dlapiper.com/en/canada/insights/publications/2020/05/bc-restart-plan-phase-two/. Manitoba: The state of emergency in the province has been extended until June 16, 2020. New Brunswick: The state of emergency in the province has been extended until May 28, 2020. Newfoundland and Labrador: The public health emergency in the province has been extended until May 31, 2020. Northwest Territories: The territory has entered Phase One of its Emerging Wisely Plan, and has allowed some businesses to open. Nova Scotia: The government has eased some additional public health restrictions around COVID-19. Nunavut: The state of emergency in the territory has been extended until May 28, 2020. Ontario: The province has allowed additional workplaces to re-open. More details are available here: https://www.dlapiper.com/en/canada/insights/publications/2020/05/more-ontario-businesses-prepare-to-reopen/. The Ontario government, in consultation with the Chief Medical Officer of Health, has extended all emergency orders currently in force until May 29, 2020. Prince Edward Island: The state of emergency in the province has been extended until June 14, 2020. Saskatchewan: The province has allowed additional workplaces to re-open. |
Colombia |
The Ministry of Labor has issued Decree 676 in which states that COVID-19 must be considered and treated as a “labor disease” for health personnel, managers, janitors, security staff and others who work directly with health services. Therefore, the Labor Risks Manager will be responsible for payments and social benefits in cases of infection with COVID-19. As of May 19, 2020 the Ministry of Treasury issued Decree 677 that amends Decree 639 from 2020 with the following changes:
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Hungary |
The National Public Health Centre has issued detailed guidance on preventive sanitary measures to be followed when returning to the workplace. The document is only available in Hungarian. |
May 19 Update |
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Australia |
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South Africa | The Commission for Conciliation, Mediation and Arbitration (“CCMA”) announced hat the CCMA offices nationally are open and fully operational from Monday 18 May 2020. In its announcement, the CCMA sets out the steps that it has taken to protect its employees and the parties attending at their offices for hearings, including that anyone wanting to gain access to their buildings must submit to compulsory screening, must wear a face mask, must apply hand santizer and must adhere to social distancing rules. With regard to the latter, only parties of 10 or less will be permitted to enter CCMA buildings or other designated venues. The communication states that failure to adhere to the rules set out in the communication will result in the matter not being heard and/or refusal of permission to access the CCMA building. |
UAE |
The UAE has announced that foreign national UAE residents who hold valid residence visas and who are currently abroad will be permitted to return to the country from 1 June 2020. Currently, UAE residents abroad must apply for permission to return, with priority being granted to key workers or those whose repatriation requires to be prioritised on humanitarian grounds. In Dubai, following an easing of movement restrictions over Ramadan, the nightly curfew has been extended by two hours such that individuals are not permitted to leave their homes other than for an emergency during the hours of 20:00 and 06:00, effective 20 May 2020. Malls and shopping centres will now be open from 09:00 to 19:00 and supermarkets may operate 24 hours per day. |
May 18 Update |
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Spain |
Order SND/414/2020 from the Ministry on Health, dated May 16, has been published on the official gazette (BOE). As part of Phase 2 of the Plan for the transition for the new normal, the Order provides for flexibility in relation to some of the national restrictions which were established as part of the Emergency Situation The Order regulates several measures in relation to retail, hospitality etc. Section 3 continues to promote remote work. It states that provided that it is possible, remote work should be maintained when possible. |
Hungary |
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South Africa |
The Department of Trade, Industry and Competition has published a new directive regarding e-commerce/ online sales during Alert Level 4 (“Directive”), attached hereto. In terms of the Directive all retailers selling goods on e-commerce platforms must ensure that, in addition to following the health and safety measures already issued by the Minister of Employment and Labour, employees in the e-commerce sector must also adhere to the following:
In addition to the above, all delivery services must ensure that:
The directive in respect of the Temporary Employee/ Employer Relief Scheme (“TERS”) has been amended to make allowance for employees to individually apply for the COVID-19 TERS benefits if, amongst other things, the employee’s employer has failed or refused to apply for the TERS benefit on the employee’s behalf. |
May 15 Update |
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Australia |
The Australian Government has announced that elective surgery can resume across Australia. However, the resumption of elective surgeries in each state/territory will still to be determined by the government of that state/territory. Queensland: the Queensland Government has announced that from Monday 25 May, Queensland schools will fully reopen to students from all grades. Kindy, prep, year 1 and years 11 and 12 went back to school this week. |
UK |
A new version of the Job Retention Scheme guidance was published yesterday: Check which employees you can put on furlough to use the job retention scheme. The previously published guidance has also been updated to reflect the announcement of the extension of the scheme:
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May 14 Update |
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Australia |
The Australian Parliament has passed new privacy laws for the COVIDSafe app. The Australian Government has also issued new regulations which limit the life of enterprise agreements that are altered using the shorter 24 hour notice period to 12 months. The ‘mutual obligation’ JobSeeker requirements, which provide that those unemployed must attend appointments and job interviews to receive the social security payment, has been suspended until at least 1 June 2020 (with the obligation to be brought back in stages thereafter). Following legislative changes that reduced the minimum time that workers have to consider changes to their enterprise agreements proposed by employers from one week to one day in April, the Attorney-General, Christian Porter, has signalled an intention to publish regulations that would limit any changes made to workers’ pay and condition deals with their employers in response to COVID-19 will only be in effect for 12 months. This is slated through for passage through the relevant institutions in the future. The Australian Securities and Investments Commission (ASIC) is extending the deadline for both listed and unlisted entities to lodge certain financial reports by one month. The extension applies to companies due to report up to and including 7 July 2020. In specific states/territories:
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Canada |
British Columbia: The state of emergency in the province has been extended to May 26, 2020. Northwest Territories: The government has released its plan, titled Emerging Wisely, which charts the path to easing public health restrictions. Ontario: The state of emergency in the province has been extended to June 2, 2020. Saskatchewan: The state of emergency in the province has been extended to May 27, 2020. |
Spain |
Royal Decree-Law 18/2020 dated May 12, published on May 13 allows temporary layoff procedures due to force majeure to be extended until June 30, 2020 and provides for an extension of the term for relief from social security contributions and for the job retention clauses. The new regulation also establishes restrictions on dividend distributions at companies that have implemented an ERTE temporary layoff procedure, and extends the provision not allowing dismissals on grounds related to COVID-19 to June 30, 2020. Read about the changes in full here. |
UK |
The Information Commissioner’s Office (ICO) has published guidance for employers on complying with data protection law when taking steps to manage Covid-19 health and safety risk in the workplace. The Guidance focuses on ‘testing’ of employees (which includes collecting data about symptoms and the conducting of temperature checks, and well as collecting data about Covid-19 test results), but also touches on other measures which businesses might be considering in order to monitor employee movements within the workplace. The Guidance forms part of the ICO’s ongoing programme of guidance on data protection and the coronavirus pandemic. |
May 13 Update |
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Australia |
In response to the Australian Government announcing a roadmap to guide Australia out of Covid-19 lockdowns, the States/Territories have announced: Queensland: From 16 May, the following is allowed in outback Queensland (in addition to the easing of restrictions that was previously announced):
South Australia: South Australia will become the first state to begin to fully restore elective surgery from 14 May with the lifting of the Appropriate Surgery Direction. Victoria: Victoria has clarified that operators of various facilities are to keep a record of members of the public who attended certain facilities (including their contact phone number and the date and time) to support contact tracing in the state. This includes operators of physical recreational facilities, community facilities (hosting a wedding or funeral), arenas, places of worship and auction houses. |
Colombia |
The National Apprentice Service (per its acronym in Spanish SENA) issued Resolution 1-0511 which extends the suspension for all administrative and disciplinary processes in course. This suspension takes place as of May 11, 2020 and up to May 24, 2020. The suspension of terms does not apply to:
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Italy
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Currently in Italy there is currently a prohibition on terminating any employment contract due to “justified objective reason” (including the negative impact of the COVID-19 emergency on the business of the company) until (at least) 16 May 2020. There is currently a draft law providing for the extension of this term for an additional 90 days - until 16 August. The draft law is expected to be approved in the coming days. During the prohibited period, any withdrawal of an employment contract in breach of this rule will be considered null and void and the employee will be reinstated in his/her job position. Disciplinary dismissals are allowed. |
Spain |
As noted in our update below, an agreement between social agencies was reached on 11 May regarding an extension of some labor measures such as:
among other things. It is expected that this agreement will be made legally binding with its publication in the Official Gazette this Wednesday. |
UAE |
In Dubai, the Supreme Committee of Crisis and Disaster Management has announced that hotels may now reopen their private beaches only to their guests while enforcing stringent preventive measures, including mandatory physical distancing between individuals. Hotel pools must remain closed. Sports and recreational activities are now also permitted in open spaces for up to five people, including cycling, water sports and skydiving, subject to strict preventative measures. |
May 12 Update |
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Australia |
The National COVID-19 Coordination Commission has released a "planning tool" to help employers plan a safe return to work as coronavirus restrictions ease. The NCCC says the tool complements the Safe Work Australia guidelines and is available here. The Fair Work Commission has set timeline benchmarks for JobKeeper disputes that will require:
Victoria: In response to the Australian Government announcing a roadmap to guide Australia out of Covid-19 lockdown, the Victorian Government has announced that state schools will gradually be returning to onsite learning from 26 May. 25 May will be a pupil free day for state schools, but then there will be a return to face-to-face learning for prep, Grade 1, Grade 2, Grade 11 and Grade 12 from 26 May. Grades 3 to 10 will return from 9 June. Grades 3 to 10 will still be allowed to attend classrooms early if they are unable to learn from home. |
Canada |
The government announced that is it establishing the Large Employer Emergency Financing Facility (LEEFF) to provide bridge financing to Canada’s largest employers, whose needs during the pandemic are not being met through conventional financing, in order to keep their operations going. The Government is extending the Canada Emergency Wage Subsidy beyond June to help kick-start the economic reopen and boost jobs. New Brunswick: Has has entered Phase 2 of its reopening plan. Newfoundland and Labrador: Effective today, Newfoundland and Labrador will enter Alert Level 4. Alert Level 4 permits the gradual resumption of some activities and business operations, while maintaining certain public health measures to stop the spread of COVID-19. Nova Scotia: Has announced that its reopening plan is under development. Prince Edward Island: Has begun to ease restrictions related to COVID-19 as of May 8, 2020. |
Colombia |
The Ministry of Health has issued Newsletter 30 to clarify the conditions for working from home for those industries who restarted operations this Monday 11 of May:
The Ministry of Health also issued Resolution 735 with additional requirements on the biosafety protocol for specific industries such as: call centers, delivery and courier companies. The measures include:
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Hong Kong |
We are expecting to hear further details about the Employment Support Scheme (i.e. wage subsidy) later today / tomorrow. Estate agents subsidy: The Government has earmarked $135 million under the second round of the Anti-epidemic Fund to provide a cash subsidy to individual licensees in the estate agency sector. A one-off cash subsidy will be provided to each licensee of a salesperson's licence and an estate agent's licence (individual). The subsidy amount is equal to the 24-month licence fee of the respective licences. The amount for a salesperson's licence is $2,510 and $3,930 for an estate agent's licence (individual). It is estimated that the measure will benefit about 40,000 individual licensees. There is no need to submit an application for the cash subsidy. The Government will provide the cash subsidy to the eligible licensees in batches through the Estate Agents Authority. The first batch of subsidies is expected to be disbursed in late May. |
India |
Madhya Pradesh: By way of an amendment to the Madhya Pradesh Industrial Employment (Standing Orders) Act 1961 (SO Act), the State government has exempted all establishments with 100 or less employees / workers from the applicability of SO Act. Relaxations are also provided by way of multiple amendments in terms of: validity of license granted under the Contract Labour (Regulation & Abolition) Madhya Pradesh Rules, 1973; applicability of Factories Act, 1948 for the next 1000 days (except for certain provisions related to safety and overtime wages), etc. New industries which begin production for the first time in the next 1000 days will be exempted from the applicability of industrial disputes laws (except for certain provisions related to lay-off and retrenchment). Uttar Pradesh: The State government has exempted all factories and establishments engaged in the manufacturing process from the operation of all labour laws for a period of 3 years. However, this exemption is subject to certain conditions, which includes among other things, that:
This has not yet been published in the official gazette yet (which will demonstrate that the change is in force). Note that there are questions being raised on the constitutional validity of these changes, specifically the ones in Uttar Pradesh. |
Indonesia | The Head of the National Task Force for the Acceleration of the Handling of COVID-19 has announced that the government will allow people under the age of 45 to engage in certain activities. However, they must still follow the COVID-19 prevention protocols, such as keeping a distance from each other, avoiding crowds, wearing a mask, and often wash their hands with soap. Apparently, people under the age of 45 are less vulnerable so they can keep working and not be terminated. |
Malaysia |
Malaysia enters next phase of Conditional Movement Control Order (MCO) Today marks the last day of the first phase of the Conditional MCO, and Malaysia now enters a further extended Conditional MCO, which currently is set to expire on 9 June. Malaysia has been under an MCO since 18 March. There are no changes to the operating conditions for employers/businesses. |
Taiwan | The Ministry of Transport and Communication has amended the subsidy system for businesses operating in train stations. Previously, only the general operator was able to apply for subsidies and rent reductions. Under the new rules, the general operator may pass on up to 50% of the subsidies received from the MOTC to the individual stores. The Ministry of Economic Affairs ( MOEA) also launched a website for a streamlined subsidy application process for MOEA subsidies, and not subsidies provided by other ministries. |
UK |
It was announced today that the Coronavirus Job Retention Scheme (CJRS) will be extended to the end of October 2020. Highlighting that 7.5 million jobs from nearly 1 million businesses have been furloughed, the Chancellor has indicated that the Government will continue to support people back to work as the economy reopens. The key details are as follows:
Full details will be published by the end of May 2020. Read more on the recent UK developments here. In other developments:
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May 11 Update |
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Australia |
In response to the Australian Government announcing a roadmap to guide Australia out of Covid-19 lockdowns, the States/Territories have announced: Queensland: Will begin its “step one” from Saturday 16 May. People in Queensland will be allowed gatherings of 10 people in public spaces, and dining at cafes, restaurants, pubs and clubs for up to 10 people at a time. There will also be travel up to 150km from home, and up to 10 wedding guests and 20 funeral guests for indoors funerals (30 guests for outdoor funerals). The Queensland Government also announced that businesses on JobKeeper will also be exempt from payroll tax on the JobKeeper payments. Victoria: The Victorian Government has announced that from Wednesday 13 May, there is a fifth reason to leave the home, being to visit friends and family. This means:
NSW: The NSW Government has announced that from Friday 15 May, people in NSW will be allowed to have five visitors in their home and gather in groups of up to 10 people outside. Places of worship will also be open to up to 10 people. Restaurants and cafes will be open to up to 10 dine-in patrons, however these businesses must abide by physical distancing, including the four square metre rule. Weddings will be allowed to have 10 guests, funerals will be able to have 20 attendees if held indoors and 30 if outdoors. The restrictions on regional travel within NSW remain. WA: The Western Australian Government has announced a four-stage plan to ease lockdown restrictions.
NT: The NT Government has confirmed it will ease restrictions to stage 2 in line with the roadmap previously released by the territory. From Friday 15 May, NT will see some indoor activities allowed, as well as cafes, restaurants, beauty therapy clinics and certain other businesses reopening. These activities in stage 2 will be subject to physical distancing requirements and a two hour time limit. Environmental health officers will be conducting checks to ensure compliance. Prior to resuming operation all businesses and organisations are to have a Covid-19 Safety Plan in place. South Australia: the South Australian Government will allow outdoor dining at restaurants and cafes, and re-open university and TAFE tutorials, public libraries and pools, churches, community halls and auctions, from Monday 11 May. Groups will be limited to up to 10 people except at funerals, where 20 people are allowed to attend indoors and 30 people outdoors. Caravan and camping holidays, as well as regional travel in general, will also be permitted from 11 May. ACT: The ACT Government has announced it will ease restrictions to allow gatherings of up to 10 people from 9 May. This includes boot camps, picnics, house inspections, auctions. Indoor funerals can now have up to 20 people, whilst outdoor funerals can have up to 30 people. Physical distancing must be followed at all times, with people to keep 1.5m apart. There should also only be one person per 4 square metres indoors when people are visiting other households. Tasmania: the Tasmanian Government has announced that on May 11 the number of attendees allowed at a funeral will increase from 10 to 20 people. Aged care visits will also be allowed once a week for a maximum of two visitors. National Parks and reserves will open to residents who live no more than 30km away. The Australian Government has temporarily suspended early access of up to $10,000 in super this financial year and next, after the Australian Federal Police confirmed it is investigating cases of fraud. The Australian Government has also announced it is delaying the implementation of the findings of the banking royal commission for six months. |
Brazil |
The governor of the State of São Paulo has extended quarantine until May 31. The governor of the State of Rio has also extended quarantine until May 31 but lockdown is under discussion for the coming weeks. |
Canada |
The Federal government of Canada has reached an agreement with all the provinces and territories to top-up the wages of essential workers. More details on this top-up program are to come as the details are still being worked out with a few provinces. The Office of the Privacy Commissioner of Canada, in collaboration with provincial and territorial privacy commissioners, has released a guidance document to provide privacy principles for contract tracing and similar apps. Alberta: The Alberta Occupational Health and Safety Code has been amended to permit the use of additional types of respiratory protective equipment (including FFP2, KN95, P2, Korea 1st class, and DS respirators) at work sites. British Columbia: The province has entered stage 1 of a 4-stage restart plan. Phase 2 is currently scheduled to begin in mid-May. Phase 3 is targeted to begin sometime between June and September of 2020, depending upon the progress of Phases 1 and 2. Manitoba: The province has released a multi-phase Restoring Safe Services Plan, with phase 1 having commenced on May 4, 2020 and phase 2 to commence no earlier than June 1, 2020. Ontario: The state of emergency in the province has been extended until May 19, 2020. The government has begun to ease restrictions on the operations of certain businesses (garden centres, nurseries, hardware and safety supply stores, and retail stores capable of providing curbside pickup). Quebec: The public health emergency in the province has been renewed until May 13, 2020. The government has indicated that it is safe for workers under 70 years of age to return to work if they are part of the gradual reopening of businesses, provided that hygienic and social distancing measures are respected within the work place. |
Colombia |
The Colombian President has issued Decree 639 which sets out a new program to support employment with a payroll benefit for companies. Terms and conditions to access this benefit are:
The Treasury Ministry issued Newsletter 21 ruling on subsidy to be granted to employers. The subsidy will be 40% of the minimum legal monthly wage for employees of companies that have had a 20% of reduction in their income. This is an a new measure to protect employment. This Newsletter also postponed income tax payment until December 2020. Bogota’s mayor issued Decree 126 setting forth additional transitional measures for managing the risk derived from the pandemic in Bogotá: The main measures are:
Not complying with the regulations may incurred in monetary sanctions or even deprivation of liberty up to 8 years. The President also issued Decree 636 of 2020 ordering the extension of the national lockdown to Monday May 25, 2020. However, this decree allows certain new sectors to restart operations, as follows:
Regional authorities will be able to modify the conditions of the sectors who restart operations if necessary to control the outbreak of COVID-19. The President also issued Decree 637 which declares a new Economic, Social and Ecological Emergency for 30 days as of May 6, 2020. This allows the President to issue decrees with force of law to rule in matters where Government deems convenient its intervention. |
Hong Kong |
ID card replacement to resume: The Immigration Department announced that the operation of all nine Smart Identity Card Replacement Centres will be fully resumed on May 11 in light of the more stabilised epidemic situation. Support scheme applications set: The Government will launch the Subsidy Scheme for Beauty Parlours, Massage Establishments & Party Rooms under the second round of the Anti-epidemic Fund on May 11. Under the scheme, each eligible beauty parlour or massage establishment will receive a one-off tiered subsidy of $30,000, $60,000 or $100,000, depending on its number of workers. Each eligible party room will receive a one-off subsidy of $40,000. Coach drivers scheme opens: The Tour Service Coach Drivers (Mainly Serving Tourists) Support Scheme, under the second round of the Anti-epidemic Fund, is open for applications from today to June 5. The scheme will provide each tour service coach driver with a one-off subsidy of $10,000. Scheduled premises' rules clarified: Premises can still operate other licensed businesses which are not required to be suspended if they were operating more than one licensed business before the closure. Certain scheduled premises, namely karaoke establishments, clubs or nightclubs, party rooms and bathhouses, should remain closed until May 21. However, these scheduled premises may still operate other licensed businesses if the operators have implemented all measures to effectively stop or avoid operation of businesses and offering services which are required to be suspended. Facilities, installations and equipment for karaoke activities are closed or properly sealed off and notices are posted in prominent locations at the entrances clearly indicating that only catering services but no karaoke services are provided in the premises. Other scheduled premises operating more than one licensed business can adopt similar measures to operate other licensed businesses which are not required to be suspended, the bureau added. |
India |
In light of the Bombay High Court decision in Align Components Private Limited v. Union of India (Writ petition 10569 of 2020), the labour department of Madhya Pradesh has allowed employers to deduct wages of employees refusing to come to work in the industries which are allowed to operate during the lockdown. Gujarat: The government has released guidelines regarding activities permitted in the red, orange, and green zones of the State. Noida: To streamline the issuance of passes to industrial units, the district authorities have launched an online portal (https://ipassgbn.azurewebsites.net/). The facility for obtaining permission through emails has also been introduced for industries by providing necessary details of the unit. Uttar Pradesh: The government has released a format for the application to be submitted by industrial units (along with the self-declaration of compliance with social distancing measures) for operations during the lockdown. Haryana (Gurgaon): The authorities have released guidelines for the operation of industries and commercial establishments in the territorial jurisdiction of Gurgaon. Karnataka: The government has issued an advisory for IT/ITES companies which covers various measures including operating practices, material movement and actions to be taken on detection of COVID-19 case in the workplace. The government has also permitted inter district movement of individuals and vehicles to undertake the permitted activities. For this, Bengaluru Urban and Bengaluru Rural will be treated as a single unit for movement during daytime between 7am to 7pm with no requirement to obtain movement passes as official company letter / ID card would suffice for the purpose. Maharashtra (Navi Mumbai): The Navi Mumbai Municipal Corporation issued revised guidelines on the measures to be put in place for the lockdown period till 17 May. The government has relaxed working hours provision for the factories located in the state. Madhya Pradesh: The government has issued orders with revised guidelines to extend the lockdown in the state till 17 May 2020. The government has also released guidelines regarding activities permitted in the red, orange, and green zones in the State. |
Indonesia |
A Circular Letter issued by the Ministry of Manpower on the implementation of the religious day benefit (THR) states among other things:
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Ireland |
The Irish National Return to Work Safely Protocol was published on Saturday 9 May. The Protocol sets out guidelines for employers to prevent the spread of Covid19. Read the details here. |
Malaysia |
The government has stated that the authorities will shut down the entire operations of any company that has even one worker who tests positive for COVID-19. |
Netherlands |
On Wednesday, 6 May 2020, the Dutch government announced what government restrictions that were put in place due to Covid-19, will be lifted or loosened. As from 11 May 2020:
As from 1 June 2020:
As from 1 July 2020:
As from 1 September 2020:
Measures that continue to apply:
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Singapore |
The Ministry of Health announced on 2 May 2020 that some of the tightened circuit breaker measures would be eased gradually over the following weeks as local transmission numbers reduce and to allow select economic activities to resume. The gradual re-opening of work places will be done progressively, taking into account various factors including the ability to minimize transmission risks at the workplaces. This would entail more stringent requirements on all employers, further details of which have now been provided by the Ministry of Manpower and the Ministry of Trade and Industry on 6 May 2020 and 9 May 2020 respectively. Read full details of the safety requirements on employers here. |
Spain |
An agreement between social agencies was reached on 11 May regarding an extension of some labor measures such as:
among other things. It is expected that this agreement will be made legally binding with its publication in the Official Gazette this Wednesday. On May 9, new Order SND/399/2020 was published by the Ministry of Health regarding the flexibility of national restrictions due to the emergency situation during implementation of Phase 1 of the transition to the new normal. It includes regulations in relation to health and safety in the workplace. |
Sweden |
Summary of new measures proposed by the government Extended reimbursement for the first day of sickness: The reimbursement for the first day of sickness, which would originally been valid until 31 May, is proposed to be extended for four months to 30 September 2020. Additionally, the standard compensation is increased by SEK 104 from 1 June. This means that anyone who has been ill and receives a salary deduction can apply for a standard compensation of SEK 804 from the Swedish Social Insurance Agency from that date. Waived requirement for medical certificate: The government has proposed that the requirement to show a medical requirement shall be waived until 30 September 2020, in order to reduce the burden on the health care system. The temporary rules imply that a person does not have to prove his or her absence with a medical certificate during the first 14 days of sickness in order to receive sick pay or sickness benefit, compared to the usual rules according to which a medical certificate is to be submitted from the eighth day of sickness. State responsibility for sick pay costs is extended and adjusted: The state is currently covering the employer's costs for sick pay for April and May 2020. It has now been proposed that this state aid shall be extended to cover sick pay costs during June and July. From 1 August to 30 September, the state will reimburse employers for higher sick pay costs as a result of the corona pandemic. The government is currently preparing the details of the proposal. Increased unemployment benefit from day 101: The Government has proposed that the cap for unemployment benefit scheme's income-related remuneration shall be increased for remuneration day 1010 and onwards from SEK 760 to SEK 1000 per day. The increase is temporary and applies from June 29, 2020 to January 3, 2021. |
Taiwan |
The Ministry of Labor has announced extended subsidies for adversely affected employees with disabilities and sheltered work spaces. These subsidies are intended to provide necessary additional special assistance. The Ministry of Labour also announced extensions for microloans that are available until December 31. The Ministry of Transport and Communications (MOTC) announced a four-step plan to relax COVID-19 related restrictions on travel, including the facemask ban and the reduced max. capacity on trains. The MOTC also announced a taxi fuel subsidy of up to NT$2,000 per month, which comes in addition to the regular subsidies of up to NT$10,000 per month and NT$18,960 per month for training. This fuel subsidy is available for up to 6 months. The Centre for Disease Control announced that businesses who are currently closed due to COVID-19 may reopen if they comply with the social-distancing guidelines. The decision regarding this compliance will be issued by the local governments. The Ministry of Education announced a NT$2 billion subsidy plan for the sports industry and affected employees. Applications are open and can be filed online under https://rev.sa.gov.tw/Apply |
UAE |
The Ministry of Human Resources and Emiratisation (“MOHRE”) has urged private sector employers located ‘onshore’ in the UAE not to terminate employees infected with Covid-19. However, no legislative protections have been introduced and MOHRE confirmed that any complaint concerning the termination of employment due to Covid-19 would be handled in accordance with existing legislation and practices. MOHRE has not yet issued any guidance on terminations resulting from Covid-19, with Ministerial Resolution No. 279 of 2020 (please see our April 1 update) not referencing redundancies. |
UK |
On Sunday 10 May, the Prime Minister set out a conditional plan for easing lockdown. The key points announced so far for England include:
There are slightly different rules in place for Scotland, Wales and Northern Ireland. On 11 May, the Government published guidance for employers to help get businesses back up and running and workplaces operating safely. The guidance covers 8 workplace settings which are allowed to be open, from outdoor environments and construction sites to factories and takeaways. This sets out practical steps for businesses focused on 5 key points, which should be implemented as soon as it is practical:
Read more in the government's publications: |
Ukraine |
On May 9, the Chief State Sanitary Doctor of Ukraine adopted 5 Resolutions on temporary rules for businesses are opening from today, namely for:
The Resolutions enter into force on May 11. The main rules for businesses which can operate and have visitors are as follows:
On May 4, 2020, the Cabinet of Ministers of Ukraine amended previously adopted resolutions relating to COVID-19. The changes were published on May 08, 2020 and come into force on May 11, 2020. The changes include:
On May 7, 2020, the Parliament of Ukraine adopted changes to the law regarding COVID-19, these amendments will be valid for the period of quarantine and two months after it ends. The final version of the changes has not been made public yet, but based on the draft, we expect the following changes to be introduced:
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US |
On May 7, 2020, the EEOC posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic. The newly added questions and answers, G.3, G.4., and G.5., provide information about the accommodation of employees with underlying medical conditions. The answer to G.4. was revised after initial posting to clarify that the ADA does not allow exclusion of employees simply because they have an underlying medical condition that the CDC says might pose a higher risk of severe illness if the individual contracts COVID-19. See the updated technical assistance here. On May 7, 2020, the EEOC announced that it will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the current pandemic. The EEO surveys collect data from employers in different sectors of the workforce. The EEOC was planning to open the following EEO surveys in 2020: the 2019 EEO-1 Component 1 (Employer Information Report); the 2020 EEO-3 (Local Report); and the 2020 EEO-5 (Elementary-Secondary Staff Information Report). The EEOC acknowledged that delaying the collections until 2021 will ensure that EEO filers are better positioned to provide accurate, valid and reliable data in a timely manner.EEO-1, EEO-3 and EEO-5 filers should begin preparing to submit data in 2021. States continue to announce the easing of restrictions and reopening plans. Recent developments include:
Before re-opening, all facilities must first perform a detailed risk assessment and implement a site-specific protection plan. Adaptations need to be made before Stage 2 workplaces can open – currently that includes modifications like curbside pickup at retail locations.
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May 7 Update |
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Argentina |
On April 11, the National Government issued Decree No. 355/2020 through which exemption from mandatory isolation and lockdown was extended to personnel concerned in certain activities and/or who live in certain regions, exempted activities were listed as follows:
On April 14, Decree 367/2020 was issued whereby occupational risk insurers must consider Covid-19 "presumed to be an occupational disease" and may not "refuse to provide coverage" for workers considered essential and who are exempt from quarantine. On April 18th, the government issued an Administrative Resolution 524/2020 which exempts the certain activities from mandatory isolation and lockdown. On April 22, Resolution No. 344/2020 of the Ministry of Labor, Employment and Social Security established that a virtual platform, which ensures the guarantees of due process, will be used for meetings and administrative actions. On April 26, Decree No. 408/2020 stated that each province may establish exceptions to the public circulation restriction, with prior approval of the local health authority and as long as the required conditions are fulfilled. However, this does not apply to cities with more than 500,000 inhabitants or to the following activities:
If an exception is established, a monitoring of the epidemic situation should be performed and the results should be informed to the National Government. To date, no mandatory protocols have been established by government authorities for workers that are back to their normal activities. However, we expect that the measures to be taken should be the most restrictive and preventive ones (mandatory utilization of face mask, gloves –if necessary- and keep social distancing). On April 28, the Labor Ministry issued resolution No. 38/2020 which established a specific procedure to be followed in case an employee reports a case of Covid-19. As well, through Resolution No. 40/2020 the Ministry determined that workers affected by Covid-19 disease will be able to make submissions online to the Central Medical Commission (Comisión Medica Central) and the Jurisdictional Medical Commission (Comisión Médica Local) through the online “Distance Procedures System” (TAD). Under the agreement signed by the General Labor Confederation (CGT), the Argentine Industrial Union (UIA) and the National Government, among with Resolution No. 397/2020 issued by the Ministry of Labor, it was determined that suspensions of employment in accordance with article 223 b of the LCT, will have a time limit of 60 days effective as of April 1, 2020, with the guarantee of the continuity of the jobs during the time the suspension takes effect. The non-remunerative amount to be paid by employers may not be less than 75% of the employees´ net income, and, over that amount, contributions will be paid. These provisions do not not apply to employees exempted from attending their workplaces under any of the resolutions and decrees issued previously. Joint submissions made by trade unions and companies, as long as they are in accordance with the content of the agreement and is included the list of affected/concerned employees, will be approved. |
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Australia |
Return to Work: The Australian Government has published the National COVID-19 Safe Workplace Principles aimed at getting Australians back to work. The principles are to operate subject to recommendations and actions taken by the National Cabinet and is inclusive of worker’s rights to a healthy and safe working environment while encouraging workplaces to operate on the advice of health authorities. The principles are intended to adhere to State and Territory laws on Workplace Health and Safety. To complement this, Safe Work Australia has developed nationally-consistent, industry-specific COVID-19 OHS Guidance, based on a set of safe work principles agreed by the National Cabinet. Read more about Australia's return to work plans here. The Fair Work Commission will approve consent coronavirus-driven changes to the Vehicle Manufacturing, Repair Services and Retail Award if it doesn't receive any objections by 7 May. The proposed award change allows for annual leave flexibilities and a capacity for employers that have closed down to direct employees to take paid annual leave. ACT: The ACT Government has announced a plan to return children to classrooms.
Queensland: the Queensland Government has announced a slight easing of restrictions. From Sunday 10 May, five members from the same household will be allowed to visit another household. There is no limit on how many people are in the household that is being visited. |
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Denmark |
The Danish Prime minister announced today that the next step in the opening phase is that all stores and shopping centers can open again Monday 11. May 2020. Children in 6th grade to 10th grade are coming back to school Monday 18. May 2020 (child care and school children in 0 – 5th grade are already back in school). Restaurants and cafes can open again from 18 May 2020. The guidelines and restrictions from the Government regarding the opening are still not available – but are expected within a short time. There is still a general restriction on gatherings of more than 10 people in public places. The borders are still closed. |
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Germany |
The German government has decided to further relax the lockdown. Measure include, among other things:
The details must be decided by the local governments. |
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Hungary |
As 7 May, the Government eased travel restrictions for those travelling into Hungary from a neighbouring country who are citizens of the neighbouring country (or Hungarian citizens without domicile in Hungary) if they are coming to Hungary for employment in the agricultural sector:
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US |
On May 5, 2020, the EEOC announced new technical assistance guidance on accommodating employees with medical conditions, then later removed one of three additions because it had been “misinterpreted.” Additional guidance is expected in light of the clarification. States continue to announce the easing of restrictions and reopening plans. For example:
On May 3, 2020, the SBA updated its FAQs regarding the Paycheck Protection Program (“PPP”) under the CARES Act to address . The updated FAQs address whether a borrower’s PPP loan forgiveness amount (pursuant to section 1106 of the CARES Act and SBA’s implementing rules and guidance) will be reduced if the borrower laid off an employee, offered to rehire the same employee, but the employee declined the offer. According to the FAQ, “as an exercise of the Administrator’s and the Secretary’s authority under Section 1106(d)(6) of the CARES Act to prescribe regulations granting de minimis exemptions from the Act’s limits on loan forgiveness, SBA and Treasury intend to issue an interim final rule excluding laid-off employees whom the borrower offered to rehire (for the same salary/wages and same number of hours) from the CARES Act’s loan forgiveness reduction calculation. The interim final rule will specify that, to qualify for this exception, the borrower must have made a good faith, written offer of rehire, and the employee’s rejection of that offer must be documented by the borrower. Employees and employers should be aware that employees who reject offers of re-employment may forfeit eligibility for continued unemployment compensation.” |
May 6 Update |
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Australia |
The Australian Government has amended the Corporations Act to allow companies to hold fully virtual Annual General Meetings and let company officers sign documents electronically. The changes being announced will allow companies to convene annual general meetings, and other meetings prescribed under the Corporations Act, entirely online rather than face-to-face. These temporary changes will be valid for six months starting from 6 May. |
Canada |
The federal government announced $77 million in subsidies to be allocated to food processors in order to protect the safety of their workers. The money can be used to purchased more PPE, adjust hygiene protocols or promote other social distancing rules. The money will also help processors adapt their plants so they can produce more goods domestically. |
Colombia |
The President has ordered the extension of the national lockdown to Monday May 25, 2020 at 11:59 p.m. Only companies from the authorized sectors (construction and manufacturing, up to now) will be allowed to reopen provided that they have previous authorization from the local authorities. |
Hong Kong | Detailed directions have been issued in relation to catering business:
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Hungary |
Certain health and safety assessments may be postponed until the 60th day following the end of the state of emergency. These include: assessment of hazardous and non-hazardous work equipment, examination of electrical equipments, etc. |
India |
Extension of lockdown: Further to the extension of national lockdown, the State governments of Chhattisgarh, Chandigarh, and Bihar have also issued orders with revised guidelines to extend the lockdown in the respective states till 17 May 2020. The authorities in Pune have released a list of micro-containment zones, and revised guidelines required to be followed during the period. Standard Operating Procedures (SOPs): The governments of Delhi and Telangana have released SOPs for entities engaging construction work. As per the SOP, the entities have to, among other things:
The Ministry of Commerce and Industry has allowed the SEZs and EOUs units located in Tamil Nadu under the jurisdiction of Madras Export Processing Zone (MEPZ) Special Economic Zone (except those which fall in a “containment zone”), to continue their operation. However, this is subject to fulfilment of certain conditions by units falling within and outside the limits of Greater Chennai Police. Maharashtra: The government has exempted the late fee payable (under the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975) by the employers regarding monthly or annual returns for the period up to March 2020 and monthly period of April 2020. This exemption is subjected to fulfilment of certain eligibility conditions, which includes- i) any amount payable (tax + interest) as per return should have been / shall be paid on or before the filing of returns; and ii) the employers should submit the returns pertaining to any periods up to April 2020 on or before 31 May 2020. Haryana: The government has announced that all the MSME units in Haryana will be eligible for 100% interest benefit on loans availed for payment of wages to employees and / or other expenses up to a maximum of INR 20,000 per employee. This is however subject to certain conditions, which includes inter alia that- the unit should have been in the commercial production for at least 80% of days between 1 February 2020 and 15 March 2020; units should have a running account term loan / working capital loan from commercial bank / financial institution, etc. Immigration: The Ministry of Home Affairs has ordered that all existing visas granted to foreigners shall remain suspended until the restriction on international air travel from / to India is lifted by the Government of India. |
Indonesia | The West Java Governor issued Circular Letter No. 460/71/Hukham which provides technical guidelines on Large Scale Social Restrictions (“LSSR”) in West Java which apply to transportation. The guidelines include a restriction on the number of passengers, the operating hours of transport providers and the mobilization of freight transportation during the LSSR. |
Taiwan |
Taiwan nationals stranded in Hubei province are now allowed to return to Taiwan on their own, meaning they are not required to return via government organised repatriation. Upon arrival, they will still be required to conduct 14 day mandatory quarantine. Baseball games will be allowed up to 1000 spectators, instead of the originally planned 250. |
May 5 Update |
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Australia |
At the Reserve Bank of Australia’s meeting today, the Reserve Bank of Australia decided to maintain the current policy settings, including the targets for the cash rate and the yield on 3-year Australian Government bonds of 25 basis points. The Australian Government has released its draft legislation, the Privacy Amendment (Public Health Contact Information) Bill 2020 (Bill), to support the COVIDSafe app and provide ongoing privacy protections. The Bill will reinforce the protections set out in the Determination made by the Minister for Health under the Biosecurity Act 2015 on 25 April 2020, placing the protections into primary legislation through amendments to the Privacy Act 1988. Under the determination, it is a criminal offence to collect, use or disclose COVIDSafe app data for a purpose that is not related to contact tracing. The draft Bill also clarifies the enforcement mechanisms for the penalties that are already in place against misuse of data from the COVIDSafe app. Victoria: the Victorian Government has announced an additional $491 million in tax relief for businesses in that state. Businesses which are eligible for the JobKeeper program will be exempt from payroll tax and the WorkCover levy on JobKeeper payments for their employees who aren’t working. |
Canada |
Alberta: The provincial government has announced a 3-stage “safely-staged COVID-19 relaunch”, which began on May 1 and continues over an indeterminate period of time. The provincial government has launched a voluntary, secure mobile contact tracing application to help prevent the spread of COVID-19. The app, ABTraceTogether is now available from the Apple App Store and Google Play British Columbia: The provincial government has amended the Employment Standards Regulation to extend the temporary layoff period to 16 weeks in any period of 20 consecutive weeks for COVID-19-related reasons. Manitoba: The provincial government has permitted certain businesses to begin operations, subject to continuing limitations. Newfoundland and Labrador: The public health emergency in the province has been extended until May 16, 2020. Nova Scotia: The provincial government has announced the easing of some public health restrictions around COVID-19. Ontario: The provincial government has permitted certain businesses to begin operations, provided that those businesses follow the proper health and safety guidelines. Prince Edward Island: The state of emergency in the province has been renewed until May 31, 2020. Quebec : The provincial government has opened a telephone line allowing people to request a COVID-19 test within 24 hours. Testing will then be administered based on a list of priorities and, where it will not be possible to test within 24 hours, people will be referred to a center where their symptoms will be evaluated and a decision made with respect to their subsequent testing. The provincial government has lifted measures that had restricted access to many territories/regions. |
Colombia |
As of April 30, the Colombian President issued Decree 611 which states that officers working for the National Health Institute will be entitled to be paid surcharges for overtime and/or work on holidays and Sundays. The limit for overtime will be 100 hours per month. If working time exceeds this limit, hours over the limit will be recognized in compensatory time (one business day for every eight hours of overtime). The Decree also states that the required authorization from the Ministry of Labor to work overtime may only be granted once the entity has the budget. |
Hong Kong | Gatherings: The limit of eight people in a group to be applied to all public gatherings starting from 8 May. Restrictions on their operations such as temperature checks on patrons will remain in place until 21 May. Cinemas, Mahjong-tin kau premises, beauty parlours and massage premises, gaming centres, fitness centres, playgrounds, bars and pubs could resume services accordingly on 8 May. However, bars and pubs can only operate at half capacity, host no music shows and close dance floors, while seating is limited to four people at each table. Saunas, clubs or nightclubs, karaoke establishments and partyrooms will remain closed to 21 May. School re-opening: Schools will reopen in stages. Secondary 3 to 5 students will resume classes on May 27; primary 4 to secondary 2 students will resume classes on June 8; kindergarten K3 to primary 3 pupils will resume classes on June 15; K1 and K2 kindergarteners will not resume classes this school year. Mask distribution: The government will distribute reusable masks for each person holding a Hong Kong identity card, named "CU MASK". Citizens can register online from 6 May to 6 June. The government will send out masks within two weeks. The Government will also distribute disposable masks free of charge. Each household will receive ten masks. There are 30 million masks in the first batch, which are expected to be distributed as soon as in June. No registration is required. Amusement places subsidy set: A scheme that provides a $100,000 one-off subsidy to licensed billiard establishments, public bowling alleys and skating rinks opened for applications. The Places of Amusement Licence Holders Subsidy Scheme aims to provide immediate financial relief to eligible licence holders whose businesses have been hard-hit by the COVID-19 epidemic and the Government’s social distancing measures. Holders of a valid Places of Amusement Licence issued under the Places of Amusement Regulation on March 28, 2020, are eligible to apply. Catering business subsidy set: The Food and Environment Hygience Department announced that applications for the Catering Business (Social Distancing) Subsidy Scheme, under the second round of the Anti-epidemic Fund, will start from 5 May. The subsidies ranging from $250,000 to $2,200,000 to eligible licence holders of general restaurants, light refreshment restaurants, marine restaurants and factory canteens in operation according to the floor area of the premises as specified on the licence. Applicants should undertake that there will be no redundancy of staff for three months on receipt of the first tranche of subsidy and another three months on receipt of the second tranche. They should also undertake that not less than 80% of the subsidies for respective months would be used to pay salaries of staff working at the premises. |
Hungary |
As of 4 May, the curfew-type restrictions have been lifted across the country (shops may be open without time limit; services may operate without any restriction; restaurants, cafés may host customers at their terraces), except for the territory of Budapest and Pest county where the restrictions remain in effect. |
India |
Extension of lockdown: Following the extension of the national lockdown, the State governments of Karnataka, Delhi, Maharashtra, Andhra Pradesh, Haryana, Tamil Nadu, and Uttar Pradesh (including Noida) have also issued orders with revised guidelines to extend the lockdown in the respective states till 17 May 2020. Bangalore: The Bangalore municipal body has made the wearing of masks mandatory in all workplaces with 5 or more people. Karnataka: The government has permitted operations of certain industries and IT/ITES companies in urban areas and all industries in rural areas outside Containment Zones. The permitted activities include data centres as well. Eligible companies are required to submit a self-declaration of adhering to standard operating procedure before starting operations. West Bengal: The government has permitted certain additional activities over and above the essential goods and services allowed earlier. These include inter-alia industrial activities – however, the requirement is that such activities should obtain prior permission via email to [email protected]. Tamil Nadu: To streamline the issuance of passes, the government of Tamil Nadu has launched an online portal called TN e-Pass (https://tnepass.tnega.org/#/user/pass). The portal can be accessed by individuals and organisations to apply for e-passes for movement of people / employees. |
Indonesia | Following the publication of the regulation temporarily prohibiting the use of transport to control transport during the return to the hometown, the Ministry of Health issued Circular Letter No. SR.04.03/II/6689/2020 on Air Transportation Implementation to Prevent COVID-19 from Spreading that requires, among other things:
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Ireland |
The Irish Roadmap for Reopening Society and Business was announced on Friday, 1 May. The roadmap sets out a decision-making framework for the Irish Government, and includes a process for engaging with unions, employers and other representative groups to build a co-operative approach to re-opening workplaces and other facilities. The Government will assess every three weeks whether Ireland can enter a less restrictive containment phase. Should conditions deteriorate, it may be necessary to re-impose restrictions. Read more here. On 4 May 2020, the TWSS (Temporary Wage Subsidy Scheme) moved into the Operational Phase. During the Operational Phase Revenue will calculate the average Revenue net weekly pay and the maximum wage subsidy for each employee and provide these to employers for use in their payroll process. Revenue will refund the applicable wage subsidy having regard to the maximum wage subsidy and the level of gross pay reported by the employer for each eligible employee. At a later date, Revenue will reconcile the amount of the employer wage subsidy refunds from 26 March with the maximum wage subsidy applicable to each employee. This may involve recouping refunded amounts from employers where overpayments have been made. |
Malaysia | Compulsory COVID-19 testing for foreign workers: The government has made it mandatory for all foreign workers to be tested for COVID-19. While originally announcing that the cost of these swab tests would be borne by employers, the government later clarified that the Social Security Organisation (Socso) would bear the cost of the tests for foreign workers who are registered with and contributing to Socso. The government say that 60% of foreign workers in the country contribute to Socso. |
Morocco |
Temperature testing: The Moroccan data privacy authority (CNDP) has released a Deliberation No. D-106-EUS/2020 of 23 April 2020 relating to temperature testing as a condition of access to the workplace. The CNDP considers that due to the exceptional circumstances of the health emergency, the employer could, under the responsibility of the occupational doctor:
The implementation of the above temperature testing must be notified to the CNDP. Health and safety guidance: On 4 May 2020, the Moroccan Labour Ministry released Guidance cards summarizing the health and safety measures for the following roles:
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Taiwan |
The MOEA has announced a subsidy program for persons who are affected by COVID-19 but not insured under the social insurance programmes. Under the scheme, households earning less than twice the average living wage in their region may apply for a subsidy of NT$ 10,000 per month. Individuals who have already received other subsidies such as a one-time NT$ 30,000 grant by the MOEA for those who earn less than 1.5x the average living wage at their place of residence are not eligible. This new programme will be open to an estimated 340,000 uninsured people as well as 1.4 million farmers and fishers. As a response to the migrant worker dorm outbreaks in Singapore, the Ministry of Labor issued guidelines regarding migrant workers in light of COVID-19. |
May 4 Update |
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Australia |
Services Australia (formerly Centrelink), Australia’s social security agency, will soon stop back-paying jobseeker payment claims to a recipient’s first contact with the agency. From 8 May, the government will remove the “intent to claim” provisions that allow people claiming a Services Australia payment to be paid from the date they register with the agency, rather than from when they complete their application. In the specific States/Territories:
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Colombia |
Ministry of Labor issued Newsletter 35 of 2020 that states that all training certifications issued to employees who perform job duties at heights, that would have expired on March 12, 2020 or from the declaration of Sanitary Emergency, shall be automatically extended for up to 1 month after the emergency is over. The National Apprentices Service (“SENA” per its acronym in Spanish) issued Resolution 1-0477, 2020 in which it extended the term for:
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France |
New Decree No. 2020-508 of 2 May 2020 temporarily adapts the deadlines for consulting and informing the Social and Economic Committee in order to deal with the consequences of the spread of the covid-19 epidemic. By way of derogation, the time limits applicable when the information or consultation of the CSE relates to the employer's decisions aimed at dealing with the economic, financial and social consequences of the spread of the covid-19 epidemic are as follows:
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Hong Kong | Public services resume May 4: The Education Bureau and the Agriculture, Fisheries & Conservation Department (AFCD), Home Affairs Enquiry Centres, the Estate Beneficiaries Support Unit, the Information Services Department, Government Records Service and Civil Aviation Department will resume normal opening hours starting May 4. The Immigration Department announced that aside from its Smart Identity Card Replacement Centres (SIDCC) service and passenger immigration clearance service, it will also resume full public services on May 4. School and public programmes will remain suspended until further notice. IT vendors list enrolment opens: Information Technology service providers can apply to enrol for the IT Service Providers Reference List of the Distance Business Programme from 9am on May 4. The commission explained that to support enterprises to continue their business and services during the epidemic, the programme provides funding support for enterprises to adopt IT solutions for developing distance business. Under the programme, for each IT solution and relevant training expenses for the employees, the funding ceiling is $100,000. One-off subsidy to cinemas: The Government has also rendered support to cinemas by providing a one-off subsidy of $100,000 per screen to each cinema licensed as a place of public entertainment with commercial operation in March 2020. The maximum subsidy for a cinema circuit is $3 million. Fitness centre subsidies to open: The Fitness Centre Subsidy Scheme launched by the Home Affairs Bureau under the second phase of the Anti-epidemic Fund will be open for applications from May 4 to June 3. The scheme aims to provide a one-off subsidy of $100,000 to each fitness centre to tide businesses over the financial difficulties arising from their closure pursuant to the Prevention & Control of Disease (Requirements & Directions) (Business & Premises) Regulation. |
India |
The MHA has extended the national lockdown for two weeks from 4 May 2020 to 17 May 2020). Under the extension, the MHA has released revised guidelines as per which districts of the country have been classified into three different zones
Irrespective of the zone categorization, the following activities are prohibited in India until 17 May 2020
The following activities are permitted on the basis of zones they fall into
The States of Delhi, Haryana, and Uttar Pradesh have further extended the lockdown till 17 May 2020. Tamil Nadu's State government has ordered to defer the payment of taxes and dues to the urban local bodies (all corporations including Greater Chennai Corporation, municipalities, and town panchayats) till 30 June 2020. It has also ordered the deferral of renewal of D&O trade licenses arising up to March 2020 for 3 months till 30 June 2020, without levying any penalty in view of the COVID-19. In all zones, domestic and international air travel, inter-state travel, are prohibited. Further, in orange zones, inter and intra-district plying of buses is not allowed. In green zones, public buses with 50% capacity is permitted. |
Indonesia |
On 2 May, the Supreme Court issued Circular Letter No. 2 of 2020 on the Amendment to Circular Letter of the Supreme Court No.1 of 2020 on Guidelines for Performing Tasks during the Prevention of the Spread of COVID-19 Period by the Supreme Court and Lower Courts, which among other things:
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Malaysia |
Conditional Movement Control Order (Conditional MCO): Malaysia’s MCO that has been in place since 18 March was replaced by a Conditional MCO on 4 May. Under the Conditional MCO:
The law providing for this is the Prevention and Control of Infectious Diseases (Measures with Infected Local Areas)(No. 5) Regulations 2020. The Regulations have effect from 4- 12 May 2020. The operation of businesses is subject to the conditions and Standard Operating Procedures (SOPs), which will be issued from time to time by the National Security Council, and is industry/sector-specific. Full details are available on the National Security Council's website. Businesses that involve mass gatherings and physical contact where social distancing would be difficult to control will not be permitted to resume operations. These include cinemas, karaoke outlets, night clubs, theme parks, markets, and all forms of exhibitions. A complete list of authorised and non-authorised businesses will be made available in the coming days. All employers will be required to organise daily temperature checks for employees. Where possible, employers are also encouraged to allow employees to work from home, or implement rotating shifts. HR Ministry encourages all employers to test workers for COVID-19: The Human Resource Ministry is encouraging all employers to ensure their workers are tested for COVID-19. The COVID-19 test is available for free under the Social Security Organisation’s Prihatin Screening Programme. |
Portugal |
The state of emergency in Portugal is to be lifted gradually from 3 May and exceptional measures have been taken to prevent the spread of COVID-19 pandemic while some companies restart their activity. Resolution of the Council of Ministers no. 33-A/2020, 30 April established the following rules:
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Taiwan |
The CECC (Center for Disease Control) has relaxed visiting restrictions for long-term care facilities. Under the new rules, elderly residents may have one group of max. three visitors per day. The visits must be coordinated with the facility management beforehand and are subject to social distancing guidelines. The CECC is also starting to relax other guidelines, e.g. it is expecting to allow up to 250 spectators for local Chinese Professional Baseball League games, in addition to players, coaches, cheerleaders, CPBL staff, referees and broadcasting crew. The CECC has also issued more detailed social distancing and hygiene guidelines. These are also part of a new initiative launched by the CECC aimed at giving the public options to spend their free time while complying with social distancing guidelines. This initiative will focus on promoting outdoor activities, such as physical activities and outdoor concerts, and will be an inter-ministerial co-operation. The MOEA (Ministry of Economic Affairs) launched a SME Relief and Revitalization Counter as a one-stop shop for information regarding COVID-19 relief measures. The MOEA has also announced that the planned stimulus coupons would not only be issued electronically but also in physical form. The plan is to provide NT$1000 in stimulus coupons to every Taiwan national, to be spent at night markets, shops and restaurants in a bid to help revive the economy. In order to be able to spend the coupons, holders must first spend a certain amount of their own money. The Ministry of Culture is launching phase two of its aid program for artists. This is mainly an expansion of the aid program's budget, as well as raising the cap on loans, which is in line with the other ministries' subsidy programs (40% wage subsidies for employees if revenue drop of 50% or more and no employees were let go / wages were not decreased by more than 20%). In other news, the Ministry of Foreign Affairs launched a website detailing the Taiwan approach to COVID-19, including a timeline, the legal basis for the measures and the rationale behind a lot of them. The coming into effect of the Law for the Promotion of Employment of the Middle-aged and Elderly has been postponed due to COVID-19. The law was supposed to come into effect on 1 May 2020, however, due to COVID-19 a number of measures intended to facilitate re-employment have already been taken. Therefore, the law will come into effect after the end of the COVID-19 pandemic. |
UAE |
The Ministry of Human Resources and Emiratisation (MOHRE) has announced that it is conducting random inspections on private sector companies to monitor their compliance with precautionary measures currently in place to combat the spread of Covid-19, including social distancing and sanitization requirements. |
May 1 Update |
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Australia |
The Australian Government has today announced a set of principles for sport and recreation, which determine how sport will be able to recommence in Australia. The Government has also approved $205 million in aged care funding and adopted the aged care code, which sets out rules and rights for people visiting aged care, and for people who are used to receiving regular visitation as part of their care. The Fair Work Commission has registered the Fair Work Commission (Miscellaneous Measures) Rules 2020 (Rules Amendment). The Rules Amendment amends the Fair Work Commission Rules 2013 with effect from 1 May 2020. Importantly, the changes include altering certain rules that required a statutory declaration to be lodged with the Commission, to instead require the lodging of a signed, but not witnessed, declaration. In the specific States/Territories:
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Canada |
The federal, provincial and territorial governments released a set of common principles for restarting the Canadian economy. The governments have agreed that in advance of reopening the economy, a region must demonstrate the following:
British Columbia: The state of emergency in the province has been extended to May 12, 2020. Manitoba: As of May 4, a variety of non-essential health-care and retail businesses will have the option to reopen under strict guidelines. All businesses and venues will be required to continue following social distancing and stringent cleaning practices to protect both employees and customers. Newfoundland and Labrador: The province is providing compensation for private sector employers for continuation of pay to employees who were required to self-isolate for 14-days due to the COVID-19 travel restrictions. This includes individuals who are self-employed. Employers should apply for any available federal funding under the Canada Emergency Wage Subsidy program. The maximum amount of funding under the provincial program will be $500 per week for each employee (to a combined maximum of $1,000 per week for each employee when receiving both federal and provincial funding). The amount paid under this program will depend on federal funding received. Northwest Territories: The state of emergency and public health emergency in the territory have both been extended to May 12, 2020. Nunavut: The public health emergency in the territory has been extended to May 14, 2020. Ontario: The province has released “sector-specific” labour guidelines to ensure workplaces can reopen safely when the time comes. Quebec: The public health emergency in the province has been extended to May 6, 2020. Saskatchewan: The state of emergency in the province has been extended to May 11, 2020. |
France |
The Ministry of Labour and the URSSAF (the organisation that collects social security contributions) have confirmed changes to the new social regime for partial activity payments as from 1st May: The following does not change:
The following does change from 1 May:
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Germany |
The government has decided to further relax lockdown rules. Certain institutions may open again, e.g. churches, mosques, synagogues, playgrounds, museums, zoos. These changes have to be implemented at local state level; therefore some deviations may apply between the different states. Further changes will be discussed on 6 May 2020. The government has extended global travel warnings until 14 June 2020. All non-essential tourist travel should be avoided. Persons travelling abroad must usually self-isolate themselves for 2 weeks upon their return. About 750,000 companies have applied for short time work (furlough) in March and April 2020, covering potentially up to 10,000,000 employees, which would be nearly one quarter of all employees in Germany. The actual number of employees affected by short time work will be known only in the next few weeks when companies actually claim short time work benefits from the employment agency for March and April. |
South Africa |
Regulations have been issued under section 27(2) of the Disaster Management Act, 2002 (Regulations), setting out a list of the businesses permitted to operate under Alert Level 4 which applies from 1 May 2020. Employees required to perform essential or permitted services will need to be issued with permits by their employer. The Regulations also contain some additional measures that employers must implement to reduce the risk of COVID-19 transmission in the workplace, most notably, the requirement to develop a workplace plan. All businesses that are permitted to operate must appoint a COVID-19 compliance officer and develop a plan for the phased return of employees to the workplace prior to re-opening the workplace, which plan must be available for inspection. The plan must set out which employees are permitted to return to work, what the plans are for a phased return of employees to the workplace, what the health protocols are, and the details of the COVID-19 compliance officer. The size of the business will determine the level of detail required and therefore smaller businesses can have a basic plan reflective of the size of the business whereas large and medium size businesses would require a more detailed plan in accordance with the requirements in Annexure E of the Regulations. The Regulations provide that employers must adopt measures to promote physical distancing of employees, including enabling employees to work from home or minimizing the need for employees to be physically present at the premises. The employer must also provide adequate space and restrict face to face meetings. Special measures should also be adopted for employees over the age of 60 and employees with any known or disclosed health issues, conditions or comorbidities which may increase their vulnerability to COVID-19. The employer is also required to provide hand sanitizer at the entrance to the premises. |
US |
On April 30, the Federal Reserve announced that it is expanding the loan options and increasing the maximum size of businesses that are eligible for support under the Main Street Lending Program. Changes include:
Updates regarding the Program, including the official launch date and the time and date at which the Main Street SPV will begin purchasing participations in MSNLF Loans, MSPLF Loans, and MSELF Upsized Tranches, will be made available on the Board’s Main Street page. The announcement includes term sheets for each facility and Frequently Asked Questions (FAQs) providing more information regarding eligibility and conditions. |
April 30 Update |
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Australia |
The Australian Government has announced 200 projects worth more than $215 million dollars are being supported through the Manufacturing Modernisation Fund. Grants totalling $35 million will go to 59 companies for large scale projects worth over $177 million. A further $13.3 million in grants will go to 141 small scale projects worth over $38 million. The Australian Government has also extended the deadlines for submission of modern slavery statements under the Modern Slavery Act. To support entities impacted by COVID-19 to meet their obligations, the Australian Government has introduced a three month extension for reporting for all entities whose reporting periods end on or before 30 June 2020. This extension only changes the deadline for submission of modern slavery statements and does not alter the reporting periods for entities, which remain unchanged. The Australian Border Force has also introduced guidance for reporting entities about how they can address the impact of COVID 19 in their modern slavery statements and the key actions they can take to reduce the risk of vulnerable workers and supply chains becoming exposed to modern slavery as a result of COVID 19. A link to the guidance is provided here. In the specific States/Territories: NT: The NT Government has announced a roadmap for easing restrictions in the territory.
Victoria: Victoria is expanding its hotel accommodation scheme (where frontline health workers can stay in a hotel) to frontline emergency service workers and community workers. |
China |
Beijing announced that from April 30, 2020 it no longer requires individuals arriving from other low risk areas to be isolated at home for 14 days (this restriction was implemented in January). If such individual is in the middle of a quarantine period due to previous policy, they may stop their isolation immediately. And if the individual from low risk area needs to stay at a hotel in Beijing, a nucleic acid test certificate is no longer required and a green light shown on the App Jiankangbao is sufficient to prove health status. Beijing will continue to require all individuals arriving from abroad to be isolated in a location assigned by the government first for nucleic acid testing and 14 days’ quarantine. After completion of the first 14 days’ quarantine, the individuals shall go back home and complete an additional 7 day’s quarantine period at home. The Beijing High People's Court and Beijing Labor Disputes Arbitration Committee jointly issued Interpretation on Implementing Rules for the Trial of Labor Dispute Cases during Period of Prevention and Control of the COVID-19 (the “Interpretation”). Below are several points mentioned in the Interpretation:
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Colombia |
On April 28, the Ministry of Health issued Resolution 686 from 2020 that sets out rules for the electronic payment of the special pension contribution during may and April of 2020. According to Decree 558, April and May pension contributions (usually 16%) will be 3% for those employers who apply for this benefit. Moreover, this resolution also confirms that during these 2 months the contribution to the Solidarity Pension Fund (1%-2% per employee) does not apply when the pension contribution is 3%. |
Hungary |
The government has announced that curfew-type restrictions will be lifted, save for Budapest and certain cities around Budapest:
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Spain |
On 29 April, a new Royal Decree Law 16/2020 on procedural and organizational measures to address the COVID-19 in the field of the Administration of Justice was published on the official Gazette. It comes into force as from 30 April 2020. Some important measures affecting employment litigation include:
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UAE |
The Ministry of Human Resources and Emiratisation (MOHRE) has issued a statement reminding private sector employees located onshore in the UAE (i.e. not in any free zone) to ensure that employee salaries are paid on time via the Wage Protection System (an electronic salary system applicable onshore in the UAE). The statement also re-iterates the requirement that private sector employees formalise any agreements with employees in relation to Early Leave (as summarised in the 6 April update), salary reductions or unpaid leave via the official supplementary form/annex issued by MOHRE, which is available on its website and app. As a reminder, the General Pension and Social Security Authority (GPSSA) has announced that it will allow subscriber private sector companies to defer the payment of subscriptions to the GPSSA for their staff for three months, starting as of March and ending in May 2020 (subject to possible extension). The Abu Dhabi Retirement and Pensions Fund (ADRPF), which manages pensions on behalf of Abu Dhabi based and employed UAE nationals, has announced similar measures for its subscriber private sector companies. As per UAE legislation, every qualifying UAE and GCC national working in the UAE must be registered by their employer with the GPSSA (or the ADRPF, for UAE nationals working in Abu Dhabi), the federal body responsible for administering the UAE state pension. Expatriate employees working in the UAE are not entitled to a state pension. |
US |
On April 29, 2020, the CDC issued “Reopening Guidance for Cleaning and Disinfecting Public Spaces, Workplaces, Businesses, Schools, and Homes” which provides a general framework for cleaning and disinfection practices. View the guidance here. On April 29, 2020, the U.S. Department of Labor’s Employee Benefits Security Administration issued deadline relief and other guidance under Title I of ERISA to help employee benefit plans, plan participants and beneficiaries, employers and other plan sponsors, plan fiduciaries, and other service providers impacted by the coronavirus outbreak. A Department of Labor notice, jointly issued with the Department of the Treasury and Internal Revenue Service, extends certain time frames affecting participants’ rights to healthcare coverage, portability, and continuation of group health plan coverage under COBRA, and extends the time for plan participants to file or perfect benefit claims or appeals of denied claims. The department also issued a set of Frequently Asked Questions on health benefit and retirement benefit issues to help employee benefit plan participants and beneficiaries, plan sponsors, and employers impacted by the coronavirus outbreak understand their rights and responsibilities under ERISA. See the News Release here. |
April 29 Update |
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Australia |
The Australian Government has offered independent schools early funding if schools return to face to face teaching by June. Non-government school authorities will be eligible for up to 25% of their total annual recurrent funding early, in late May and early June, provided they open campuses for term two, have a plan to fully reopen classroom teaching by 1 June, and commit to achieving 50% of their students attending classroom-based learning by 1 June. The Family and Federal Circuit Courts have set up a special COVID-19 list to deal with urgent applications that have emerged during the lockdown. The Fair Work Commission has published a JobKeeper disputes benchbook to assist those lodging or responding to applications for the wage subsidy. |
Canada |
Northwest Territories: Effective immediately, essential service workers and those supporting them; infrastructure workers employed by the Government of Northwest Territories, Municipal Governments, Indigenous Governments and Organizations; and corrections officers returning to the NWT are subject to new restrictions. These individuals were previously exempt but now have to adhere to self-isolation requirements when entering the territory unless they are only remaining in the territory for less than 36 hours. Prince Edward Island: The provincial government has released a “Phased Approach to Relaxing COVID-19 Public Health Restrictions” which is comprised of four phases to be implemented between May 1, 2020 and June 12, 2020 and beyond. Quebec: The provincial government has announced a plan for the progressive reopening of certain businesses in Quebec throughout the month of May. Retail stores with an outside entrance for customers, as well as their supply chains, outside of the Greater Montreal Area can reopen on May 4, 2020. Retail stores with an outside entrance for customers, as well as their supply chains, within the Greater Montreal Area can reopen on May 11, 2020. Malls must remain closed. The construction industry and its supply chain will be able to resume all activities on May 11, 2020. The manufacturing sector will be able to reopen effective May 11, 2020 with restrictions on the number of employees, and May 25, 2020 without restrictions on the number of employees. Notwithstanding the foregoing, any worker who is able to work remotely must continue to do so. |
France |
Options for resuming court hearings have been communicated for the Labour Court of the Parisian area, such as:
More details at this link (French), which will be updated regularly. |
Hong Kong |
Public services to resume on May 4: The Department of Justice’s public services, the Government Logistics Department’s collection office, the Lands Department's offices, the Marine Department, The Rating & Valuation Department, The Civil Engineering & Development Department, Water Supplies Department, the Planning Department, the Drainage Services Department, the Registration & Electoral Office’s enquiry counter and offices, and the Building Department’s public counter will resume normal from May 4. Meanwhile, the Independent Commission Against Corruption's headquarters and regional offices will also resume normal services from May 4. Vehicle subsidy: Applications for the $1.3 billion in subsidies earmarked for registered owners of goods vehicles and green minibus operators under the Anti-epidemic Fund opened. A one-off non-accountable subsidy of $10,000 will be provided to each registered goods vehicle owner for each goods vehicle. Cross-boundary goods vehicle drivers who conduct nucleic acid tests in Hong Kong can apply for the subsidy on an accountable basis, with the maximum amount being $350 per test. A one-off non-accountable subsidy of $30,000 per green minibus will be provided to each holder of a Passenger Service Licence-Public Light Bus (Scheduled) Service who has been approved to operate a relevant green minibus route package. |
India |
Kerala: The government in Kerala has waived the rent of April, May and June months for all IT/ITES companies (occupying up to 10,000 sq.ft. of space) operating from the government owned IT Parks. Annual rent escalation of 5% will not apply for the financial year 2020-21. Karnataka: The government has ordered that the industries eligible to operate/resume operations, should submit a self-declaration (in the prescribed format) to the concerned District Industries Centre confirming the adherence to Standard Operating Procedure (SOP). Telangana: pursuant to the request from the Industry Associations, the government has ordered that electricity bills during the lockdown will be collected as per the actual consumption only, and the fixed charges for the same period shall be deferred till 31 May 2020 without any penalty and interest. It is also clarified that those industries which pay the bills within due date shall get 1% rebate on billed amount |
Indonesia |
The Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) has issued Regulation No.14/POJK.05/2020, which among other things, extends the time limit for the submission of periodic reports by Non-bank Financial Services Institutions ( “Lembaga Jasa Keuangan Non-Bank - LJKNB”) during the COVID-19 outbreak emergency. The deadline for LJKNB to submit their reports to the OJK and publish them has been extended:
The Director General of Tax has issued Regulation No. PER-06/PJ/2020 of 2020 on the procedures for the submission, receipt and processing of Tax Returns (Surat Pemberitahuan Pajak – “SPT”) for the 2019 Tax Year. Under this regulation, SPTs for Income Tax (Pajak Penghasilan – “PPh”) can be signed using among others, digital or electronic signatures, with i) Electronic certificates, ii) verification codes sent by the Directorate General of Tax or iii) other types of electronic signature determined by the Directorate General of Tax. SPTs for PPh for the 2019 Tax Year had to be submitted by e-filing, mail, expedition or courier services by 31 March 2020 for individual taxpayers or by 30 April 2020 for company taxpayers. Exemptions from administrative sanctions can be can be given to individual taxpayer who submit their annual SPT for PPh for the 2019 Tax Year after the deadline, as long as they submit their SPT no later than 30 April 2020. |
Morocco |
The draft decree no. 331.20.2 on employer financial aid referred to in our 20 April update (and repeated below) has been published in the Moroccan official gazette and entered into force on 27 April 2020. Employer financial aid: On 13 April 2020, a draft decree no. 331.20.2 was adopted by the Moroccan government aiming to define the employers who are considered as facing difficulties due to COVID-19 and who could be eligible to benefit from the exceptional financial aids for April, May and June 2020. The decree defines an employer who is facing difficulties as:
Employers who are do not satisfy the above conditions could apply for an individual financial aid with a special committee which would be put in place in order to examine such derogative applications. |
Russia |
Under Presidential Decree No 294 dated 28 April 2020, the lockdown period has been extended until 11 May 2020. The lockdown restrictions do not apply to employees of certain organisations (e.g. organisations providing the population with food and essential goods). The period during lockdown will be treated as non-working days with the retention of full pay, so employers must pay normal remuneration during this period whether or not an employee is working. However, it is recommended that employees continue to work remotely. |
South Africa |
The Department of Employment and Labour has issued a COVID-19 Direction on Health and Safety in the Workplace which sets out specific measures that employers are required to take to protect their employees in the workplace from COVID-19. There will also be sector specific measures and guidelines issued in respect of various sectors and an employer will need to adhere to those sector-specific guidelines in addition to the measures set out in this Directive. |
Spain |
Order ISM/371/2020 regulates the economic activities that can benefit from the moratorium on payment of social security contributions provided for in Article 34 of Royal Decree Law 11/2020. The moratorium will apply to:
The Spanish Confederation of Business Organisations (CEOE) has expressed its disagreement with this Ministerial Order on the basis of the following: "The hierarchy of regulations requires that lower-ranking regulations (a Ministerial Order) comply with the mandates and provisions of higher-ranking regulations (a Royal Decree-Law). This is a constitutional duty that the Ministerial Order is not fulfilling in this case". The government has announced a set of measures for the progressive return to “new normal”, and a new Royal Decree may be published later today. |
Taiwan |
The Ministry of Labor announced a loan program for employees affected by COVID-19 who will be eligible for subsidised loans up to NT$100,000. The first two years are capped at the interest rates set by the central bank +1%, currently 1.845%. The first six months are a grace period. Starting month 7, the loan amortization starts. Interest payments start after the first year. The Bureau of Foreign Trade extended the export prohibition for facemasks until end of June 2020. Depending on the progression of the Taiwan-local epidemic, this prohibition may be extended further. |
Ukraine |
On 22 April, the Cabinet of Ministers of Ukraine adopted a Resolution on the mechanism of paying partial unemployment benefit to individuals employed by small and medium sized businesses. This mechanism details the previous rule that employees, whose working time was decreased due to COVID-19 related quarantine, are entitled for the partial compensation of the lost salary, to be provided by the state, through the employers to the employees. The Resolution came into force on 28 April, and establishing the following:
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US |
On April 27, the Trump administration unveiled a blueprint for expanded coronavirus testing. States continue to release reopening plans, as well as extensions and amendments of existing executive orders. Recent developments include:
On April 27, 2020, Senate Majority Leader Mitch McConnell stated that a broad liability shield will be a top Republican priority for the next COVID-19 relief bill. Business groups, including the Chamber of Commerce, have expressed concern about a potential wave of employee lawsuits amid reopening |
April 28 Update |
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Australia |
The Australian Taxation Office has announced an extension of time for employers who wish to enrol for the initial JobKeeper payments to 31 May, an extension from 30 April. For the first two fortnights (30 March – 12 April, 13 April – 26 April), the ATO will now accept the late payments of the minimum $1,500 per fortnight as long as they are paid by 8 May. NSW: The NSW Government has announced that from Friday 1 May, groups of two adults (and their children) will be able to visit other households for social gatherings. |
Canada |
Applications for the 75% Canada Emergency Wage Subsidy (CEWS) are now available for employers on the Canada Revenue Agency (CRA) website. New Brunswick: The provincial government announced the first phase of New Brunswick's recovery plan and the loosening of some public health restrictions. Ontario: To provide additional support for frontline workers fighting COVID-19, the province is providing temporary pandemic pay of $4/hour worked on top of their regular wages. In addition, the province will be providing monthly lump sum payments of $250 for four months to eligible frontline workers who work over 100 hours per month. The pandemic pay will be effective for 16 weeks, from April 24, 2020 until August 13, 2020. The provincial government released “A Framework for Reopening our Province”, which contemplates a 3 stage process to begin following a consistent two-to-four week decrease in the number of new daily COVID-19 cases. Quebec: The public health emergency in the province has been renewed until April 29, 2020. The provincial government passed an order that allows persons working in the health and social services network to be redeployed to perform other duties or functions, despite any provision in an applicable collective agreement. A plan for the gradual reopening of businesses will be announced Tuesday, April 28, 2020 at 1p.m. |
Hong Kong |
LawTech Fund applications set: The Government announced the establishment of a LawTech Fund to help law firms and barristers' chambers procure and upgrade IT systems and arrange lawtech training courses for their staff. The LawTech Fund will be open for applications from April 28 and cater to small and medium-size law firms as well as barristers’ chambers. Applications will be accepted for two months and those eligible can receive a reimbursement of up to $50,000. Game centre subsidies open: The Amusement Game Centres Subsidy Scheme and the Mahjong/Tin Kau Licence Holder Subsidy Scheme under the Anti-epidemic Fund opened for applications. The two subsidy schemes provide immediate financial relief to licence holders or persons-in-charge of premises whose businesses have been hard-hit by COVID-19 and have been ordered to close under the Prevention & Control of Disease (Requirements & Directions) (Business & Premises) Regulation. A one-off subsidy of $100,000 will be given to each eligible operator of an amusement game centre licensed under the Amusement Game Centres Ordinance, eligible operators of e-sports venues that have been duly exempted or applied for but not yet obtained exemption from the same ordinance, and eligible operators of Internet computer services centres registered with the Home Affairs Department’s Office of the Licensing Authority. For the Mahjong and Tin Kau licence holders scheme, a one-off subsidy of $100,000 will be provided to each eligible holder of a relevant licence issued under the Gambling Ordinance. |
India |
To maintain uninterrupted supply of food, the Department for Promotion of Industry and Internal Trade has instructed State authorities to not call for closure of food processing units during the lockdown. Further, to maintain operational viability, instructions have been issued for keeping the manufacturing facilities open, allowing movement of workers and operators, and inter-state movement of goods, etc. Under the MHA guidelines, the Ministry of Micro, Small & Medium Enterprises (MSMEs) has released Standard Operating Procedure (SOP) for MSMEs to comply with at workplace. Madhya Pradesh: Under the MHA guidelines to open selected activities from 20 April 2020, the government of Madhya Pradesh has allowed industrial units located in Special Economic Zones (SEZ), MPIDC / DIC, and Export Oriented Unit (EOU), etc to function. In this regard, the District Crisis Management Group is vested with the authority to take the decision on the capacity at which the units can function and the area in which the movement of workforce will be allowed, etc. Odisha: Under the MHA guidelines, the government of Odisha has released a list of Industries / MSMEs allowed to operate and the SOP to be followed. Jaipur: Authorities in Jaipur have ordered that all the units and workplaces located in SEZ, EOU, food parks, etc should make arrangements (to the extent feasible) for their workers to stay in the workplace premises. Further, vehicles should be arranged for transportation purpose. Rajasthan: Government of Rajasthan has released a format of authorisation letter for IT/ITES companies in which application can be made for operation of services. The Government has relaxed the working hours limit for factories from 8 hours to 12 hours in a day. This is subject to an overtime limit of 24 hours in a week, along with the overtime payment. |
Italy |
On 26 April, a new Presidential Decree was published in Italy to adopt measures aimed at further containing the spread of the COVID-19 and reactivating the Italian economy. The Decree allows for the reopening of a number of activities from 4 May 2020, and contains recommendations for businesses on home working, social distancing and sanitization of the workplace. There are also new measures on quarantine on entry into Italy and the option of business travel without the need for quarantine for up to 72 hours (with the option to extend for special reasons for up to 48 hours). |
Hungary |
As part of the export subsidy program of the Ministry of Foreign Affairs and Trade, Eximbank (state-owned bank) provides the following new products for Hungarian companies:
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Israel |
Measures were introduced on 19 April to ease restrictions to allow employers in non-essential services to exceed the threshold that is the higher of 30% of employees or 10 employees in a work place. These restrictions shall not apply to workplaces and businesses that meet the rules of the 'purple badge' standard, which will be able to employ greater proportions of personnel. Read more about the rules that apply to purple badge employers here. On 25 April, the government announced that certain other businesses are allowed to re-open under certain conditions, including shops, restaurants (for take-out and delivery), hairdresses and beauty salons and mental health services. |
Spain |
Royal Decree 492/2020 of 24 April extends the state of emergency declared by Royal Decree 463/2020 of 14 March from 00:00 hours on 26 April 2020 until 00:00 hours on 10 May 2020, and will be subject to the same conditions established in Royal Decree 463/2020 of 14 March and its amendments. Order SND/370/2020 of 25 April eases certain restrictions for children:
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Taiwan |
Taiwan nationals who wish to donate their mask quota to foreign countries who are in need of aid may now do so by giving notice to the government online. The current quota is 9 masks per 14 days. The tax authorities for the northern districts have announced a lottery for people who file their taxes electronically. This is to promote e-filing during the pandemic as a way to social-distance. The CECC announced a slight relaxation on home quarantine regulations. Individuals under quarantine may now apply for leave on humanitarian grounds in order to attend a funeral of or visit a first or second degree relative. Such a leave may be granted but would include numerous stipulations, such as max duration of one hour, ban on the use of public transportation and minimum social distance that is required at all times. |
UAE |
The Dubai Multi Commodities Centre free zone (DMCC) has issued best practice guidelines (Guidelines No. 1 of 2020) (Guidelines) for employers based in the DMCC to consider when looking to implement business contingency measures in light of the current Covid-19 pandemic. The Guidelines are intended as guidance only. Employers are encouraged to implement the below measures in the following order:
As per the Guidelines, employers are encouraged to protect an employee’s end of service gratuity from any agreed temporary reduction in the employee’s basic salary. End of service gratuity is, as per the UAE Labour Law, to be calculated on an employee’s basic salary as at the date of termination of the contract. However, as per the Guidelines, end of service gratuity should continue to accrue according to the employee’s basic salary prior to the temporary reduction and, in the event that an employee is terminated while the lower amount remains in effect, the gratuity should be based on the employee’s basic salary prior to the reduction. |
April 27 Update |
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Australia |
Safe Work Australia will develop "nationally-consistent, industry-specific" COVID-19 OHS guidance, based on a set of safe work principles agreed by National Cabinet last week. The Australian government has launched Covidsafe, an app that traces every person running the app who has been in contact with someone else using the app who has tested positive for coronavirus in the previous few weeks. The app is voluntary and individuals can elect to participate in the scheme. The Australian Government has provided an update on JobKeeper, noting the "one-in, all in" is a key feature of the wage subsidy scheme and "will be made clearer in the rules". Once an employer decides to participate in the JobKeeper scheme and their eligible employees have agreed to be nominated by the employer, the employer must ensure that all of these eligible employees are covered by their participation in the scheme. This includes all eligible employees who are undertaking work for the employer or have been stood down. The Australian Government has also clarified the approach to making JobKeeper payments to businesses that use service companies to engage employees, charities, religious practitioners and international aid organisations. The FWC has granted a joint bid for coronavirus-driven changes to the award covering non-teaching staff in non-government schools (Educational Services (Schools) General Staff Award). The changes are in our update of 24 April, and permit employers to direct non-teaching staff to cut hours by up to 25%, and direct workers "where necessary" to perform any duties within their skills and competency, regardless of classification, provided they are safe and the employee is appropriately licensed and qualified. In the specific States:
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Denmark |
Measures to prevent the spread of Covid-19 are in place until at least 11 May in Denmark. Many questions relating to the restrictions are addressed in this guidance published by the Danish police. Read the guide here. |
France |
Decree No. 2020-471 of 24 April 2020 providing derogations from the principle of suspension of deadlines in the field of labour and employment was published on 25 April. Effective from 26 April, this decree contains the list of the categories of acts, procedures and obligations, for which the deadlines, suspended on 12 March 2020 are resumed for reasons of safety, health protection, safeguarding employment and activity, and securing labour relations and collective bargaining, including:
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Colombia |
On April 26, Bogota’s Mayor issued Decree 121 of 2020 setting out additional conditions for those industries authorized to start their activities as from April 27, 2020:
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Hong Kong | Aid for food producers: The government will provide a subsidy of $10,000 to each local primary producer, including owners of vegetable farms, hydroponic farms, flower farms and nurseries, marine fish culture farms, pond fish farms, fishing vessels and fish collector vessels, but excluding livestock farms. It will also provide a one-off interest-free deferral of loan repayment for a year to loan borrowers under the Fisheries Development Loan Fund of the second round of the Anti-epidemic Fund. Additionally, to support wholesale traders operating in fresh food wholesale markets who provide a stable food supply to Hong Kong, the Government will provide a subsidy of $40,000 to each eligible trader. The ceiling of the grant for each wholesale trader under the same business registration operating multiple stores is $200,000. Food & Environmental Hygiene Department subsidy schemes: Applications for Food & Environmental Hygiene Department subsidy schemes under the second round of the Anti-epidemic Fund will start on April 27. They are the subsidy schemes for commercial bathhouse licence holders and places of public entertainment licence holders as well as the subsidy scheme for tenants of cooked food/light refreshment stalls at the department's markets. Each licence holder of a commercial bathhouse will be provided with a one-off subsidy of $100,000. While each public entertainment place licence holder will be provided with a one-off subsidy of $100,000 and $20,000 for each temporary licence holder. Each tenant of cooked food/light refreshment stalls at markets will get a one-off subsidy of $50,000. |
India |
The Central government allowed certain relaxations from the lockdown from 20 April 2020. However, as a precaution, the Tamil Nadu government announced a complete lockdown in Chennai, Coimbatore and Madurai from 26 April to 29 April and in Salem and Tiruppur from 26 April to 28 April. However, essential services like – hospitals, water supply, electricity, banks, print and electronic media, etc will remain operational during the lockdown. Through a separate order, the Tamil Nadu government has further exempted the following activities from the lockdown:
The Tamil Nadu government has released a list of industries that are classified as continuous process industries. These industries include- refineries, large steel plants, (including TMT bar manufacturers), large cement plants, continuous process chemical industries, including paints, sugar mills, fertilisers, float glass plants, large foundries with continuous process, tyre manufacturing plants, and large paper mills. Such industries are exempted from the lockdown, subject to obtaining approval from the State government. Further, the government has allowed skeletal staffs to work for essential maintenance of all closed industrial units. The District Administration of Gurugram has released a Standard Operating Procedure for resuming operations of industries and organisations. The Delhi government has clarified that no relaxation will be permitted for selected activities from 20 April 2020 (as mentioned in MHA guidelines) until further reassessment on 27 April 2020. In Madhya Pradesh, the State government has ordered the following exemptions for factories relating to weekly hours, daily hours, interval of rest etc.,:
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Indonesia |
The Minister of Communication and Informatics has issued Decree No. 159 of 2020, under which, among other things, telecommunications operators must contribute to facilitating and take the steps required in response to a request from the government / ministry / institution / task force to accelerate the management of COVID-19 in support of the government’s efforts to deal with COVID-19 which include the use of telecommunications infrastructure, systems and technology for among other things:
These contributions, facilitation steps and measures include but are not limited to the following:
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Japan | The central government of Japan has announced that the central government plans to extend the period of the state of the emergency based on the consultation with the experts. The length of the extension has not yet been announced. |
Philippines | The Enhanced Community Quarantine (ECQ) has been further extended to May 15, 2020. There were no changes to Immigration and Labor rules. |
Taiwan |
The Ministry of Transport and Communication announced an update that will provide information on how crowded tourist areas are using a traffic light system, as well as implementing crowd control measures at these locations. The update is scheduled to roll out on Tuesday (tomorrow) ahead of the long Labor Day weekend. The Ministry of Labor slightly expanded its part-time public sector job program in order to include persons who have been insured under relevant insurance programmes within the past year. Previously, persons were only eligible if they earned less than minimum wage. Under the new rules, priority will be given to persons depending on their needs and income. Under the programme, public-sector jobs are offered at minimum wage (NT$158 per hour) for up to 80 hours per month, totalling NT$12,640 per month. The programme is expected to offer up to 60,000 part-time jobs |
UAE |
The Supreme Committee of Crisis and Disaster Management has announced a partial reduction to the restrictions on movement (as outlined in our 6 April update) in the emirate of Dubai starting from Friday 24 April, to coincide with the start of the Holy Month of Ramadan. Public transport (bus and metro services), restaurants and cafés (excluding buffet and shisha), retail businesses (shopping malls, high-street outlets and souqs), wholesale businesses and maintenance shops will now be allowed to operate under certain conditions. Family entertainment facilities, including cinemas, will not be allowed to operate. Hotels will be permitted to operate but may not open pools, gyms, saunas or massage parlours. Importantly, a maximum of 30% of the workforce of all organisations will be allowed to work from their offices while the rest will be required to work from home. Office employees will also be exempted from the 22:00 to 06:00 curfew, during which movement restrictions are in place. Companies have been advised to constantly monitor the number of employees and visitors entering and leaving the workplace every day. Other than office workers, only certain sectors (and their employees) are exempted from movement restrictions during the curfew. These include shopping malls, financial services, food delivery services, healthcare services (including medicine manufacturers and providers of healthcare supplies), water and electricity services, telecommunications services, media services, airports, airlines, ports, shopping outlets, public and private security services, those in the construction sector and hotels. Shopping malls, markets and commercial outlets may open daily to the public from 12:00 to 22:00. |
Ukraine |
On April 22, 2020 the Cabinet of Ministers of Ukraine extended quarantine in Ukraine until May 11. The measures related to COVID-19, introduced earlier with connection to the quarantine largely remain effective. However some changes have been made. The respective Resolution of the Cabinet of Ministers of Ukraine introduces the following:
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April 24 Update |
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Australia |
The Australian Government has announced they have agreed to National COVID-19 Safe Workplace principles aimed at getting Australians back to work. These principles are to be released shortly. The Australian Government has also provided clarity on physical distancing requirements at schools, noting the 1.5 metre distancing rule in classrooms (and the four square metre rule per person) is not a requirement of the expert medical advice in classrooms. In the specific States:
An FWC full bench will grant a joint bid for coronavirus-driven changes to the award covering non-teaching staff in non-government schools, unless it receives opposing submissions by 4pm 24 April. The application seeks to vary the Educational Services (Schools) General Staff Award and will permit employers to direct non-teaching staff to cut hours by up to 25%, and direct workers "where necessary" to perform any duties within their skills and competency, regardless of classification, provided they are safe and the employee is appropriately licensed and qualified. Applying to non-teaching staff such as bus drivers, maintenance workers and other support staff whose workload has been significantly reduced as a result of COVID-19, there are safeguards on the award changes, including a 12-week limit on hours reductions, obligations to "discuss the reason behind the direction" and notify the union upon giving five days’ notice, and the requirement to comply with the award's consultation and redundancy provisions for any larger reduction. Other safeguards stop employers from reducing the pay of employees directed to perform the work of a lower classification, while requiring them to pay higher-level classification rates to those asked to perform higher-level duties. |
Canada |
Ontario: The provincial government has extending all emergency orders, including the emergency order requiring the closure of non-essential places of business, until May 6, 2020. Saskatchewan: The “Re-Open Saskatchewan Plan” has been released, setting out five phases for businesses and workplaces to reopen over a period commencing May 4, 2020 and continuing for an indeterminate period. |
Chile | A number of measures have been introduced in Chile to protect employment and pay, as well as in relation to employers' health and safety obligations in the workplace. Read our summary of the most important employment related measures here. |
China |
The State Council has encouraged state-owned real estate companies to exempt 3 months’ rent for small and micro enterprises in service industry in the first half of the year in its executive meeting two days ago. As a response to the above, Beijing government announced yesterday that if micro, small and medium-sized enterprises lease property owned by a state-owned company controlled by Beijing government, it will be able to enjoy rent-free for February. And these state-owned real estate companies plan to continue to exempt the rent for them for March and April. |
Hong Kong | The Subsidy Scheme for Beauty Parlours, Massage Establishments & Party Rooms ("BMP Scheme") under the second round of the Anti-epidemic Fund will be open for applications in early May. The collection and vetting of applications will be conducted through an online platform. A one-off tiered subsidy will be paid to each eligible beauty parlour or massage establishment depending on its scale of operation, at $30,000, $60,000 and $100,000 respectively; while a one-off subsidy of $40,000 will be paid to each eligible party room. |
India |
Some media reports had indicated that State governments may take legal action, including imprisonment of company CEOs, if COVID-19 positive employees are found at factory premises, and the factory premises would be sealed for 3 months in such cases, etc. However, the Ministry of Home Affairs (MHA) has issued a clarification that these are misplaced apprehensions. It has been emphasized that there are no such rules under the National Directives on COVID-19 Management (National Directives) and the Standard Operating Procedure (SOP) for the workplaces. The MHA has further reiterated / clarified that:
Given the lockdown, the labour ministry has extended the validity of licenses (whose renewal is due in the months of March, April, and May 2020) granted under the contract labour and inter-state migrant worker laws till 31 May 2020. The government of Andhra Pradesh has ordered industries to pay the full salaries (without any deduction) and to not terminate employment (including contract / casual labour) during the lockdown. |
Indonesia | The Financial Services Authority (Otoritas Jasa keuangan - OJK) has issued Regulation No.16/POJK.04/2020 which allows public companies to hold their General Meeting of Shareholders (Rapat Umum Pemegang Saham – RUPS) electronically in order to facilitate the effectiveness and efficiency of holding the RUPS of public companies under the current policy on state finances and the financial system’s stability issued for the management of COVID-19 in Indonesia.
The RUPS can be held electronically using an e-RUPS provided by an e-RUPS provider or a system provided by the public company. When convening its RUPS electronically, a public company must:
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Hungary |
Further restrictions are expected on the free movement of people (lockdown of certain places) for the long weekend of 1-3 May |
Malaysia | Further extension of the Movement Control Order (MCO): The Movement Control Order (“MCO”) which was due to end on 28 April has been extended to 12 May. No changes directly relevant to employers or businesses have been announced for this fourth phase of the MCO. Status of existing approvals to operate during MCO: The Ministry of International Trade and Industry (MITI) has confirmed that approvals granted to businesses to operate on-site under the previous phases of the MCO would automatically continue to be valid for the upcoming fourth phase. |
Singapore |
On 23 April, the Ministry of Manpower (“MOM”) published a news release which sets out the further measures to help companies during the extended circuit breaker. The announcement included the following:
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Taiwan |
The previously announced 20% rent reduction for state-owned properties for the full year of 2020 was expanded to also cover cases of rent for land rights and operating royalties in case of entrustment. This rent reduction does not require an application. The Central Bank amended loan terms regarding SME loans. The interest rates the Central Bank is offering to commercial banks for Central Bank backed SME loans was reduced from 0.25% to 0.1%. The interest rate caps for SMEs is unchanged at 1% for loans up to NT$2 million and 1.5% for loans up to NT$6 million. As such, this measure provides a margin increase for banks in order to facilitate more loans for SMEs. |
US |
The EEOC updated its Technical Assistance Questions and Answers to provide that businesses may choose to administer Covid-19 testing before allowing employees to enter the workplace because an individual with the virus “will pose a direct threat to the health of others.” On April 23, 2020, the Treasury and US Small Business Administration released guidance emphasizing that companies must “certify in good faith” the economic need for a loan under the Paycheck Protection Program. According to the guidance, “[i]t is unlikely that a public company with substantial market value and access to capital markets will be able to make the required certification in good faith, and such a company should be prepared to demonstrate to SBA, upon request, the basis for its certification.” On April 23, the House passed a $484 billion interim emergency bill (passed by the Senate earlier this week) that includes expanded funding for small businesses and hospitals, and money for coronavirus testing. President Trump is expected to sign it into law. |
April 23 Update |
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Australia |
The NSW Government has amended NSW regulations to allow video conferencing technology to be used in the witnessing of certain documents, including Wills, Powers of Attorney and statutory declarations. To facilitate the witnessing of NSW statutory declarations during COVID, the categories of people who are authorised to witness documents has also been expanded in line with federal legislation. The Queensland Government has relaxed funeral restrictions to allow for 20 people at a funeral. Physical distancing restrictions remain. |
Belgium |
The Federal Minister of Work has extended the duration of application of the simplified “coronaprocedure” to apply for temporary unemployment for force majeure until 31 May 2020 inclusive, see our previous alert for more details. |
Canada |
Foreign nationals are prohibited from entering Canada if they have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms Prince Edward Island: The provincial government has announced a phased-in approach to easing back on public health measures in Prince Edward Island could begin as early as May 1. Quebec: The provincial government has announced that it will:
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Colombia |
The National Government is preparing the health and safety guidelines that companies (depending on their specific economy sector) must comply with once they are allowed progressively to start operations back again. |
France |
Executive Order No. 2020-460 of 22 April 2020 on various measures taken to deal with the covid epidemic-19, published on 23 April 2020 contains various employment related provisions including changes to the partial activity scheme. |
Germany |
The heads of the parties forming the coalition in Germany agreed several changes last night (yet to be approved by the government and parliament):
All changes are yet to be approved by the government and the parliament. Smaller shops are allowed to open again in most states in Germany. Many states have imposed an obligation to wear masks in shops and public transport. Occupational health and safety measures: Federal Minister of Labour, Mr Heil, set out employer's obligations in more detail on 16 April 2020 and has established guidelines for (physical) cooperation. These requirements must be complied with by the employer under its duty of care to the employees; a violation can lead to liability for damages. The central requirement is the minimum distance of 1.5 m, which must be observed both at the workplace and in communal facilities and on means of transport. If this is impossible for practical reasons, respiratory masks should be used, which must then also be provided or at least financed by the employer. Likewise, these requirements apply not only to contacts between employees but also to contacts with customers. Furthermore, it is recommended to shift office work (as before) to working from home if possible and to limit business trips and all physical meetings to absolutely essential areas. In this respect, a distinction is made between technical measures (conversion of offices; disinfection; distance signs; working from home), organisational measures (shift planning; working time and break planning) and personal measures. It is also emphasised that even in the case of minor symptoms, presence at the workplace should be avoided. Some of the measures require consultation with the works council.You can find an overview of the measures here. |
Hungary |
The Government issued a Decree announcing certain measures affecting banks, insurance companies, investment firms, and other companies working in the financial sector:
The Government authorized local governments to issue restrictions on the free movement of people (lockdown of certain places) for the weekend of 25-26 April. |
Netherlands |
On 21 April 2020 the Dutch government announced that the lockdown will be extended until 20 May. Social distancing and other measures remain in force until then, with a few exemptions. Certain businesses are closed by government order, while others are allowed to open but every sector is required to draft a protocol to be approved by the government before opening. Read full details of the extended lockdown rules here. The Dutch government is researching whether they can use tracking apps to monitor the virus. This will include apps that for example notify users when they have been near another user who later tests positive for the virus, and an app that enables users to keep their doctor up to date on their symptoms without leaving their home. Further information will follow. Update on NOW Regulations relevant to group companies: On 21 April 2020, the Minister of Social and Economic Affairs announced proposed legislation so that for groups with less than 20% loss in turnover, it will be possible for the individual operating companies to apply for a subsidy for their salary costs on the basis of the decrease in turnover of the individual operating company. Read more about the proposed law here. |
Russia |
Under Presidential Decree of 2 April 2020 No. 239 "On measures to ensure the sanitary and epidemiological welfare of the population in the Russian Federation in connection with the spread of the novel coronavirus infection (COVID-19)", the period from 4 to 30 April 2020 has been declared "non-working" days with the retention of full pay. To continue business activities, many employers with the necessary technological capabilities have de-facto transferred their personnel to temporary remote work. The temporary transfer to remote work is not explicitly regulated by the Russian Labour Code. Read our article here about options for arranging a temporary transition to remote work during the shutdown period. |
Spain |
Royal Decree Law 15/2020 of April 21 on urgent complementary measures to support the economy and employment was published in the official Gazette on April 22. This new regulation includes a set of measures aimed to reduce the operating costs of small, medium-sized companies and self-employed, to strengthen business financing, taxation, to facilitate the adjustment of the economy and to protect employment and citizens. The Decree includes important employment measures including updates to the rules on remote working, working hours, temporary suspension of employment, contracts/reduction of working hours measures, postponement of the payment of social security. |
UAE |
The DIFC free zone has published a Presidential Directive effective from 21 April 2020 under which employers may impose business contingency measures without employee consent (subject to providing the employees with a minimum of five days’ advanced notice in writing):
For the period in which the Directive remains in place (an end date has not yet been specified), DIFC employers are required to maintain a list of any employees who are terminated and / or any employees who are surplus to the company’s requirements. The DIFC has announced that it will create a virtual labour market, and the relevant employees may have their information registered with the market with their consent. The Directive also confirms that employees who are required to take sick leave as a result of being infected with COVID-19, or as a result of being quarantined by a competent authority (such as the Dubai Health Authority) shall be entitled to sick leave on full pay and that this shall not be deducted from their statutory sick leave entitlement. The business contingency measures as outlined above cannot be applied to someone who is on COVID-19 related sick leave unless any applied to them before they commenced such sick leave. The Directive also includes measures relating to the protection of an employee’s end of service gratuity accrual and states that an employer may delay cancellation of an employee’s residence visa following termination (the DIFC Employment Law states that this must be cancelled within 30 days of the termination date). Employers in the retail, service or hospitality industry who provide employees with accommodation as part of their employment contract, are required to continue to provide accommodation to those employees until the cancellation of their residence visa. Separately, a circular has been issued by the Dubai Economic Department setting out measures that business should take in preparation for the first stage of the lifting of the current lockdown measures. While official guidance as to when the current lockdown will be lifted has not yet been issued, the circular sets out a strict list of guidelines and protocols that businesses should be aware of, and comply with, in advance of reopening, including specific guidance for those in the retail, construction and manufacturing sectors. |
US |
The CDC issued general business FAQs which build on the Interim Guidance for Businesses and Employers and Guidance for Critical Infrastructure Workers. On April 22, President Trump signed an executive order restricting certain categories of immigrants from entering the US for 60 days. The order contains exemptions for medical and other essential workers to combat the outbreak, spouses and minor children of American citizens, and certain other aliens. On April 21, the US Senate passed a $484 billion interim emergency bill that includes expanded funding for small businesses and hospitals, and money for coronavirus testing. The House is expected to pass the bill this week, and President Trump has said he would sign it into law. |
April 22 Update |
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Australia |
The Australian Government announced it would extend the exemption on mutual obligations (the requirements for jobseekers to attend job appointments and undertake certain job searching activities) for job seekers until 22 May 2020. During this time, employment services remain open and available to support jobseekers to prepare for and find available jobs. The Australian Government will spend $94 million on a fuel reserve to bolster the national stockpile. Australia’s strategic fuel reserve will be held initially in the United States. |
Canada |
Canada: The government has launched a calculator on the Canada Revenue Agency website so businesses can determine the amount they can expect to claim through the Canada Emergency Wage Subsidy. Businesses will be able to apply for the Canada Emergency Wage Subsidy as of Monday, April 27, 2020. Manitoba: The state of emergency in the province has been extended for 30 days, until 4:00 p.m. on May 18, 2020. Quebec: The Quebec government has pledged $100 per week for essential-service workers in low-wage jobs (such as grocery store cashiers). Applications for the program will open on May 19, 2020 and will be retroactive to March 15, 2020. |
Colombia |
On April 21, the Ministry of Foreign Affairs issued Resolution 1296 of 2020 setting out rules on visas, passport and Colombian nationality requests during the health emergency, the key points to note are:
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Hong Kong |
Extension of social distancing The government has announced that the social distancing measures that have been in place will be extended from 24 April to 7 May. In particular: 1. Catering business premises with food or drink for consumption on site, requirements on all Premises (the requirement for the number of customers in the catering business premises at any one time must not exceed 50% of the normal seating capacity of the premises is suspended effective 24 April):
Other requirements
2. Scheduled premises Amusement games centre, bathhouse, fitness centre, place of entertainment, place of public entertainment, “party room”, club or nightclub, karaoke establishment, mahjong-tin kau premises, beauty parlour, massage establishment must be closed 3. Scheduled premises : Club-house
4. Group gathering of more than 4 persons Prohibited in any public place unless exempted Support for education sector The Education Bureau issued a circular memorandum to tutorial schools, inviting them to apply for a relief grant under the Anti-epidemic Fund. The bureau said a total of about $120 million has been allocated from the fund to provide a one-off relief grant of $40,000 to each eligible tutorial school. These tutorial schools must be registered under the Education Ordinance, have been operating in the three months before the class suspension - November, December and January - and be in operation on the application date. Designated centres under the Financial Assistance Scheme for Designated Evening Adult Education Courses, which offer evening secondary school courses for adult learners, are also eligible for the grant. Additionally, the fund will also provide relief grants to school-related service providers who have been affected by the prolonged class suspension, incurring an expenditure of about $419 million. Beneficiaries will include operators of catering outlets at primary schools, secondary schools and post-secondary institutions and lunchbox providers of primary and secondary schools. School bus drivers, school private light bus drivers and escorts, or nannies, as well as instructors, coaches, trainers and operators of interest classes engaged by schools, will also benefit from the relief grants. Separately, the bureau announced earlier that it would provide a one-off relief grant of $80,000 to each private school offering full and formal curriculum. The grant has been disbursed progressively to schools under the English Schools Foundation, international schools, private independent schools, and other private secondary day schools and private primary schools. |
Hungary |
The Hungarian government has issued detailed provisions of the changes to the wage subsidies which contains the following: Wage subsidy for employment in reduced working time:
Wage subsidy for research and development employment
The government has also issued a decree with regards to the management of the economic crisis which contains the following:
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India |
Uttar Pradesh: The Labour Commissioner has directed all employers to pay wages with holidays during the lockdown. Karnataka: The government has made it mandatory for the public to download and use ‘Argoya Setu’ mobile application. This application provides alerts / warnings, etc. when a person comes in contact with (or is in close vicinity of) COVID-19 positive individuals. Karnataka State government has ordered all Industrial Associations to raise awareness about the Standard Operating Procedures (SOP) issued in the revised guidelines of the MHA among all industries/associations (excluding those in containment zones) before they resume operations. Under the revised MHA guidelines, the Karnataka police department has ordered all commercial, private, and industrial establishments to remain closed (unless specifically exempted) from 20 April 2020 to 3 May 2020 in the city limits of Bangalore. Some exemptions to this order include – banks, telecommunications and broadband services, IT and ITES establishments (for essential services only), e-commerce of essential goods, private security agencies, manufacturing units of essential goods or those manufacturing units which require continuous process, etc. Noida: Given the increase in COVID-19 hotspot zones, the District Magistrate has ordered that no commercial activities will resume in Noida from 20 April 2020. Maharashtra: the State government has clarified that the revised guidelines (which allowed certain activities to resume operations from 20 April 2020) will not be applicable in the Mumbai and Pune. Noida: The District Magistrate has ordered the closure of Delhi-Noida border amidst the surge in COVID-19 cases. |
Indonesia | The Department of Manpower, Transmigration and Energy of the DKI Jakarta Province has issued Circular Letter No. 3590/SE/2020, which requires all companies to implement the DKI Jakarta Governor’s Announcement Number 6 regarding the temporary suspension of office activities. Under the Circular Letter, businesses in the health, energy, staple needs and financial and payment system sectors may continue to have their employees work away from home while still implementing the protocols for the prevention of COVID-19 in a disciplined manner. Companies engaged in these businesses must report the prevention methods they are using in their companies to the relevant Departments and Sub Departments of Manpower, Transmigration and Energy in their areas. The report has to be submitted from 23 March 2020 to 22 April 2020 at the latest. |
Mexico |
On 21 April, a new decree was issued by the Ministry of Health ordering that non-essential activities are suspended until 30 May, 2020. For the municipalities with low or no transmission of COVID-19 only, the sanitary measures will remain in force until 18 May. |
Taiwan |
The Legislative Yuan approved an additional NT$150 billion for the special COVID-19 budget, bringing the total budget to NT$210 billion. This budget is used both for actual prevention, as well as economic relief measures. The Ministry of Finance extended the filing deadline for tax return attachments, such as audit reports, until July 31st. The Ministry of Finance also announced that an early tax refund can be received if taxes are filed before June 1st. The Financial Supervisory Commission announced incentives for private banks in bailout efforts for businesses. These incentives include a reduction in the hedge deposits required for when lending to SMEs as well as rewards for securing central bank loans for clients. Additionally, processing fees for workers and small firms will be waived. Facemasks under the rationing system can now be ordered at convenience stores using self-service kiosks. |
April 21 Update |
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Australia |
The Australian Taxation Office has updated its advice on the JobKeeper (wage subsidy) scheme, stating in its guidance that if an employer opts to participate in JobKeeper, it should "nominate all the employees they are entitled to claim for". The NSW Government has announced that from 11 May, NSW students will be asked to return to school for one day a week. The Australian Government has announced that certain elective surgeries will re-commence in Australia on Monday or Tuesday next week (27 or 28 April). ACT and WA are the states/territories that will recommence certain elective surgeries on Tuesday 28 April, whilst all other states/territories will recommence them on Monday 27 April. The restrictions on elective surgeries will be eased on about 25 per cent of activity in elective surgery in Australian private and public hospitals and will be reviewed on 11 May. The surgeries/procedures that will be re-commencing are:
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Brazil |
São Paulo's Governor has extended quarantine until May 10 and the Rio Governor has extended quarantine until April 30. The Supreme Federal Court has ruled that Provisional Measure 936 (salary reduction and suspension of the employment agreement) is valid, see our April 16 update, below. Therefore there is no need to consult the Union before implementing salary reduction / employment suspension measures. |
Canada |
Canada and the United States have agreed to extend the current border measures for another 30 days, to May 21, 2020. Effective April 20, 2020, anyone in an airport or airplane where you cannot maintain physical distancing is required to wear a non-medical face mask. Manitoba: The public health orders have been extended to May 1, 2020. The penalties for violating The Emergency Measures Act will increase to a maximum of $100,000 and/or one year imprisonment for individuals and a maximum of $1,000,000 for corporations. New Brunswick: The state of emergency in the province has been extended to April 30, 2020. The government has amended the Employment Standards Act to provide for an unpaid emergency leave in situations of declared emergency, notifiable disease, notifiable event, or other threat to public health. Gardening and agricultural retailers can reopen, and restaurants with a liquor licence can sell liquor for take-out or delivery. Nunavut: The state of emergency in the territory has been extended to April 30, 2020. Quebec: The minimum wage in Quebec has been increased by 60 cents to $13.10 per hour, effective May 1, 2020. |
China |
Beijing has announced that if micro, small and medium-sized enterprises do not lay off employees or lay off very limited number of employees only amid the outbreak of Covid-19, 100% of the previous year's unemployment insurance premiums will be returned to them. If the micro, small and medium-sized businesses face temporary difficulties with their business and operations but are likely to recover in the near future, the authority may return RMB 9,906 per person to the enterprises. |
Colombia |
President Duque has decided to extended the national mandatory furlough until May 11. The exception to this restriction will be for those companies in the manufacturing and construction sector, which may begin operations as from April 27, 2020, provided that they comply with all health and safety rules and recommendations. |
Hong Kong |
The Cinemas Subsidy Scheme under the second round of the Anti-epidemic Fund is open for applications from today to April 30 to support cinema operators. The scheme will provide a one-off subsidy of $100,000 per screen to each cinema licensed as a place of public entertainment with commercial operation in March. The maximum subsidy for a cinema circuit is $3 million Under the Anti-epidemic Fund, the Government will also provide rental assistance from May to the tenants of local creative landmark PMQ as well as subsidies to the printing and publishing sector for participation in the next Hong Kong Book Fair. Short Term Tenancies (STT) and waivers for varying the terms of land grants for business and community uses under the department have been granted 50% rental or fee concession from October 2019 to September this year. Under the new round of support measures, the 5,000 eligible STT tenants and waiver holders already enjoying the previous concession, such as catering facilities, shops, workshops, public fee-paying car parks, and welfare facilities, will see their rental or fee concession rate increase to 75% from April to September. The 75% concession arrangement will be extended to businesses not covered previously, such as depots for public transport operators, public utilities, petrol filling stations, driving schools and advertising facilities, effective for the same period. If these tenants and waiver holders are ordered to close or have chosen to close due to the Government’s orders or other restrictions for safeguarding public health under the relevant regulation, they may further apply to the department for full rental or fee concession for the duration of the closure. The department will issue written notifications to eligible STT tenants and waiver holders on the above concession measures and their implementation details. Additionally, to help development projects with construction progress affected by the epidemic, the department will offer extensions of the Building Covenant period at nil premium for up to six months for leases with the covenant not yet discharged as at April 8. The department will issue a practice note and upload it onto its website by the end of the month to announce the application arrangements for lessees. |
India |
Telangana: Under the extension of the national lockdown, the Telangana government has further extended the State-specific lockdown till 7 May 2020. Punjab: as COVID-19 has resulted in a shortage of labour, the State government has relaxed certain provisions of Factories Act, 1948 relating to working hours to allow optimum utilisation of the workforce. These relaxations include- (i) change in the maximum permitted working hours in a day from 9 hours to 12 hours; (ii) change in total spread-over limit for a day from 10.5 hours a day to 13 hours. However, it is clarified that for the additional hours, workers shall be paid twice the rate of ordinary wages. These relaxations will be effective for a period of 3 months from the date of this notification (i.e. 20 April 2020). Maharashtra: The government has extended the deadline for submitting the consolidated annual returns under the local shops and establishments law up to 31 July 2020. |
Indonesia | On 20 April 2020, the Minister of the Utilization of Civil Servants and Bureaucratic Reform issued Circular Letter No. 50 of 2020 on the Adjustment of the Work System of Civil Servant. The Circular Letter covers several additional matters including until when civil servants will work from home, which has been extended from previously until 21 April 2020 to now until 13 May 2020. |
Japan |
The Japanese state of emergency introduced on 16 April will remain in force until May 6 and the government has strongly encouraged employees to work from home. The Japanese government has not issued any guidance on returning to work at the moment. |
Singapore |
It has just been announced that the Circuit Breaker measures which we reported on previously are being extended to 1 June and the definition of “essential services” is expected to be tightened. Further details to follow. |
Taiwan | The Central Epidemic Command Center published videos to assist businesses in implementing the social distancing guidelines. Additionally, the CECC outlined its contingency plan for the outbreak in Taiwan. The plan has three stages: the transition, warning and control stage. Taiwan is currently in the transition stage with sporadic community transmissions and a few control measures. The warning stage is defined as three separate clusters of community infections within one week or more than 10 locally transmitted cases with unclear sources in one day. This would result in restrictions of movement and closures of public spaces. In the control stage, defined as a rapid increase in domestic cases and no possibility to conduct full contact tracing anymore, a full lockdown would be issued. |
Ukraine |
On April 13, the Parliament of Ukraine adopted a draft law on changes to the State Budget of Ukraine for 2020. The law was signed by the President of Ukraine on April 18, 2020 with the following changes introduced:
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US |
On April 20, the U.S. Department of Labor announced the end of the temporary period of non-enforcement of paid leave protections under the Families First Coronavirus Response Act (FFCRA). The Wage and Hour Division has provided various guidance on the requirements of the law, including Q&A, fact sheets, required workplace posters and other resources. States continue to issue orders addressing the COVID-19 crisis. For example, on Friday, April 17, Governor Cuomo issued Executive Order No. 202.19 which, in relevant part, suspends New York’s mini-WARN Act’s 90-day advance notice requirement for certain workers who were terminated but later rehired under the Paycheck Protection Program (PPP). The Executive Order provides that where employees were terminated in the wake of the COVID-19 crisis but are later rehired under a loan through the PPP, the employer is not required to provide 90-days’ notice of a subsequent termination (i.e., when the PPP loan’s 8-week period runs), so long as the employer (i) provided appropriate notice of the first termination, and (ii) the employer provides notice of the second termination as soon as practicable following rehire. This Executive Order waives this requirement through May 17. |
April 20 Update |
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Australia |
From today, 20 April, employers will be able to enrol in the Australian Government's JobKeeper (wage subsidy) scheme, using an online form on the Australian Taxation Office website. The Australian Government has announced the plan to introduce a mandatory code of conduct to govern the relationship between digital platforms and media businesses. The preparation of this code will be led by the Australian Competition and Consumer Commission (ACCC) and will likely require digital platforms to pay news outlets for hosting their content. |
China |
Beijing: Beijing's Government has withdrawn its pre-approval requirement for business resumption (which was implemented in early February due to the outbreak of Covid-19). Except certain industries where business may not yet be resumed including theatre, cinema, large scale sports venues, etc., all other companies may resume business based on the individual business need and to the extent permitted by disease control and prevention restrictions. The Beijing authorities will no longer require businesses to sign a separate Commitment Letter on Disease Control before the business resumption. However, a general requirement for all companies is to ensure that the space between two employees shall be no less than 1 metre and the usable area for each employee shall be no less than 2.5 square metres. |
Denmark |
The Danish salary and wage compensation scheme has been extended from the original end date of 9 June, to 8 July (inclusive). |
Hong Kong |
Employment support scheme: Hong Kong government’s Finance Committee met on Friday 17 and Saturday 18 April to discuss and approve further details surrounding the Employment Support Scheme. The Committee approved the terms of a government paper published last week which clarifies certain additional details. However, while the paper provides some clarity around the scope of the undertaking not to make redundancies and payment tranches, several questions remain unanswered e.g. whether an employer can apply only for part of its workforce, whether there will be a limit on the number of applicants, whether other cost-cutting measures falling short of redundancy will permitted. Read our summary of the latest details here. On 18 April 2020 the Hong Kong government launched the Hotel Sector Support Scheme as part of its Anti-epidemic Fund. Read full details here. Catering subsidy: The Hong Kong government’s Finance Committee has also approved the terms of a government paper published last week which clarifies certain additional details in relation to the one-off subsidy for the catering sector. Read full details here. The Club-house Subsidy Scheme, which provides a one-off subsidy of $100,000 to eligible club-houses, is now open for application. The deadline for application is May 18. Upon submission of the completed application form and supporting documents, the disbursement of subsidies could generally be made in around two weeks. The Travel Agents & Practitioners Support Scheme is also open for applications. The Subsidy Scheme for the Refuse Transfer Station Account Holders for Transporting Municipal Solid Waste, which offers a one-off subsidy of $8,000 to each of the eligible private municipal solid waste collectors operating in the first quarter, was also endorsed. To ease the application procedures, the Environmental Protection Department will post cheques to recipients of this special subsidy in about a week after the funding endorsement. Meanwhile, the total guarantee commitment of the Special 100% Loan Guarantee under the SME Financing Guarantee Scheme has been increased to $50 billion. The maximum loan amount per enterprise has been increased to $4 million and the principal moratorium arrangement has been extended to the first 12 months. The Special 100% Loan Guarantee will start receiving applications from April 20 and the application period has been extended to one year. |
Hungary |
The Hungarian Government has announced that provision of the wage subsidy for employment on reduced working time will be amended as follows:
Further details will be issued in the following days. |
India |
E-commerce: The MHA (Ministry Home Affairs) has clarified that exemptions granted to e-commerce companies for movement with necessary permission is revoked. However, the MHA has also confirmed that e-commerce activities related to delivery of essential goods will continue to operate without any prohibition. Haryana: Following MHA (Ministry of Home Affairs) guidelines, the government of Haryana has issued guidelines for the resumption of commercial activities within and outside of containment zones. Under the guidelines, applicants (who are permitted to resume operations) should apply on the SARAL Haryana portal (https://saralharyana.gov.in/) to obtain permission to resume operations and apply for intra-state passes, apply on the central government portal (https://www.egovernments.org/) for vehicle passes for interstate movement; provide an undertaking (in the prescribed format) of its compliance/implementation of the National Directives and SOPs prescribed by the MHA, etc. The Haryana government has also set out details of the relevant authorities who can issue passes to applicants (depending on the number of passes), along with details of an oversight committee and grievance redressal mechanism for industries. Andhra Pradesh: The Andhra Pradesh government has issued operational guidelines on preparing workplaces for prevention of COVID-19 in the State. These guidelines provide details regarding the industries allowed to operate during the lockdown period, detailed guidelines for safe operations in order to follow social distancing, monitoring procedure regarding adherence to prescribed guidelines. Dadra and Nagar and Daman and Diu: The Union Territory of Dadra and Nagar and Daman and Diu has extended the lockdown till 3 May 2020. Further, it is clarified that only the activities that are permitted under the MHA guidelines will be allowed to operate from 20 April 2020. Kerala: Pursuant to the MHA guidelines, the Kerala government has released revised guidelines for the containment of COVID-19 in the State. In the guidelines, the government has categorized districts into regions – Red (complete lockdown till 3 May), Orange A (lockdown till 24 April with partial relaxation), Orange B (Lockdown till 20 April with partial relaxation), Green (lockdown till 20 April with relaxation thereafter). Depending which category in which the district falls, the government will permit activities accordingly. Mumbai and Bangalore: The Municipal Corporation of Mumbai and Bangalore has published a list of containment zones, where no industrial/commercial activities will be permitted, to contain the spread of infection in the community. Gujurat: The Gujarat government has declared Ahmedabad, Vadodara, Surat, Bhavnagar, and Rajkot as COVID hotspot zones – therefore, activities in these zones will not be relaxed from 20 April 2020. The labour department in Gurjurat has ordered the following exemptions for factories relating to weekly hours, daily hours, interval of rest , etc- i) no adult worker shall be allowed or required to work in a factory for more than 12 hours in any day and 72 hours in any week; ii) the periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed 6 hours and that no worker shall work for more than 6 hours before he has had an interval for rest of at least half an hour; iii) no female workers shall be allowed or required to work in a factory between 7:00 PM to 5:00 AM; iv) wages shall be in a proportion of the existing wages. |
Indonesia |
The Minister of Health has declared the imposition of Large Scale Social Restrictions (LSSR) in several regions in Indonesia, including West Sumatra province under Circular Letter No. HK.01.07/Menkes/260/2020 and Tegal municipality under Circular Letter No. HK.01.07/Menkes/258/2020. In Tegal municipality, the mayor plans to impose LSSR in two phase for 30 days, from 23 April until 23 May 2020. In West Sumatra, the Governor plans to impose the first phase LSSR for 14 days the extension of which will depend on a further evaluation. |
Ireland |
Amendments to the Temporary Wage Subsidy Scheme (TWSS) were announced last week, below is an overview of the payments now available under the TWSS:
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Morocco |
Extension of health emergency: The health emergency has been extended in Morocco for an additional month (from 20 April to 20 May) by decree no. 330.20.2 of 18 April 2020. Employer financial aid: On 13 April 2020, a draft decree no. 331.20.2 has been adopted by the Moroccan government aiming to define the employers who are considered as facing difficulties due to COVID-19 and who could be eligible to benefit from the exceptional financial aids for April, May and June 2020. The draft decree defines an employer who is facing difficulties as:
Employers who are do not satisfy the above conditions could apply for an individual financial aid with a special committee which would be put in place in order to examine such derogative applications. This draft decree has not yet been published in the Moroccan official gazette and therefore has not yet entered into force. Preventative measures for employers: The Health Ministry has issued some preventive measures to be set up by all the employers who are still running their business, in particular to:
Masks: Since 7 April 2020, wearing masks is mandatory for all individuals authorized to leave their houses including employees. Non-compliance with this governmental requirement is sanctioned by imprisonment from one to three months and fines from MAD 300 to MAD 1,300 or one of the said sanctions. Tracking app: On 13 April 2020, the Moroccan government decided to roll out a tracking application of COVID-19 cases. The government expects that this application could be operational from early next month (May 2020). |
Poland |
On 16 April 2020, the Polish Parliament passed the Anti-Crisis Shield 2.0 law that modifies aspects of the existing law and introduces a number of new measures. The most important provisions concerning labour law include:
Read our full alert here. Masks: From 16 April 2020, everyone in Poland is obliged to cover their noses and mouths when not at home. This does not apply to those working in buildings, factories, establishments and markets if they do not provide direct service to customers. If employees do provide direct services to customers, the employer must provide them with masks. |
South Africa |
The Minister of Employment and Labour has made amendments to the COVID-19 Temporary Employee Employer Relief Scheme (TERS) Directive relating to annual leave. The Directive has been amended to make provision for the payment of benefits to employees who have been required to take statutory annual leave in terms of the Basic Conditions of Employment Act, 1997 during the national lockdown. The employer is required to claim these benefits from TERS and then pay the employees in respect of the annual leave that they were required to take. Alternatively, the employer may retain these amounts provided that it credits the employee with the leave days proportionate to the value of the benefit. The amended Directive also urges employers to pay employees the equivalent of their TERS benefits in advance in the event that the funds have not been received by the employer on their payment date, which funds the employer can then retain once payment is received. Businesses claiming from the TERS will no longer need to open a separate TERS bank account but can use their existing bank accounts to receive TERS benefits to be distributed to employees. |
Spain |
The Spanish president has confirmed that he will request Parliament to issue a new extension of the state of emergency until 10 May at 00:00. It is still unknown if confinement measures will be relaxed after 26 April. |
Taiwan | The Ministry of Economic Affairs has announced an expansion of its existing economic relief measures. In particular,
Additionally, the Central Bank expanded its system for small loans and is working on simplifying the application process. Under this scheme the Central Bank facilitates loans up to NT$500k for small businesses that are not required to issue invoices at low interest rates (currently 1%). Under the new process, the Central Bank no longer requires financial statements, instead using a simplified scoresheet in order to make these loans more easily available to these small businesses. |
US |
Guidelines for Opening up America Again: On April 16, President Donald Trump released Guidelines for Opening Up America Again, a proposal for “reopening” the state that governors may follow at their discretion. The proposal includes suggested criteria for regions or states to satisfy before proceeding to a phased “opening,” core state preparedness responsibilities, and responsibilities of individuals and employers during these proposed phases. Suggested employer responsibilities for all phases include:
Additional employer responsibilities apply to each phase. Interim OSHA guidance to evaluate employer health and safety standards: The Occupational Safety and Health Administration (OSHA) issued interim guidance to advise compliance safety and health officers to evaluate an employer’s good faith efforts to comply with safety and health standards during the coronavirus pandemic. The guidance recognizes that current infection control practices may limit the availability of employees, consultants or contractors who normally provide training, auditing, equipment inspections, testing, and other essential safety and industrial hygiene services. Similarly, business closures and other restrictions may preclude employee participation in training and access to medical testing facilities may be limited or suspended. The guidance provides that, during an inspection, compliance safety and health officers should assess an employer’s efforts to comply with standards that require annual or recurring audits, reviews, training or assessments, including if the employer:
The guidance states that employers unable to comply with OSHA requirements because local authorities required the workplace to close should demonstrate a good faith attempt to meet applicable requirements as soon as possible following the re-opening of the workplace. OSHA tips for manufacturing employers: OSHA also issued an alert listing safety tips employers can follow to help protect manufacturing workers from exposure to coronavirus. Similar lists have been provided for other industries such as pharmacy, retail and delivery workers on the front lines of the pandemic. EEOC guidance: On April 17, the EEOC issued further guidance with respect to COVID-19, specifically providing two additional FAQs regarding employee return-to-work protocols. First, the EEOC provides guidance on the type of inquiries that employers can make regarding employee health as it relates to coronavirus, noting permissible inquires may include “tak[ing] temperatures and asking questions about symptoms (or require self-reporting) of all those entering the workplace,” provided that such is consistent with CDC or similar regulations. The EEOC counsels that “[e]mployers should make sure not to engage in unlawful disparate treatment based on protected characteristics in decisions related to screening and exclusion.” Second, the EEOC provides guidance on the use of personal protective equipment and other accommodations. The EEOC explains that an employer may require use of PPE such as masks and gloves, and also implement “infection control practices” like regular hand washing and social distancing. The EEOC notes that should an employee request a variance from any such protocol as an accommodation, the employer will need to engage in the interactive process, as with any other accommodation. State legislation: States continue to enact legislation in response to COVID-19. For example, New Jersey Governor Phil Murphy recently signed legislation (S. 2374 ), which expands protections of the Family Leave Act to allow employees forced to take time off to care for a family member during the COVID-19 outbreak with up to 12 weeks of unpaid family leave in a 24-month period without losing their jobs. Governor Murphy also signed S. 2353 / A. 3938 to exclude from severance requirements under the state’s WARN law mass layoffs that result from the coronavirus disease 2019 pandemic. In addition, California Governor Gavin Newsom signed Executive Order N-51-20, which ensures that certain food workers, including grocery and agricultural workers, receive paid sick leave for COVID-related reasons. The purpose of this executive order is to ensure that the paid leave provided for under FFCRA extends to food workers who otherwise might exempted under the FFCRA, which does not apply to employers with more than 500 employees, among others. In addition, the executive order requires that workers in food facilities be permitted to wash their hands at least every 30 minutes |
April 17 Update |
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Australia |
The Australian Government has announced that NBN Co (the operator of the National Broadband Network, an Australian national open-access data project) will provide $150 million in financial relief to internet providers so they can assist Australian families and businesses in accessing the NBN during this period. This will include:
Businesses Forced to Close WA: The WA Government has announced that WA schools will reopen for the start of term 2 (Monday 27 April), but has given parents the choice whether to send their children to school. The plan will be reviewed at the end of week 3 of the term. |
Canada |
Manitoba: The government has amended the Manitoba Employment Standards Code to introduce a Public Health Emergency Leave, a temporary job-protected leave for employees who are unable to work due to circumstances related to the COVID-19 pandemic. Entitlement to this leave begins on March 1, 2020. Northwest Territories: The state of emergency and public health emergency in the territory has been extended to April 28, 2020. Prince Edward Island: The province has declared a state of emergency for the period of April 17, 2020 to April 30, 2020, and extended the public health emergency for 30 days. Quebec: The public health emergency in the province has been extended to April 24, 2020. Saskatchewan: The premier of the province has announced that Saskatchewan would be slowly starting to reopen its economy next week |
Colombia |
As of April 16, the state of emergency declared on March 17, 2020 ended and was not extended. However, note that the Colombian President may declare another state of emergency for other 60 days during 2020. |
France |
Decree No. 2020-435 of 16 April 2020 on emergency measures for partial activity has been published which provides details for the methods for the calculation of the partial activity indemnity for specific category of employees such as:
In addition, the decree of 16 April 2020 also specifies the methods for calculating the allowance for employees who receive variable compensation or compensation paid on a non-monthly basis. It also provides for the nature of the sums that shall be excluded from the salary to be considered for the calculation of the partial activity indemnity. |
Hong Kong | HKMC Insurance Ltd announced today that the Special 100% Loan Guarantee under the SME Financing Guarantee Scheme will start receiving applications from April 20. The loan guarantee was introduced in the 2020-21 Budget to ease the cash flow problems of enterprises adversely affected. Enterprises that have been operating for at least three months as at end-December 2019 and have suffered at least 30% decline in sales turnover in any month since February 2020 compared with the monthly average of any quarter in 2019 are eligible. An interest rate of the Prime Rate minus 2.5% per annum will be charged and all guarantee fees will be waived. The maximum loan amount per enterprise is the total amount of employee wages and rents for six months or $2 million, whichever is lower. If an enterprise does not have employees nor a rented office, the calculation can be replaced by half of the maximum monthly net income in 2019. Enterprises may also apply for an optional principal moratorium for the first six months to alleviate instant burden on repayment.Subject to funding approval by the Legislative Council Finance Committee, the maximum loan amount per enterprise will be increased to $4 million and the principal moratorium arrangement will be extended to the first 12 months. |
Hungary |
The Government has issued a decree to put a company under state supervision for the first time. The current state of emergency enables the Government to issue such measure. The company in question is a major packaging manufacturer in Hungary. A government official will represent the Hungarian state. The competence of the person acting as supervisor may revoke the mandate of executive officers and supervisory body members and may appoint new company officials; may terminate contracts of monetary value; order company officials. The supervision remains effective until the end of the state of danger. The Government designated 10 additional companies as vital Hungarian companies in the field of food and pharmaceutical industry. The list now comprises of 104 companies that are assisted in their continuous and safe operation by the Hungarian army. It does not mean state supervision over these companies. The Government authorized the local governments to issue restrictions on the free movement of people (lockdown of certain places) for the weekend of 18-19 April. |
India |
Following the extension of national lockdown, the Government of Maharashtra and Tamil Nadu has also extended the state lockdown from 30 April 2020 to 3 May 2020. By way of an addendum to the revised guidelines (dated 15 April 2020, see below), the Ministry of Home Affairs has, among other things, allowed several services to operate during the lockdown by way of an exemption. These services includes- Non-Banking Financial Institutions (NBFCs) including Housing Finance Companies (HFCs), Micro Finance Institutions (MFCs), and Cooperative Credit Societies. The Greater Chennai Corporation has ordered the use of face mask compulsory for any person stepping out of their homes for permitted works and needs. |
South Africa |
There have been a number of updates to the Regulations in South Africa in respect of the extension of the lock-down until midnight on 30 April 2020, including: Mining: Mining operations must be conducted at a reduced capacity of not more than 50% during the lock-down and thereafter at increasing capacity as determined by the Minister responsible for Mineral Resources and Energy. The following conditions apply to the starting and increasing of capacity:
Call Centres (see relevant Directive here). Call centres that provide health, safety, social support, government and financial services to international markets are now an essential service which may operate during the lock-down under the following conditions:
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Taiwan |
The Ministry of Foreign Affairs announced the second automatic 30 day extension for all visitor visas, visa exempt entries and landing visas for foreign nationals who entered on or before March 21st. This extension does not apply to over-stayers and the total period of stay may not exceed 180 days. The National Immigration Agency has also extended its voluntary departure program for over-stayers until June 30. This program gives leniency towards over-stayers who turn themselves in by not detaining them, not issuing an entry ban and only giving the minimum fine. The Small and Medium Enterprise Administration (SMEA) announced that foreign SME owners are eligible for government subsidized and backed low-interest loans in connection with COVID-19. These loans are only open to companies registered in Taiwan which are not branch offices. The SMEA also has an English-language service hotline under the number 1988 for business owners who have questions regarding these. Korean or Japanese may also be available upon request. The loans are up to NT$150 million at a capped interest rate of 1.845% and the interest for the first year is covered by the Ministry of Economic Affairs. Due to the popularity of the online facemask ordering system, facemask availability at pharmacies and health clinics will be reduced to six days a week in order to lower the burden caused by facemask distribution to these locations (no more deliveries on Sunday). A quick reminder, there is currently a facemask mandate on all public transportation as well as many government facilities, such as the post office. Adults can buy 9 facemasks every 14 days using their NHI card number. There is an online ordering system, which allows delivery to convenience stores and certain supermarkets. Starting next week, people will also be able to order the facemasks at the major convenience store chains |
Ukraine |
On April 13, the Parliament of Ukraine adopted amendments to the Law of Ukraine On protecting the population from infectious diseases, which were signed into law by the President of Ukraine on April 16, 2020 and introduce the following:
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UK | The Coronavirus Job Retention Scheme (“CJRS”) was originally planned to apply for a 3 month period from 1 March 2020 to 31 May 2020. Following the extension of the lockdown period on 16 April, the Treasury announced today (17 April) that the CJRS would be extended until the end of June 2020. |
US |
On April 16, President Donald Trump released Guidelines for Opening Up America Again. The plan includes criteria each region or state should satisfy before proceeding to a phased opening, core state preparedness responsibilities, and responsibilities of individuals and employers during all phases, and in each specific phase of the opening. The guidelines provide that they are implementable on a statewide or country basis at Governors’ discretion. Employer responsibilities for all phases include:
Additional employer responsibilities apply to each phase. |
April 16 Update |
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Australia |
The Australian Government has advised that social distancing restrictions will not be lifted for at least 4 weeks and only after there is more extensive testing, greater tracing capability and the ability to quickly lockdown areas of outbreaks. Changes have been made to Fair Work Regulations to reduce the mandatory consultation period for enterprise agreement changes from seven days to 24 hours. This means employers are required to give only 24 hours’ notice of any proposed variation before it can be put to a vote by workers. Employers will still need to meet the essential conditions required under the “genuine agreement” test that is ultimately determined by the Fair Work Commission. Employees will also still be able to vote down a proposed change to agreements. These changes will revert to the usual 7 day period automatically in six months. The Government has also agreed to pay airlines to keep a minimal domestic schedule of flights in the air. Virgin Australia will resume flying tomorrow and continue the routes for at least the next eight weeks. The Government has also agreed on a set of seven national principles for school education, including that:
In the specific States/Territories:
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Belgium |
On 15 April 2020, the Belgian National Security Council announced its decision to extend the national quarantine measures from 19 April until 3 May 2020. The simplified fast-track “coronaprocedure” (see 23 March update below), will remain applicable until 31 May 2020 inclusive. |
Brazil |
A reminder that two Provisional Measures are in force due to the COVID-19 crisis. Provisional Measure 927:
Provisional Measure 936 allows:
There is a lawsuit challenging the constitutionality of this law (as it allows both procedures without Union’s approval) and the judgment of this lawsuit is scheduled for today. |
Canada |
The federal government announced its intention to work with provincial governments to boost wages for essential workers who are earning less than $2500 a month. The goal is to put a program in place as soon as possible. The eligibility criteria for the Canada Emergency Response Benefit is being expanded by relaxing the criteria to allow the following people to qualify:
The federal government announced its intention to institute a moratorium, through the remainder of 2020, on solvency payment requirements for federally-regulated defined benefit plans British Columbia: The state of emergency in the province has been extended to the end of day, April 28, 2020. Quebec: In addition to the other businesses now being deemed essential, the housing construction and associated activities (renovation work, surveying, building inspection and the construction industry supply chain sector) can also reopen as of April 20th, but only with respect to the delivery of residential units slated for no later than July 31, 2020. Saskatchewan: The state of emergency in the province has been renewed. |
Colombia |
On April 15, the Ministry of Labor issued Law Decree 558 of 2020, which regulates the temporarily decreased payment for the Social Security Pension System. During May and June, 2020 Pension contribution will be 3% (rather than 16%), where 2.25% will be assumed by the employer and 0.75% assumed by the employee. For independent contractor contribution will be borne solely by the contractor. On April 15, Ministry of Justice issued Law Decree 564 of 2020, which provides the term for statute of limitations to exert rights or judicial actions will be suspended according to the date the Judiciary Superior Council defines. Currently terms are suspended as to April 26, 2020. As of April 15, 2020 the Ministry of Treasury issued Law Decree 568 of 2020, in which establishes the COVID-19 solidarity tax fund, as follows:
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France |
Three new Executive Orders have been published: Executive Order No. 2020-428 of 15 April 2020 on various social measures to deal with the covid-19 epidemic which:
Executive Order No. 2020-427 of 15 April 2020 laying down various provisions on time limits to deal with the covid epidemic-19 which confirms that:
Executive Order No. 2020-430 of 15 April 2020 relating to imposed paid leave or RTT in the civil service during the period of the health emergency. This provides for rules similar to those applicable in the private sector to impose paid leave and/or RTT to employees of the civil service |
Germany |
On 15 April 2020, the German Federal Chancellor and the heads of government of the German Federal States announced future regulations regarding the Corona pandemic:
Amendment of court procedure due to COVID-19: The government is considering whether to allow hearings before labour courts by video conference in the event of a pandemic situation. Alternatively, courts are allowed to exclude the public from the hearing. So far hearings must take place in the physical presence of the judges and the parties and hearings are usually public. |
Hong Kong |
Fitness Centre Subsidy Scheme: The Home Affairs Bureau said a subsidy scheme will be launched under the Anti-epidemic Fund to provide relief to fitness centre operators. The Fitness Centre Subsidy Scheme aims to provide a one-off subsidy of $100,000 to the operator of each affected fitness centre. More than 1,600 fitness centres are expected to benefit from the subsidy. The bureau appealed to the Legislative Council Finance Committee for early approval of the subsidy. Rent concession: The Government Property Agency is writing to eligible tenants under its purview to notify them of the implementation of the Government's latest rental concession measures. One of the measures enhanced the rental reduction for eligible businesses or organisations renting government premises from 50% to 75% for April to September this year. The scope of the enhanced 75% rental concession will also be expanded to benefit more businesses or organisations such as regulators' offices for public transport operators and advertising signboards leased by the agency. Tenants of government premises that are required to completely cease operation due to the Government's implementation of anti-epidemic measures will receive a full rental waiver during the closure period. Recycling Fund: The maximum monthly rental subsidy for each recycler under the One-off Rental Support Scheme will be increased from $25,000 to $37,500 while the maximum total rental subsidy for the 12 months will be increased from $300,000 to $375,000. The Recycling Fund has allocated $50 million in additional funds to raise the scheme’s subsidy level. The fund has now earmarked up to $250 million in total funding to fight the virus and help the recycling industry ride out difficult times. The Advisory Committee on Recycling Fund agreed to strengthen support under the scheme by increasing the rental assistance from 50% to 75% for the subsidy period from April to September. |
Hungary |
The fringe benefits on the so-called “SZÉP card” paid until 30 June 2020 will be exempted from social contribution tax and also the limit of the fringe benefits which can be provided to the employees on SZÉP card will be increased. To ensure health insurance for employees during unpaid leave, as of 1 May the employer shall pay medical service contribution HUF 7,710 (i.e. approx. EUR 20) per month after the employees on unpaid leave. Businesses providing accommodation services will be exempted from the tax on tourism until 31 December 2020. A new legislative proposal has been submitted on the termination of the civil servant status of employees employed in cultural areas such as museums, libraries, etc. It will be mandatory to provide electronic payment for those traders who have online cash registers effective as of the beginning of next year. |
India |
Following the extension of the national lockdown until 3 May 2020, the Ministry of Home Affairs (MHA) has released revised guidelines on the measures to be taken during the extended lockdown period. As per the guidelines, among other things, all industrial and commercial activities (other than those specifically permitted) are ordered to be closed during the lockdown. In the guidelines, exemptions are granted to a number of activities, including but not limited to:
The revised MHA guidelines also provide national directives for COVID-19 management including workplace management, which provides, among other things:
MHA Order dated 15 April with revised consolidated guidelines Employees’ Provident Fund Organisation has allowed a grace period of 30 days (i.e. 16 April 2020 to 15 May 2020) for filing of Electronic Challan cum Return (ECR) to the employers of those establishments which have disbursed the wages for March, 2020 to their employees. Travel restrictions:
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Indonesia | The Minister of Transportation has issued Regulation No. 18 of 2020 to among other things, control passengers transportation during the preparation for journeys, during the journeys and upon arrival at the destination, including among others, the following:
Further, the Regulation also limits what can be carried to and from an area where Large Scale Social Restrictions apply as follows:
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Portugal |
In relation to the support measures previously approved (in particular, the exceptional support for preserving employment contracts), Order no. 94-A/2020, 16 April has been published stating that the companies benefiting from these measures must keep supporting documents for three years. |
April 15 Update |
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Australia |
The Australian Government is providing a waiver of spectrum tax – which stations pay to broadcast their signal – to commercial television and radio broadcasters. The Australian screen content quota for Australian drama, children's programs and documentaries has also been suspended for 2020. $50 million will also be invested in a Public Interest News Gathering program targeted at regional journalism. In the specific States/Territories: Victoria: Term two of school begins in Victoria on 15 April 2020. The State Government has instructed state schools to move to online learning and announced guidance that parents should only send their children to school if their children are vulnerable, have special needs, or if the children’s parents are working. Victoria has announced a $500 million package for landlords and renters.
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Canada |
Canada: If asymptomatic travellers returning to Canada cannot describe a credible quarantine plan, they are required to quarantine in a hotel. Manitoba: The government of Manitoba will be extending the public health orders issued on March 30 for two weeks. The orders that were to expire on April 14 are now extended to April 28, 2020. Northwest Territories: The government of the Northwest Territories has ordered the closure of certain non-essential businesses, effective April 11, 2020. Ontario: The government of Ontario has extended state of emergency in the province for a further 28 days – until May 12, 2020. |
Hong Kong |
The Chief Executive has confirmed that employers who apply for the Employment Support Scheme worth HK$80 million can only spend the subsidies on employees and not other expenses such as rent, adding that they cannot lay off staff during the six months they are receiving the subsidies. Employers have to select one month from January, February or March for calculation of salary subsidies and that the employee figures have to be from March. Full details of the Scheme are expected to be finalized by this Friday. |
Hungary |
The government introduced the following special taxes in the framework of the management of the economic crisis:
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India |
The Prime Minister of India has announced a further extension of the national lockdown until 3 May 2020. All restrictions that have been imposed in various sectors and activities will continue to remain effective, and all States and UTs are accordingly advised to strictly implement the restrictions orders during the extended lockdown period. The Government of Andhra Pradesh has also extended the state lockdown till 3 May 2020. The Director General of Civil Aviation (DGCA) has ordered that all scheduled international and domestic services will remain closed until 3 May 2020. However, this restriction will not apply to international all-cargo operations and flights specifically approved by DGCA. Karnataka: The Department of Labour has ordered all public and private companies to pay full wages to their employees during the lockdown. Further, it is ordered that employers should not reduce wages or terminate employment (including of casual/contract employees). |
Indonesia | The Minister of Finance has issued Regulation No.28/PMK.03/2020, which among other things grants VAT incentives to certain parties (including government institutions and hospitals) for importing or acquiring Taxable Goods, acquiring Taxable Services, and using Taxable Services from outside the Indonesian customs area in the customs area which are needed for the management of COVID-19 during the April 2020 tax period until the September 2020 tax period. The Financial Services Authority (Otoritas Jasa Keuangan – “OJK”), under its Letter No. S-7/D.05/2020 of 2020, has extended the reporting deadlines for Non-Bank Financial Services Institutions (Lembaga Jasa Keuangan Non Bank – “LJKNB”). According to this Letter, the OJK understands that a number of LJKNBs have applied policies under which their employees work from home due to the COVID-19 situation. This has the potential to become an obstacle to LJKNB businesses complying with their obligation to submit periodic reports to the OJK in a timely manner. |
Ireland |
Irish Government announce increase to wage subsidy scheme The Irish Minister for Finance announced today, 15 April 2020, that for incomes that are less than approximately €24,400 per year, the Irish government will increase the subsidy available to employers under the temporary wage subsidy scheme from 70% to 85%. The Minister also said that the Irish government would be introducing "flexibility" on how the subsidy is paid. This comes after the government’s announcement on Friday the 10th of April that quarantine measures in place in Ireland would be extended until 5 May 2020. Regulations empowering Gardaí to enforce restrictions on public movement have also been extended until the 5 May 2020. Further clarity and detail on the exact amendments to the legislation are expected later today. |
Italy |
On 10 April a new Presidential Decree was published to adopt measures aimed at further containing the spread of COVID-19. Under the Decree, the lockdown has been extended up to 3 May 2020, except for the activities listed here. |
Poland |
The following changes are currently being discussed in the Polish Parliament, but are not yet final (and the final law may be different):
The subsidies will be granted for three months from the month in which the application is submitted, previously it was "from the date". This may allow for the earlier receipt of subsidies and greater savings.
Employers with monthly income not exceeding PLN 15,681 (300% of the average monthly wage) that currently register up to nine people for insurance purposes may take advantage of the exemption from the obligation to pay social security contributions in full for three months. The new proposal is that employers who currently register between 10 and 49 people for insurance purposes can take advantage of the exemption of 50% of the total amount of unpaid contributions. The exemption covers the period from 1 March 2020 to 31 May 2020. This may allow for additional savings in employment costs.
Initial training in health and safety at work may be carried out completely via electronic means of communication. Exceptions to this rule include instructions for workers in jobs and positions where there is an exposure to danger.
From 16 April, everyone in Poland will be obliged to cover their nose and mouth in public space. More details will be known this afternoon. |
Spain |
The Spanish Government has published a guide to good practice in workplaces to prevent COVID- 19 coinciding with the return to workplaces, on April 13, of those employees in non-essential activities who cannot work remotely. The guide reconciles the most essential measures of hygiene and social distancing to be applied before, during and after attending the workplace. |
South Africa |
In light of the extension to the lockdown in South Africa the Judge President of the Labour Court has issued a further Directive, which you can read here. This is identical in substance to the initial Directive regarding the closure of the Labour Courts, with the date of the closure now being extended to 30 April 2020. In this respect, no matters will be allocated for hearing from Tuesday 14 April until 30 April 2020 (inclusive); matters already allocated will not be heard and will be removed from the roll and no Judges will be available at Court to consider any matter nor will any member of staff be available to receive any documents. With regard to urgent Court matters, parties must alert the Registrar of the Court explaining in full detail why the matter is considered to be so urgent that it must be considered during the lockdown. The Registrar will then contact the Judge on duty who will inform the Registrar whether or not s/he will consider the matter, in which case the matter will be heard telephonically. |
Sweden |
The Swedish government has proposed to temporarily expand the system for short-time work. The proposed change implies that the employer can now reduce working hours for employees by up to 80 percent, and that the state shall bear the majority of the cost. The extended support will be valid for three months from 1 May 2020. The new and higher level of short-time work means that costs are reduced even more for employers. If the new level of short-time work is applied the wage cost for the employer will be reduced by over 70 percent, while the employee can retain almost 90 percent of their normal salary. Combined with the reduced employer contributions, the employer's salary costs can be reduced by up to 86 percent during the period May to July 2020. Moreover, the government will allocate resources equivalent to 130 employees to the Swedish Tax Agency to control companies that have received support for short-time work. This will be done through, for example, more unannounced checks of employee ledgers. |
Taiwan |
The Ministry for Health and Welfare announced subsidies and incentive payments for medical care workers and hospitals pursuant to Article 2 of the Special Act on COVID-19 Prevention, Relief and Restoration. Under this scheme, workers may receive incentives of up to NT$10,000 per day depending on their work. Hospitals and clinics shall receive subsidies for the provision of negative pressure isolation wards, ICU beds, as well as incentive payments for setting up quarantine stations and conducting COVID-19 testing and more. Additionally, the ministry will award up to NT$10,000,000 to hospitals and clinics for outstanding performance in epidemic prevention. |
UK |
On 15 April the Government updated its guidance on the Coronavirus Job Retention Scheme (CJRS) and issued a Treasury Direction under ss.71 and 76 of the Coronavirus Act 2020, which provides the underlying legal framework for the CJRS. The Treasury Direction makes one major change to the operation of the CJRS: The relevant date is now 19 March 2020 rather than 28 February 2020. In order to claim employers must have had a PAYE scheme on or before 19 March. Employers can claim in respect of employees that were on the PAYE payroll on or before 19 March and which were notified to HMRC on an RTI submission on or before 19 March. Employers can still rehire employees whose employment terminated after 28 February and place them on furlough. |
US |
On April 13, the Occupational Safety and Health Administration (OSHA) announced an interim enforcement response plan for the coronavirus pandemic. The plan provides directions and guidance to OSHA Area Offices and compliance safety and health officers for handling coronavirus-related complaints, referrals, and severe illness reports. It also includes procedures for addressing reports of workplace hazards related to the coronavirus. OSHA will prioritize fatalities and imminent danger exposures related to the coronavirus for on-site inspections. |
April 14 Update |
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Australia |
The Australian Government has announced the Rules for the JobKeeper Payment (Coronavirus Economic Response Package (Payments and Benefits) Rules 2020). These Rules set the formal criteria for employers receiving the JobKeeper subsidy. The Rules largely reflect what the government had previously announced, and which we have outlined in our previous updates below. Notably, the Rules state that employers will need to pay eligible employees in advance of payment of the subsidy and that employees will need to obtain employee consent to have that employee participate in the program. The Australian Government has introduced national guidelines on bills/charges that state and territory governments have direct control over, including water company bills and council rates. Broadly, the guidelines apply to households and small businesses and provide for flexible payment options, no disconnection of services for those under financial stress and waivers for late fees and interest. The Australian Government has announced an education package targeted at universities. Prices will be discounted for six-month, remotely delivered diplomas and graduate certificates in nursing, teaching, health, IT and science provided by universities and private tertiary educators. According to the Government, the 20,000 places offered for the first time in these short courses will offset university losses from international students and allow greater flexibility. The Government will also guarantee that $18 billion budgeted to go to universities this year for domestic students will arrive regardless of any fall in enrolments. Businesses Forced to Close In the specific States/Territories:
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Canada |
Canada: The Canadian Parliament and Senate have approved (on Saturday evening) the Canadian Emergency Wage Subsidy, which provides a 75% wage subsidy to eligible employers for up to 12 weeks, retroactive to March 15, 2020. Read full details here. Ontario: The orders declaring a public emergency, prohibiting certain public events, and requiring the closure of certain establishments have been renewed until April 23, 2020 (from April 13, 2020). Quebec: The Quebec government has expanded its list of essential businesses, effective April 15, 2020, to include: mining operations; products, parts and other equipment necessary for transportation and logistics services; landscaping and landscape maintenance (including nurseries, garden centres and businesses selling swimming pools); and service stations, vehicle maintenance and repair, tow truck firms, trucks and specialized equipment and roadside assistance. |
Colombia |
The President announced that independent contractors and employers will be allowed to suspend the payment of pension contributions for up to three months. In addition, the President announced that the National Government will be granting/financing the payroll of those small to mid-size enterprises for those employees who earn up to 5 minimum monthly legal wages (approx. USD $1.100).
On April 12, the Ministry of Health issued Law Decree 538 which sets out medical staff conditions:
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Denmark |
In the coming week, Denmark will slowly start to exit from the lockdown by opening daycare centers and schools from 0-5th grade. Some business will slowly start to open with restrictions from the government. Hairdressers, bars, cafes and restaurants will however still stay closed until 10 May. |
France |
The lockdown in France has been extended until 11 May under the existing conditions. |
Germany |
Changes to the Working Time Act (effective immediately): Under German law, the maximum daily working time is 10 hours. The government has now issued a decree which allows to increase this maximum daily working time to up to 12 hours for certain activities (including, but not limited to, (i) producing and packaging of fast moving consumer goods and medical products, (ii) medical services, (ii) services required to maintain public order and (iii) services required to maintain the functionality of data networks and computer systems). For these activities, the prohibition to work on Sundays does not apply either. Also, the mandatory resting periods are reduced for these activities. The weekly working time is still limited to 60 hours, but it may be increased in exceptional cases if the extension cannot be avoided through organizational measures. This new law is limited until 31 June 2020. Proposed changes to procedural aspects of works council law: Under current German law, works council members need to meet in person to vote on resolutions. Also, under the current law, reconciliation boards (which decide in a binding way when works council and company do not agree on issues which are subject to co-determination laws) need to meet in person to elaborate and vote on issues which are subject to co-determination rights. The administration has proposed legislative changes which would allow works council meetings and / or meetings of the reconciliation board to take place via telephone conference / video conference. This new law would apply retroactively as of 1 March 2020 and it is limited until 31 December 2020. It is expected that the new law will be passed next week. Please note that this does not have any impact on the requirement that a works agreement between the works council and the company and / or a ruling of the recon board requires a wet-ink signature in order to be valid. |
Hungary |
The government has issued several decrees concerning the management of the economic crisis which include the details of wage subsidies previously announced by the government: Employment on reduced working time (as of 16 April 2020)
Support of the employment of research and development employees (as of 15 April 2020)
Amendment of the employment provisions (as of 11 April 2020)
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India |
Lockdown extension: authorities in the States of Maharashtra, Tamil Nadu, and Telangana have extended the lockdown till 30 April 2020. Further, the Prime Minister, in a speech today on 14 April has said that the nationwide lockdown would be further extended till 3 May 2020. The orders and guidelines related to the extended nationwide lockdown are awaited. Authorities in the States of Delhi and West Bengal have ordered everyone to wear face masks while in public places (including workplaces). The Department of Commerce, Ministry of Commerce and Industry has relaxed and granted extensions on various deadlines under its schemes and activities. Some key relaxations include - extension of Foreign Trade Policy; extension of export obligation period, etc. Further, with respect to SEZ (special economic zones) developers / co-developers / units, relaxations have been granted on the requirement to file Quarterly Progress Report (QPR), SOFTEX forms (to be filed by IT/ITES units), Annual Performance Reports (APR) by SEZ units, etc. The Ministry of Home Affairs has ordered that visas and e-visas of foreigners stranded in India due to the travel restrictions (which have expired or would be expire during the lockdown till 30 April 2020) would be extended till 30 April 2020 on ‘gratis’. For this, the foreign nationals would need to make an online application to avail the visa-extension. The Ministry of Corporate Affairs has clarified that contribution made only to ‘PM CARES Fund’ and not the Chief Minister’s Relief Fund or State Relief Fund for COVID-19, shall qualify as CSR activity (given that the latter is not included in Schedule VII of the Companies Act, 2013). |
Indonesia |
The president has issued Decree No. 12 of 2020, declaring the spread of COVID-19 a national disaster. In addition, under the Presidential Decree, governors, regents and mayors when determining policies for their respective regions must pay attention to the central government’s policies. The Minister of Industry has issued Circular Letter No. 7 of 2020, to provide guidelines for submitting applications for licenses for industrial activities during the public health emergency. The Circular Letter states among other things that industrial companies and industrial estates companies may continue their business activities if they hold a license for operational and industrial activities mobility (izin operasional dan mobilitas kegiatan industri) such as for the operation of factories and offices, after submitting an online application to the Ministry of Industry’s official website (siinas.kemenperin.go.id). The license in the form of a Written Statement for operational and industrial mobility will remain effective for as long as the public health emergency due to COVID-19 continues. |
Malaysia |
Status of approvals to operate granted in Phases 1 and 2 of the Movement Control Order (MCO). The Ministry of International Trade and Industry (MITI) has announced that businesses that were granted approvals to operate on-site during Phases 1 and/or 2 of the MCO would be able to continue operating in Phase 3 without having to submit a fresh application. However, MITI encouraged the businesses to submit a new application if they wish to obtain the approval letter in the new format. The new format contains a QR code which makes it easier for the authorities to check the details of the business if needed. |
South Africa |
The lockdown in South Africa has been extended from what was initially a 21-day period, to a 5 week period. The lockdown is now scheduled to end on 30 April 2020 (as opposed to the original 16 April deadline). A notice has been issued by the Department of Employment and Labour (DEL) under which the Department has prescribed an increase in the maximum amount of earnings on which an assessment of an employer shall be calculated for the purposes of the Compensation for Occupational Injuries and Diseases Act, 1993. The amount of ZAR484 200.00 per annum was announced in the Government Gazette and will be with effect from 1 March 2020. The Unemployment Insurance Fund has announced in a statement that it will relax its usual processes in order to minimize the necessity for physical contact during the national lockdown. New claim applications can be sent via email or fax. This procedure will only be implemented during the lockdown period. In terms of section 57(1) of the Compensation for Occupational Injuries and Diseases Act, 1993 the DEL has invited comments from the public on the Minister's intention to increase monthly pensions with regards to accidents which occurred before 31 March 2020 as well as occupational diseases which were diagnosed before 21 March 2020. The increase of 4.6% is intended to take place with retrospective effect from 1 April 2020. Those wanting to comment have 60 days from the publishing of the Notice in which to do so. The Financial Sector Conduct Authority has issued a Directive which relates to the performance of essential services in the financial sector. The Directive states that the head of any financial institution whose employees are classified as essential service workers in terms of the Disaster Management Act must, among other things, limit the number of employees working onsite to as few as possible; take precautionary measures to reduce their employees’ risk of exposure to the COVID-19 virus; and establish protocols for temperature screening of anyone entering the business’s premises. A workplace coordinator must be appointed by financial sector employers who will be responsible for issues related to COVID-19’s impact on the workplace and responding to authorities who request information. The Directive will remain in force for the duration of the lockdown. |
Taiwan |
The Ministry of Labor announced a part-time working program for workers who are adversely affected by COVID-19, such as those who were let go, furloughed or have had their working hours reduced. Under the program, they can apply for up to 80 hours of work per month at the hourly minimum wage of NT$158 for a maximum of NT$12,640 per month. Applications are accepted at employment service institutions. Workers who earn less than the minimum wage of NT$23,800 are eligible. They must additionally have been insured under Taiwan's labor insurance or employment insurance programs for at least 2 months within the past 6 months. The Ministry of Finance has announced a general extension for filing taxes. The new deadline is 30 June 2020. This applies to both individuals and businesses. Additionally, if the taxpayer, their representative or appointed CPA responsible for filing taxes is in isolation or under quarantine on 30 June, they can apply for an additional 20 day filing extension. Note that businesses and individuals who are adversely affected by COVID-19 can apply for up to 12 months deferral on tax payments or pay their taxes in 36 monthly instalments. The CECC (Center for Disease Control) announced that starting 15 April, facemasks for children will also be available through the online ordering system. The CECC also announced amendments to home quarantine requirements for travellers returning to Taiwan. Inbound travellers will now be asked about their home quarantine living situation in order to determine if they live with at-risk individuals, such as elderly family members or persons with underlying conditions. In this case, travellers may be asked to instead stay at subsidized quarantine hotels in order to minimize the risk for those they are living with. Fines of up to NT$ 150,000 may be imposed for the provision of false information. |
UAE |
As per an update from the Abu Dhabi Department of Economic Development on Monday 13 April, Abu Dhabi has placed restrictions on travel for workers as part of the measures to tackle the spread of Covid-19. Companies must limit employee travel to within the emirate and workers will also not be allowed to enter Abu Dhabi from other emirates. The Ministry of Human Resources and Emiratisation (MOHRE) has announced that it is reviewing labour relations with countries refusing to cooperate with evacuation measures undertaken by the UAE to repatriate private sector expatriate employees. As per an update on WAM (the official news portal of the UAE) the measures being considered include the halting of any memoranda of understanding between MOHRE and the concerned authorities of non-cooperative countries, as well as the introduction of restrictions or quotas on future recruitment. |
US |
The U.S. Department of Labor’s Employment and Training Administration (ETA) published Unemployment Insurance Program Letter (UIPL) 17-20, which provides further guidance to states as they implement the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Emergency Unemployment Compensation (PEUC) program. The US Department of Labor’s Occupational Safety and Health Administration (OSHA) issued interim guidance for enforcing OSHA’s recordkeeping requirements (29 CFR Part 1904) as it relates to recording cases of COVID-19. Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if the case: 1) Is confirmed as a COVID-19 illness; 2) Is work-related as defined by 29 CFR 1904.5; and 3) Involves one or more of the general recording criteria in 29 CFR 1904.7, such as medical treatment beyond first aid or days away from work. The guidance notes that in areas where there is ongoing community transmission, employers other than those in the healthcare industry, emergency response organizations (e.g., emergency medical, firefighting and law enforcement services), and correctional institutions may have difficulty making determinations about whether workers who contracted COVID-19 did so due to exposures at work. Accordingly, the guidance provides that OSHA will not enforce its recordkeeping requirements to require these employers to make work-relatedness determinations for COVID-19 cases, except where: (1) There is objective evidence that a COVID-19 case may be work-related; and (2) The evidence was reasonably available to the employer. Employers of workers in the healthcare industry, emergency response organizations and correctional institutions must continue to make work-relatedness determinations pursuant to 29 CFR Part 1904. Earlier this month, the DOL released temporary regulations providing guidance on the newly enacted Family First Coronavirus Response Act (FFCRA). Read our alert here. |
April 9 Update |
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Canada |
The Federal government announced the following changes to the Canada Summer Jobs Programs:
New Brunswick: Employers in New Brunswick whose businesses have been impacted by COVID-19 can now apply to the provincial government for loans for working capital. The new loans are to support New Brunswick-based companies. A total of $50 million has been allocated for two distinct loan programs for working capital. Newfoundland and Labrador: The Labour Standards Act has been amended to provide for a Communicable Disease Emergency Leave, entitling employees to a leave of absence from employment without pay for an unspecified period of time where the employee will not be performing the duties of his or her position because of one or more prescribed reasons related to a designated communicable disease, such as COVID-19. |
China |
The PRC State Council has published a Code on How to Deal with Asymptomatic Infected Cases. Asymptomatic infected individuals are those who:
Since asymptomatic infected individuals can pass on the virus, the government requires medical institutes and every level of authority to strengthen the monitoring of asymptomatic cases through COVID-19 testing for:
In addition, the medical institutes shall report within two hours via the internet to the government after discovering any asymptomatic infected individual. County-level disease prevention and control authorities should complete investigations into each case within 24 hours, record close contacts and submit investigation report of the case via infectious disease report information management system. |
Hong Kong |
On 8 April 2020, the Hong Kong government announced a HK$137.5 billion package of relief measures to tackle the COVID-19 outbreak. This includes an HK$80 billion Employment Support Scheme to encourage employers to retain staff through the provision of a wage subsidy of up to 50% of the employee's (capped) monthly salary, which is expected to benefit 1.5 million employees, as well as one-off grants for the hardest hit sectors. |
Hungary |
The government has announced its economic crisis management plan which includes the followings:
The detailed regulation of each point of the crisis management plan is expected to be issued in the following days. The following new regulations are applicable as of 9 April:
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India |
The Supreme Court of India, in a recent judgment relating to COVID-19, has remarked that “Disobedience to an order promulgated by a public servant would result in punishment under Section 188 of the Indian Penal Code. An advisory which is in the nature of an order made by the public authorities attracts Section 188 of the Indian Penal Code. We trust and expect that all concerned, viz. governments, public authorities and citizens will faithfully comply with the directives, advisories and orders issued by the Union of India in letter and spirit in the interest of public safety.” Therefore, the Supreme Court is taking a view that the advisories should also be read as a mandatory orders. Based on this, all the Central and State government advisories till date (in relation to reduction of salaries, paid leaves, non-removal of workmen from employment, etc.) would be deemed mandatory by the authorities. The Karnataka Government ordered on 31 March 2020 an extension of the directions/orders issued by it on 23 March 2020 which, amongst other things, advised employers to not terminate any worker due to the lockdown and also sanction paid leave for the period of closure. |
Indonesia |
On 8 April, the Governor of West Java proposed to the Minister of Health (MOH) to declare Large Scale Social Restrictions in the five municipalities of Bogor city and region, Bekasi city and region and Depok city. The MOH should make the decision on whether to approve the proposal or not within the next two days. |
Italy |
On 8 April, the Italian Government issued the Law Decree no. 23, which among other things deals with measures for employers who suspend or reduce their activities due to Covid-19. The key change to note is that the ability to benefit from the Ordinary Wages Guarantee Fund (“Cassa Integrazione Ordinaria – CIGO”), Ordinary Allowance (“Assegno Ordinario”) and Exceptional Ordinary Wages Guarantee Fund (“Cassa Integrazione in deroga”) has been extended to employees hired after 23 February up to 17 March 2020. |
Poland |
On 31 March, the Polish Parliament enacted a package of “anti-crisis shield” special acts introducing measures aimed at counteracting the adverse economic consequences of the pandemic, including subsidies for employers (see 3 April update, below). According to the latest interpretation of the rules for granting subsidies from the Labour Office in Warsaw, branches of foreign companies in Poland are not eligible to apply for the subsidies to mitigate the impact of the coronavirus crisis. Having said that, this is a very controversial interpretation of the rules, the statement has no binding force, the final wording of the anti-crisis package is still under the review by the Polish government and this interpretation has not been confirmed by the Polish government. So for the time being, we recommend that foreign companies continue to try and apply for the subsidy. |
Spain |
The April 7 edition of the Spanish Official State Gazette, published Royal Decree Law 13/2020 of April 7, temporarily allows agricultural activity to be made compatible with subsidies and unemployment benefits and considers periods of isolation, infection or restrictions on leaving the municipality due to the COVID-19 as a situation comparable to an accident at work. Temporary contracts in the agricultural sector:
Situation comparable to an accident at work due to confinement:
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Taiwan |
The Ministry of Transport and Communication outlined domestic travel guidelines including limiting public venues to around 50% of their regular maximum capacity and disinfection requirements. These guidelines are expected to be officially declared in the upcoming days. The Central Epidemic Command Center (CECC) announced that all drinking hotels (a specific kind of bar where you rent a room) and dance halls will be closed due to the pandemic. For now, closures will be limited to these two specific types, however further venue types may be added in the future. The CECC also announced further rules regarding home quarantine. Effective immediately, individuals who gather at the home of somebody who is under quarantine will be subject to fines of up to NT$ 200,000. In case of such a gathering, the person under quarantine will be subject to fines of up to NT$ 300,000. |
Turkey |
A new law is expected to be introduced by the Turkish Parliament in the coming days to address measures to maintain employment relationships during the crisis, including restricting unilateral termination of employment contracts by the employer for at least 3 months, unless there is a just cause under Turkish Labour Law (e.g., immoral, dishonourable or malicious conduct or similar behaviour). Instead of termination, employers will be entitled to ask employees to take unpaid leave during the period during which termination is restricted, which currently requires employee’s consent. Employees who are forced to take unpaid leave, as well as those who have been dismissed since 15 March 2020 and are not entitled to benefit from unemployment allowance, would receive a daily allowance of TRY 39.24 during this period. This allowance will be paid from the state-owned unemployment insurance fund. When the new law is approved, the restriction is expected to continue for a term of three months, extendable to six months by the President- starting from its effective date. |
US |
On April 9, 2020, the EEOC posted an updated and expanded technical assistance publication addressing questions arising under federal equal opportunity laws related to the COVID-19 pandemic. The publication, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" expands on a previous publication that focused on the ADA and Rehabilitation Act, and adds questions-and-answers to respond to common inquiries. On April 9, 2020, the Federal Reserve announced the terms of both expanded and new "Main Street" lending facilities to enhance support for small and mid-sized businesses that were in good financial standing before the crisis by offering 4-year loans to companies employing up to 10,000 workers or with revenues of less than $2.5 billion. See the Federal Reserve press release for more details and term sheets. The CDC recently issued new Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19. The guidance provides that, to ensure continuity of operations of essential functions, critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented. These include pre-screening, regular monitoring, wearing a mask, social distancing, and disinfecting and cleaning work spaces. The guidance also outlines other considerations (e.g., employees should not share headsets or other objects near the mouth or nose) and what to do if the employee becomes sick during the day. |
April 8 Update |
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Australia |
Pandemic Leave and Annual Leave Changes to Awards come in to Operation: The Fair Work Commission has determined to temporarily amend 99 modern awards to provide an entitlement to unpaid ‘pandemic leave’ and flexibility to take annual leave at half pay. These variations will be in force between 8 April 2020 and 30 June 2020, and will take effect in relation to a particular employee from the start of that employee’s first full pay period that starts on or after 8 April 2020. Employees covered by any one of the 99 modern awards will be entitled to take up to 2 weeks’ unpaid leave (pandemic leave) if the employee is required to self-isolate and is therefore prevented from working or the employee is unable to work due to measures taken by government or medical authorities in response to the COVID-19 pandemic. An employer and employee may agree that employee can take to take up to twice as much annual leave at half the rate of pay. The agreement must be recorded in writing and retained. The rate of pay must include any leave loading and the period of any leave taken in these circumstances is to be taken as normal service for the purposes of service related benefits. JobKeeper Legislation Passed: The Australian Parliament will today pass legislation giving the Commissioner of Taxation the ability to implement JobKeeper (wage subsidy) payment rules. These rules have not been released yet. The amendments will require that employers who qualify for the JobKeeper scheme and are entitled to a JobKeeper payment in relation to an employee must ensure that the “wage condition” (not yet specified) is satisfied and ensure that the employee receives the minimum payment of $1,500 per fortnight (or the amount payable to the employee for work performed in that fortnight where that amount is greater), before tax. Changes to Fair Work Act: The Federal Government has passed short-term amendments to the Fair Work Act 2009 (Cth) to give effect to the JobKeeper wage subsidy scheme announced on 30 March 2020 and provide employers who have qualified for this scheme with greater flexibility in dealing with issues arising in relation to the Covid-19 pandemic. An employer who qualifies for the JobKeeper Scheme will be authorised to take the following actions in relation to eligible employees:
There are procedural requirements, including the provision of at least three days’ notice and consultation obligations, that must be satisfied prior to such a direction being given. The employer can also request that an employee work altered hours, request that an employee take annual leave (which an employee cannot unreasonably refuse) and agree that an employee taken annual leave at the rate of half pay. As already announced, eligible employers must also ensure that eligible employees receive a minimum payment of $1,500 per fortnight (before tax) in accordance with the JobKeeper scheme. An employer is not authorised to vary an employee’s base rate of pay for hours worked under these amendments. While the exact details relating to eligibility criteria are yet to be confirmed, guidance issued to date indicates that an employer will be eligible where it has experienced (or will experience) a decrease in turnover of 30% for businesses with an annual turnover of less than $1 billion, or 50% for businesses with an annual turnover of more than $ 1 billion. These amendments (including the arrangements made in accordance with these amendments) will cease to have effect from 28 September 2020. |
Bahrain |
Effective 19.00 Thursday, 9 April, additional COVID-19 precautionary measure have been announced, which include the option for non-essential businesses in both the retail and industrial sectors are allowed to resume work and provide goods and services directly to customers, provided certain conditions are met, including:
An English version of the announcement, with full details of the new measures is here. The Ministry of Labour and Social Development in Bahrain (in collaboration with the Social Insurance Organization (SIO)) have launched an electronic registration portal for employers in the private sector, to allow employers to register their Bahraini employees banking details, following the Government of Bahrain’s initiative to pay the salaries of Bahrainis for a period of three months (i.e. April, May and June 2020) according to the maximum salary stipulated in the Social Insurance Law. The SIO have issued a detailed step-by-step guidance for accessing the Portal, available here. |
Canada |
The federal government released more details about its proposed 75% Emergency Wage Subsidy Program:
The proposed 75% Emergency Wage Subsidy Program remains subject to debate and approval by Parliament. We will continue to provide updates on the proposed 75% Emergency Wage Subsidy Program. The federal government also introduced measures concerning ferries and commercial passenger vessels that, among other things:
New Brunswick: WorkSafeNB has announced that workers’ compensation assessment premiums related to employer payrolls for March, April and May will be deferred for three months without interest charges. Quebec: The Quebec government has extended the public health emergency until April 16, 2020 Saskatchewan: The Saskatchewan government has ordered the closure of various non-essential businesses, and restricted the operations of many other businesses, effective April 4, 2020 and continuing until there is no longer a public health threat. |
Hong Kong |
Closure of premises: During a period of 14 days from 10 April 2020 to 23 April 2020, the following premises have been ordered to close:
The government will introduce a HK$137.5 billion relief package, of which HK$80 billion will be ringfenced to fund a wage scheme for coronavirus-hit industries. The government has not yet issued a formal press release but the following details have been reported in local media:
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Hungary |
The following new regulations are applicable as of 8 April: The Hungarian National Bank has announced that it will provide resources in the amount of HUF 3,000 billion (ca. EUR 8 billion) to protect the financial system, including the following:
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India |
The Industries Department in Chennai has ordered that following industries: steel, refineries, cement, chemicals, fertilizers, textiles (excluding garmenting), sugar mills, glass, foundries, tanneries, paper, tyre, and common affluent treatment plants, shall remain operational during the period of lockdown. Further, the skeletal staff for essential maintenance of all closed industrial units are also permitted to operate during the lockdown. The High Court of Telangana has extended the lockdown for the functioning of the High Court and District Courts till 30 April 2020. It is clarified that at the High Court level, only extreme urgent matters namely bail applications, stay application, fresh admissions such as PILs will be taken up, and at the District Courts level, extremely urgent criminal and civil matters such as bail applications, remand, extension of remand, interim injunctions etc will be entertained. |
Indonesia |
Following the publication of Circular Letter of the Minister of Health on the Implementation of Large Scale Social Restrictions (LSSR) in the Jakarta area, the Governor of Jakarta, through his press conference, has officially announced that the LSSR in Jakarta area will apply effective from 10 April 2020 for 14 days and is extendable. No written policy has been issued with regard to this matter. The Minister of Industry issued Circular Letter No. 4 of 2020, which allows industrial or industrial estate companies to continue their business activities under several conditions, including among others the following:
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Ireland |
Restrictions on public movement: The Health Act 1947 (Section 31A-Temporary Restrictions) (COVID-19) Regulations grant the Gardaí powers to enforce restrictions on public movement. People may not leave their residences without a “reasonable excuse”. A person who refuses to comply with an instruction of a garda who is imposing social distancing rules will be guilty of an offence which may lead to imprisonment for up to 6 months. The Regulations come into effect on 8 April and will remain in operation until 12 April 2020. |
Malaysia |
Government wage subsidy scheme: Following the Prime Minister’s announcement of the updated government wage subsidy programme on 6 April 2020, further details have become available. Although targeted at assisting small and medium enterprises (SMEs), the programme is not strictly limited to employers that fall within the general definition of SMEs. Instead, the programme is open to all employers, with the amount of the subsidy dependent on the number of employees. The following are the latest available details:
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Netherlands |
Further details on the NOW Regulations under which employers can apply for funding for salary costs have been announced by the Dutch government. Read our updated note here. |
South Africa |
A number of benefit relief funds have been created to offer assistance to small and medium size businesses that can demonstrate that they have suffered economic harm as a result of the COVID-19 pandemic. Read more about the various schemes here. |
Spain |
Clarifications by the Public Employment Service regarding the submission of collective applications: The provincial director of the Public Employment Service (SEPE), has issued a document with clarifications on the submission of collective applications for unemployment benefits as well as a basic guide for the submission of applications. The documents are available at the following links:
The SEPE recommends that:
Finally, the SEPE provides a link with information for employers and another link with FAQ questions for employers related to the Covid-19 crisis. |
Taiwan |
The Ministry of Labour announced extended economic relief measures for self-employed and employees adversely affected by COVID-19 including up to NT$ 30,000 cash payments and low interest government backed loans for up to NT$ 100,000. These are part of the second special budget package proposed by the Executive Yuan. Legislative Yuan approval is still pending. The application term for these measures will commence within two weeks of the Legislative Yuan approving the new budget. |
US |
On April 6, 2020, the Small Business Administration (SBA) issued additional guidance concerning the implementation of the Paycheck Protection Program (PPP), established by section 1102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The FAQs address a number of employment issues, including whether the Act’s exclusion of compensation in excess of $100,000 annually applies only to cash compensation and not to non-cash benefits, whether payments to independent contractors should be included in calculations of the eligible borrower’s payroll costs, how borrowers should account for federal taxes when determining its payroll costs, and more. |
April 7 Update |
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Australia |
The Federal Government is proposing to make three key changes to the Fair Work Act, Australia’s primary labour law legislation, which are reported to have been approved by the Australian Council of Trade Unions, the peak union body and are likely to be in force for six months. These proposed changes will:
An employee’s hours can only be changed if:
Changes made under each of the three powers will be reviewable by the Fair Work Commission. These proposed changes are expected to be considered by Federal Parliament tomorrow (8 April 2020), and more detail released at that stage. The Australian Government has outlined a mandatory code that will apply to commercial tenancies. The key elements are:
In the specific States/Territories:
The Australian Taxation Office is making it easier for people to claim working-from-home expenses during the pandemic. The ATO has said it will review this new method after the financial year. |
Brazil |
The governor of the State of São Paulo has announced that quarantine period will be extended to April 22. All public services shall remain suspended and restaurants (only delivered is allowed), companies and offices shall remain closed - the exception is for essential services only (drugstores, supermarkets). The governor of the State of Rio de Janeiro extended the quarantine period until April 17. |
Canada |
Alberta: The government of Alberta has made several temporary amendments to its Employment Standards Code, including the following:
British Columbia: The government of British Columbia is offering an Emergency Benefit for Workers. The benefit will provide a one-time $1,000 payment to people who lost income because of COVID-19. B.C. residents who receive federal Employment Insurance, or the new federal Canada Emergency Response Benefit, are eligible. Applications for the one-time payment will open soon. The government of British Columbia announced that, for everyone in the province on income assistance or disability assistance who is not eligible for the emergency federal support programs, including the Canada Emergency Response Benefit, the Province will provide an automatic $300-monthly COVID-19 crisis supplement for the next three months. Nova Scotia: The state of emergency for the province of Nova Scotia has been renewed until 12:00 p.m. on Sunday, April 19, 2020. The government of Nova Scotia announced a $20 million Worker Emergency Bridge Fund to help the self-employed and those laid-off workers who do not qualify for Employment Insurance. The Nova Scotia government will provide a one-time, $1,000 payment, to bridge the gap between layoffs and closures and the federal government's Canada Emergency Response Benefit. Ontario: The government of Ontario reduced the scope of the List of Essential Workplaces that are permitted to continue operations. As such, further workplaces were required to close effective 11:59p.m. on April 4, 2020. Read more here. Prince Edward Island: The government of Prince Edward Island announced the COVID-19 Special Situations Fund, which will provide up to $1,000 to Islanders who have experienced urgent income loss as a result of COVID-19 and are not eligible for other federal and provincial funding support. Quebec: The government of Quebec announced that it is extending the closure of non-essential businesses from April 13, 2020 until May 4, 2020. Saskatchewan :The state of emergency for the province of Saskatchewan has been renewed for a further two weeks from April 1, 2020. |
Colombia |
The Colombian President, Ivan Duque, decided to extend national mandatory lockdown until April 26 at 23:59. |
Hong Kong |
The Government has announced that it is extending the entry restriction on non-Hong Kong residents and quarantine and airport transit measures until further notice. The measures took effect at midnight on March 25 and were set to end on April 7. All non-Hong Kong residents coming from overseas countries and regions by plane will be denied entry to Hong Kong; while non-Hong Kong residents coming from the Mainland, Macau and Taiwan will be denied entry if they have been to any overseas countries and regions in the past 14 days. In addition, all transit services at Hong Kong International Airport will be suspended; and all travellers coming from Macau and Taiwan, including Hong Kong and non-Hong Kong residents, will be subject to a 14-day compulsory quarantine, which is the same as the arrangements for people arriving from the Mainland. |
Indonesia |
The Minister of Health (MOH) has declared under Decree No. HK.01.07/MENKES/239/2020 that it has approved the Governor of DKI Jakarta’s proposal to implement Large Scale Social Restrictions (LSSR) in the Jakarta area for the longest incubation period and is extendable if there is still evidence of the virus spreading. The MOH’s approval letter will be formally delivered to the Governor as of today and subsequently, the Governor is authorized to issue an implementing regulation for the LSSR. The Minister for the Utilization of Civil Servants and Bureaucratic Reform has issued Circular Letter No. 41 of 2020, which, among other things, prohibits civil servants and their families travelling outside the region and returning to their hometowns and urges those in their surrounding environment to do the same during the Ed-al Fitr Holidays or any other events which involves travelling outside of the region, until Indonesia is declared COVID-19 free. No prohibition is regulated for employees of private entities. The Head of the Capital Investment Coordinating Board (Badan Koordinasi Penanaman Modal – BKPM) has issued Decree No. 86 of 2020, on easing business licensing in certain business sectors (ie the medical device industry and the pharmaceutical industry) in relation to the handling of the Covid-19 outbreak including:
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Japan |
In response to the announcement of the state of emergency that will be effective midnight April 8, the Tokyo governor has provided an overview of the emergency measure that will apply across the city. With respect to restricting the movement of people, the following measures have been announced:
However, a more detailed categorization is currently the subject of consultation with the Japanese government, so the categories may change. |
Mauritius |
In an attempt to curb the spread of COVID-19 in Mauritius, the government has extended the sanitary curfew until 15 April 2020. This note addresses some common questions during this challenging situation. |
Mexico |
Further clarification of the scope of essential services: On the afternoon of Monday 6 April 2020, the Ministry of Health published, in the Federal Official Gazette, technical guidelines to clarify certain activities considered as essential under the decree dated 31 March 2020, pursuant to which non-essential services were suspended. The scope of the following activities were clarified:
Likewise, coal distribution companies must maintain their transport and logistics activities in order to satisfy the demand of the Federal Electricity Commission, employing a minimum number of workers for this purpose. |
Philippines |
The enhanced community quarantine (ECQ) in force in the whole of Luzon, Philippines has been extended until April 30. Non-essential businesses have to remain closed. Public transportation is still suspended. |
Spain |
The General Directorate of Employment of the Employment Ministry (Dirección General de Trabajo del Ministerio de Trabajo, Migraciones y Seguridad Social) has a issued a note in response to several questions made by CEOE (Spanish employers' organization), related to Covid-19 employment measures. |
Taiwan |
The CECC (Centre for Disease Control) is urging everyone who visited crowded areas during the holiday to conduct self-health management (measuring and recording temperature twice daily, conducting social distancing and wearing masks when social distancing is impossible). In addition to TRA, HSR and intercity buses, local transportation companies have also started issuing face mask mandates including the Taipei MRT and bus system. Fines of up to NT$ 15,000 will be given to people who do not wear masks on public transportation. Furthermore, food services on TRA and HSR were stopped. Finally, temperature checks will slowly be implemented on local public transportation as well. The CECC announced a regulation requiring all vendors and service providers who deal with customers to wear face masks. The new regulation will be published in the next two to three days and may also require the general public to wear face masks at restaurants and at night and traditional markets. The central government announced plans to extend its economic relief package for businesses and individuals to around NT$ 1 trillion. COVID-19 government assistance for adversely affected, disadvantaged seniors and children will be extended with beneficiaries expected to receive NT$ 4,500 before the end of the month without the need for an application. The target group was also extended to include certain low and middle-income households not previously covered. The CECC is recommending businesses who are unable to adhere to the social distancing guidelines to temporarily close. Currently, the social distancing guidelines are in phase one of implementation, with no fines imposed on violators. Depending on how the pandemic progresses in Taiwan, such businesses may face fines if they continue to be open and are unable to adhere to social distancing guidelines. The CECC is also requiring individuals who completed 14-day home quarantine to undergo a subsequent seven day self-health management period to combat transmission by asymptomatic cases. This took effect on Sunday and applies to everybody who entered the country on or after March 19. The ban on international transit through Taiwan was extended until April 30. |
US |
Over the past week, the Small Business Administration (SBA) has issued guidance with respect to the Payroll Protection Program (PPP) that was implemented as part of the recent CARES Act. The SBA’s guidance includes information with respect to the affiliation rule for purposes of determining employer eligibility of loans, as well as other information with respect to determining benefit eligibility and forgiveness. On April 6, 2020, OSHA issued a new poster highlighting infection prevention measures every employer can implement to protect workers’ safety and health during the coronavirus pandemic. Safety measures include encouraging sick workers to stay home; establishing flexible worksites and staggered work shifts; discouraging workers from using other workers’ phones, desks and other work equipment; and using Environmental Protection Agency-approved cleaning chemicals with label claims against the coronavirus. On April 5, 2020, the Department of Labor (DOL) published Unemployment Insurance Program Letter 16-20 providing guidance to states for implementation of the Pandemic Unemployment Assistance (PUA) program. Under PUA, individuals who do not qualify for regular unemployment compensation and are unable to continue working as a result of COVID-19 (e.g., self-employed workers, independent contractors, and gig workers) are eligible for PUA benefits. This provision is contained in Section 2102 of the newly enacted CARES Act. Similarly, on April 4, the DOL published its Unemployment Insurance Guidance Letter 15-20 providing guidance to states for Federal Pandemic Unemployment Compensation (FPUC). Under FPUC, states will administer an additional $600 weekly payment to certain eligible individuals who are receiving other benefits. The US Centers for Disease Control and Prevention is now recommending that citizens should wear "non-medical, cloth masks" to help prevent the spread of the coronavirus. Previously, the CDC had recommended that only those with Covid-19 symptoms wear masks. On April 1, 2020, the DOL released temporary regulations providing guidance on the Family First Coronavirus Response Act (FFCRA). The FFCRA created two new emergency paid leave requirements in response to the COVID-19 global pandemic. The Emergency Paid Sick Leave Act (EPSLA) entitles certain employees to take up to two weeks of paid sick leave. The Emergency Family and Medical Leave Expansion Act (EFMLEA), which amends the Family and Medical Leave Act, 29 U.S.C. 2601 et seq. (FMLA), permits certain employees to take up to twelve weeks of expanded family and medical leave, ten of which are paid, for specified reasons related to COVID-19. See our alert summarizing key provisions and view DOL guidance here. |
April 6 Update |
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Australia |
The Australian Government has made changes to some temporary visas to support essential industries during the coronavirus pandemic.
In the specific States/Territories:
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Austria |
Over the weekend, the Austrian government introduced a new law with the effect that employees who are identified as part of a “special risk group” must now work from home or where this is not possible must be placed on garden leave with full payments and the employer will be reimbursed by the government. Employees belonging to this special risk group will be identified by the obligatory health insurance authority in Austria and receive a notification to this effect. With this notification, the employee must consult a doctor who then determines on a case by case basis whether or not the employee actually is exposed to a high risk at the workplace, and if so, provides the employee with a confirmation that must be presented to the employer. |
Hong Kong |
The Inland Revenue Department announced that it has extended tax deadlines. The deadlines for tax payments and submission of objections and holdover applications as well as submission of tax returns and information that fall between March 23 and May 2 have been automatically extended to May 4. The department encouraged the public to use its electronic services to handle their tax affairs or send their documents to the department by post. |
Hungary |
The following new regulations shall be applicable as of 6 April:
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India |
Gujarat: Labour and Employment department has:
West Bengal: Pursuant to the MHA Order related to migrant workers, the Government of West Bengal has ordered that all the employers, be it of industries, shops, or commercial establishments, shall make payment of wages to their workers at the workplace on the due date, without any deduction for the period their establishment are closed during the lockdown. Mumbai: Regional Provident Fund Commissioners in Mumbai (Kandivali, East) has ordered employers to make Provident Fund contributions for their employees on full wages on or before 15 April 2020. |
Indonesia |
The Governor of DKI Jakarta has issued Announcement No. 9 of 2020 on the Use of Masks to Prevent the Transmission of COVID-19. Under the Announcement, all DKI Jakarta citizens are called on to among others to always use a mask when engaging in activities or just being outside of their houses, without any exceptions, use double layered cloth masks that are washable and not buy or use medical masks and understand that these types of mask are prioritized for health workers. The Minister of Tourism and Creative Economics has issued Circular Letter No. 2 of 2020 on Follow-up Calls on the Prevention of the Spread of Covid-19 (“Circular Letter 2/2020”). Under Circular Letter 2/2020, the Minister calls on all agencies in the economic and tourism sectors to among other things do the following:
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Malaysia |
The Government announces additional RM10 billion stimulus targeted at SMEs, in addition to the RM250 billion package announced at the end of March. The highlight for employers is the increase in the wage subsidies. In the original programme, the government made available a wage subsidy of RM600 per month per employee for employers with a 50% drop in income since January 2020, up to a cap of 100 employees. The following are the changes under the expanded wage subsidy programme:
The government also encouraged landlords to provide SME tenants with rental discounts of at least 30% for the April-June 2020 period, and announced that landlords would be given tax breaks for the amount of the reductions. COVID-19 deemed to be an occupational disease: The Social Security Organisation (SOCSO) has announced that COVID-19 is deemed to be an occupational disease, as workers may be affected due to the nature of work which increases their infection risk (eg frontline healthcare workers), or may be affected because of exposure to infected persons while performing their work tasks. SOCSO therefore clarified that employees who have tested positive for COVID-19 and claim compensation from SOCSO. Employees who have been infected out of and in the course of their employment would also be covered under the Employment Injury Scheme. Additionally, individuals who have been infected from other sources and sustain permanent disablement, injury, or death, would be entitled to compensation through the Invalidity Pension Scheme. |
Netherlands |
As of 6 April 2020, it is possible for employers to apply for funding based on the NOW regulations. Read full details about the funding scheme, and how to apply, here (also mentioned in our 1 April update, below). Click here for an English version of the application questions. Our Dutch team would be happy assist you in completing your application, speak to your normal contact or email [email protected] |
Singapore |
The Singapore Multi-Ministry Taskforce announced, on 3 April 2020, elevated measures meant to act as a circuit breaker to break the increasing trend of community spread of COVID-19 in Singapore by significantly reducing the movement of, and interaction between, people in public and private places. The measures will be put in place from 7 April 2020 to 4 May 2020, and may be further extended if necessary. These measures will involve the closure of most physical workplace premises except for those providing essential services and in selected economic sectors which are critical for Singapore's local and the global supply chains. Continue reading here for the key highlights of these measures relevant to the suspension of activities at workplaces. |
South Africa |
The Information Regulator has issued a guidance note on the Protection of Personal Information Act, 2013 (POPIA). The guidance note outlines the conditions for lawful processing of personal information which public and private bodies and their operators must comply with when they process personal information, and the necessary limitations on the right to privacy in light of the need to effectively manage the spread of COVID-19 in South Africa. Although all the provisions of POPIA are not yet in effect, the Regulator is encouraging proactive compliance with POPIA. In the employment context, the guidance note provides that in the context of the COVID-19 pandemic an employer may request specific information on the health status of an employee and may compel an employee to undergo testing in order to comply with the obligation of an employer to maintain a safe working environment. |
Spain |
The Spanish Government has announced that the state of emergency will be extended until April 26. However, in principle, the restrictions on all non-essential activities are not due to be extended beyond April 9. Royal Decree-Law 11/2020 of March 31, adopted urgent additional measures in the social and economic sphere to address COVID-19 and amends Royal Decree-Law 8/2020, of March 17, to correct and adjust a few issues that were unclear in the original decree-law. The employment and labor measures introduced by Royal Decree-Law 11/2020, are as follows:
Royal Decree-Law 10/2020, establishes the obligation to take recoverable paid leave, between March 30 and April 9 2020 (inclusive), for workers providing services at public and private companies and institutions, whose activities have not been halted by the declaration of the state of emergency. Excluded from its scope of application are:
The terms of the recoverable paid leave are summarized below:
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UAE |
Early Leave scheme for expats to leave UAE: The MOHRE (Ministry of Human Resources and Emiratisation) has just introduced an initiative to enable expatriate employees to leave the UAE and return to their home countries (“Early Leave”). This Early Leave will take the form of unpaid leave, provided that the employee’s other entitlements remain in place. We understand that employers will be required to arrange for signature of a leave form available through the MOHRE website which will be temporarily added to the employee’s work contract and will specify the duration of the leave. At the moment it appears that employers will be responsible for funding a return ticket for the relevant employee(s), a copy of which the employee(s) will need to present as evidence to MOHRE. An employee’s leave will end once they are back in the UAE and all the precautionary measures and medical checks have been carried out upon their arrival. This initiative has only just been implemented and we await further guidance as to how this will work in practice. Increased movement restrictions have been introduced for employees in Dubai: Dubai has extended the nightly disinfection program to 24 hours a day from 8 pm on 4 April 2020. Residents are permitted, singly, to make a trip for essential supplies such as medicine and food but should wear gloves and masks. In Dubai this is supported by an online application for a movement permit. Employees working in certain sectors (full details here) are exempt from travel restrictions and may leave home to travel to work as required, but must retain their EID, a letter indicating the purpose of the travel and a copy of the relevant trade license which can be appended to the letter. This extension of the movement restrictions effectively prevents offices in Dubai that are running on a skeleton staff from remaining open and operating the 30% rule (20% under Dubai Economic Department guidance) unless they fall within the designated sectors and operations (the essential sectors are repeated under MOHRE legislation to alleviate the 30% rule). The movement restrictions then operate in addition to the MOHRE guidance on workplace operations and effectively close all but essential support operations for the population in Dubai. |
UK |
Immigration: The Home Office has now confirmed that the Job Retention Scheme (JRS) can apply to those sponsored under Tier 2. If a sponsored employee is placed onto the JRS, once the scheme has ended, the individual’s salary must return to the same level pre-furlough, as listed on their Certificate of Sponsorship. Job Retention Scheme: The Government has issued updated guidance on the JRS and ACAS has updated its Coronavirus advice for employers and employees. The updated guidance provides additional information and clarification which will be important for employers who are placing employees on furlough on a grant under the JRS. Read further details in our alert here. |
April 3 Update |
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Australia |
The Australian Government has expanded those able to conduct religious services over the Easter period. Places of worship are not open, but priests and others formally involved in conducting services will now be classified as essential workers. The Australian Government is developing an industry code of practice for commercial tenancies that will be mandatory under state and territory laws. The Australian Government has provided some initial clarity that the code of practice will be mandatory where a commercial tenant has a turnover of less than $50 million and they are a participant in the JobKeeper program. Local government workers are not eligible for the JobKeeper (wage subsidy) program. Any support necessary for those workers will be provided by state and territory governments. ASIC has raised concerns regarding real estate agents who are advising tenants to apply for an early release of their superannuation if they are unable to pay their rent. They have advised that financial advice must only be provided by qualified and licensed financial advisers, not by real estate agents who neither hold the requisite licence, nor are an authorised representative of an Australian Financial Services Licensee. Real estate agents face fines of up to $126,000 for individuals or $1.26m for companies. In the specific States/Territories:
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Brazil |
Provisional Measure 936/2020 was published on April 2. To maintain employment and income, guarantee continuity of business activities and soften the social impact of the crisis, the Emergency Employment and Income Maintenance Program was implemented that includes the following measures:
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Canada |
British Columbia: The government of British Columbia has passed legislation protecting individuals from liability for damages resulting from an individual becoming infected by COVID-19 as a result of the person’s operating or providing an essential service, subject to certain restrictions and limitations New Brunswick: The government of New Brunswick has extended the state of emergency in the province until April 16, 2020 Nunavut: The government of Nunavut has extended the public health emergency in the province until April 16, 2020 Saskatchewan: The government of Saskatchewan has passed a Self-isolation Support Program to provide financial assistance to employees and self-employed persons who are not eligible for direct support being provided as part of the Government of Canada’s support programs |
France |
The maximum hours of partial activity have been increased up to 1,607 hours per year instead of 1,000 until now. Applicable until 31 December 2020. |
Hungary |
The following new regulations are applicable as of 1 April:
The government is expected to issue its crisis management plan on 7 April. |
Poland |
On 31 March, the Polish Parliament enacted a package of “anti-crisis shield” special acts introducing measures aimed at counteracting the adverse economic consequences of the pandemic, including key employment measures covering:
Read the full report, covering the significant employment and other measures here. |
Portugal |
Following the renewal of the state of emergency, by Decree of the President no. 17-A / 2020, of 2 April, the Portuguese Government has approved a new set of measures to mitigate the risk of contagion and spread of the disease, through Decree no. 2-B / 2020, of April 2. In relation to employment matters:
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South Africa |
The Department of Employment and Labour has made a speech addressing employers who are not adhering to Coronavirus COVID-19 measures during the national lockdown. The Department stated that it would be conducting inspections at various businesses and businesses may be shut down if it is found that employers are not complying with the health and safety standards set out in the Occupational Health and Safety Act (OHSA) and the COVID-19 regulations. Read the speech here. |
Ukraine |
On 2 April, the Cabinet of Ministers of Ukraine adopted Resolution No 255 which introduces new measures for prevention of spread of COVID-2019 across Ukraine (some of these measures and restrictions were previously introduced by local or regional state administrations). The Resolution comes into force from the date of its publication (as of today, 3 April, this has not yet been published). The measures include the following (among others):
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US |
On April 1, 2020, the National Labor Relations Board announced that it would not extend the two-week moratorium on elections, and that elections will resume at the NLRB on April 6, 2020. The temporary suspension of board-conducted elections was ordered on March 19 in view of the “extraordinary circumstances related to the COVID-19 pandemic.” States continue to issue stay-at-home / shelter-in-place order, with new orders in Florida, Georgia and Mississippi, for example, scheduled to take effect on April 3, 2020. Our Knowledge group is tracking state and local COVID-19 orders, currently numbering over 1,400. For additional details or if you have any questions regarding federal, state or local requirements and their implications, please contact any member of the DLA Piper US Employment group, your DLA Piper relationship attorney, or email [email protected]. |
April 2 Update |
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Argentina |
On April 1, Decree 332/2020 created a Work and Production Emergency Assistance Program for employers and employees hit by the health emergency, which consists of the following benefits:
Some workers / activities are excluded from the benefits set out in this Decree including essential activities and workers. |
Australia |
The Australian Government has announced $1.6 billion in funding to provide free childcare for the next six months. Priority will be given to parents who have an essential job (anyone still working) or those in the vulnerable category. The money will be paid to the centres (50% of the childcare centre fees, plus the aforementioned JobKeeper wage subsidy). The funding will apply from 6 April and after-school care and vacation care should also be covered. The Fair Work Commission, Australia’s national workplace relations tribunal, has moved on its own initiative to introduce two weeks' unpaid "pandemic leave" for millions of award-covered workers who are required to self-isolate. It is also proposing to allow employers and award-covered employees to agree to take up to twice as much annual leave at half the rate of pay. In the specific States:
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Canada |
Canada
British Columbia
Ontario
Quebec
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EU wide |
The European Commission has set out a measure for temporary Support to mitigate Unemployment Risks in an Emergency (SURE), designed to help protect jobs and workers affected by the coronavirus pandemic. The EU measure is designed to provide financial assistance, in the form of loans from the EU to Member States, of up to EUR 100 billion in total. These loans will help Member States address sudden increases in public expenditure to preserve employment by covering the costs directly related to the creation or extension of national short-time work schemes, and other similar measures in place for the self-employed as a response to the current coronavirus pandemic. Following a request by a Member State for financial assistance, the Commission would consult the Member State to verify the extent of the increase in public expenditure that is directly related to the creation or extension of short-time work schemes and similar measures for self-employed. This consultation will help the Commission to properly evaluate the terms of the loan, including the amount, the maximum average maturity, pricing, and the technical modalities for implementation. On the basis of the consultation, the Commission would present a proposal for a decision to the Council to provide financial assistance. Once approved, the financial assistance will take the form of a loan from the European Union to the Member State requesting support. The Commission's proposal for a SURE instrument will need to be approved by the European Council of Ministers. This measure will be temporary, its duration and scope limited to tackling the consequences of the coronavirus pandemic. |
France |
A new raft of executive orders dated 1 April 2020 has been published today:
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Hungary |
The following new regulations are applicable as of 2 April:
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India |
The Home Secretary has requested all states and union territories to strictly implement the MHA order and allow only the exempted services (as mentioned in the MHA guidelines - see earlier updates, below) to operate during the period of lockdown. Pursuant to the MHA order related to exodus of migrant workers, the Revenue & Disaster Management Department in Chennai has ordered inter-alia that, all employers of industries as well as shops and commercial establishments shall make payment of wages (without any deduction) to their workers at the workplace, for the period their establishment are under closure during the lockdown. |
Indonesia |
The Minister of Law and Human Rights has issued Regulation No.11 of 2020 on Temporary Restrictions on Foreigners Entering the Territory of the Republic of Indonesia (MOLHR Reg 11/2020). MOLHR Reg 11/2020 temporarily prohibits foreigners from entering or transiting through Indonesian territory. The prohibition does not apply to:
The above foreigners may enter Indonesia if they satisfy the following requirements:
Foreigners who hold a Visit Permit that has expired and cannot be extended, are granted an emergency Stay Permit automatically without submitting an application to the Immigration office. Meanwhile foreigners who hold a Limited Stay Permit or Permanent Stay Permit that has expired and cannot be extended, are being granted an emergency Stay Permit automatically without submitting an application to the Immigration office. |
Malaysia |
The Prevention and Control of Infectious Diseases (Measures Within Infected Local Areas)(No. 2) Regulations 2020 have been gazetted. These Regulations will have effect during the extended MCO period from 1-14 April 2020. One major change from the initial MCO period is that during the extended MCO period any movement is limited to a radius of 10 kilometres from a person’s residence. Movements for the performance of official duties or in relation to essential services are exempted, but the employer must provide an authorisation letter. The definition of “essential” services has also been updated to the following services (including activities and processes in the supply chain of such services):
Mandatory quarantine at government facilities from 3 April From 3 April 2020, all entrants to Malaysia (including citizens, foreigners with long-term visas, and diplomats and diplomatic and consular staff) at all entry-points will be sent to designated government quarantine centres for a mandatory 14-day quarantine. |
New Zealand |
New Zealand has just completed week 1 of a 4 week (extendable) lockdown under Alert Level 4.
The Wage Subsidy - see below - was modified on 27 March to include the previously distinct Leave Scheme. The criteria now requires that businesses must retain employees who are named in the application for the Wage Subsidy for the period of the Subsidy.
The Wage Subsidy is to support businesses that face laying off staff or reducing hours because of COVID-19. Employers who claim the Wage Subsidy will have their details published. To qualify for the wage subsidy:
The COVID-19 Wage Subsidy will be paid at a flat rate of:
This will be paid as a lump sum and covers 12 weeks per employee. This means NZ$7,029.60 for a full-time employee and NZ$4,200 for a part time employee. Businesses accessing the Wage Subsidy scheme must undertake 'best endeavours' to pay employees 80% of their pre-Covid-19 incomes, and the subsidy can assist with this. The subsidy is for wages only and at least the full amount of the subsidy is to be passed on to employees. It is to help keep staff employed while you are considering changes the business may need to make while the disruption continues, and to ensure future viability of the business. The original proposal capped the maximum payment to an employer at NZ$150,000 but that cap has now been removed. The $6.25 billion Business Finance Guarantee Scheme was launched on 2 April, providing loans of up to $500,000 for businesses with annual revenues between $250,000 and $80 million, for up to three years – 80% guaranteed by the Government. |
Singapore |
The Singapore Government implemented the Infectious Diseases (Workplace Measures to Prevent Spread of COVID-19) Regulations 2020 on 1 April. The Regulations mandate that from 2 April 2020 to 30 April 2020 (inclusive) employers must:
unless it is not reasonably practicable to do so. The Regulations also include strict obligations on employers in relation to workers who attend a workplace, including obligations in terms of social distancing, managing employees and visitors with symptoms, temperature checks, ventilation of the workplace and maintaining contact details of all who enter the workplace to enable contact tracing to take place, among other things. Any person who contravenes the requirements may be subject to a penalty on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. We recommend that employers immediately implement the measures set out above to minimize any risks of penalties being imposed, particularly given that the Ministry of Manpower may also issue stop work orders in the event of any non-compliance. |
Ukraine |
On the night of 1 April, the Ukrainian President signed Law 3275, which introduces the following key measures related to employment issues:
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US |
The Families First Coronavirus Response Act (the “FFCRA”) takes effect on April 1, 2020. The Act generally requires employers with fewer than 500 employees to provide all employees, regardless of their tenure with the company, with 10 days of paid sick leave if an employee is “unable to work (or telework)” due to enumerated COVID-19-related reasons. Read our alert here for more details about employee entitlements, rate of compensation, posting requirements, COVID-related paid FMLA leave to care for a child, and available employer payroll tax credits. You can find further guidance and materials issued by the Department of Labor at https://www.dol.gov/agencies/whd/pandemic/. Finally, on April 1, 2020, the US Department of Labor announced a temporary rule issuing regulations pursuant to the FFCRA. On March 27, 2020, President Trump signed the Public Law 116-136, Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which is likely to provide significant relief to small businesses by authorizing up to $349 billion toward job retention and certain other expenses. The legislation will offer new small business assistance loans through the Paycheck Protection Program, provide for modifications to the SBA 7(a) loan program and support grants to organizations assisting small businesses affected by COVID-19. Read more about the Act or view / register for webinars by visiting our Coronavirus Resource Center. Numerous jurisdictions and governmental/judicial agencies have issued thousands of laws, orders, regulations and guidance related to COVID-19, including stay-at-home / shelter in place directives and information regarding operations of state and federal courts, and these numbers are growing daily. The firm’s Knowledge Department has created a state and local COVID-19 resource site which includes a database covering all 50 states plus DC and Puerto Rico and over 1,400 different orders. The database is sortable by state, information type, topic, sector and date. For additional details or if you have any questions regarding these new requirements and their implications, please contact any member of the DLA Piper US Employment group, your DLA Piper relationship attorney, or email [email protected]. |
April 1 Update |
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Argentina |
Argentina is under mandatory lockdown and isolation as of March 20. On March 29, lockdown was extended to April 11. Individuals must now remain in their houses. During the mandatory isolation period, employees are exempted from attending their workplace, except for the activities considered essential (full list here). The Security Ministry has been instructed to ensure that people who continue to work comply with the distance and isolation measures issued, and it has also been empowered to refrain and give notice to the corresponding authorities in accordance with sections 205, 239 and related of the Criminal Code. Crowded events are banned. Non-essential activities or business shall close their doors until the mandatory isolation period is over. The Labor, Employment and Social Security Ministry has issued guidelines to ensure proper implementation of the isolation and social distancing program, as follows:
With respect to workers unable to perform tasks during isolation, employers shall not withhold, contribute or pay contributions, except for:
Tax authorities (AFIP) shall provide the necessary measures to verify the correct implementation of this provision.
On March 31, the National Government banned wrongful and lack of work dismissals for a 60-day period. Also, employee suspensions based on force majeure reasons or lack or reduction of work have been banned for 60 days. Bear in mind that any dismissal or suspension violating dispositions herein will be null. Given that public circulation is restricted, employees can only attend to their workplaces with an authorization issued by the National Government only for those individuals excluded from mandatory isolation (Decree No. 320/2020).
Accordingly, travel restrictions have been set out for a 15-day period. |
Australia |
The Government has taken further action to stop hoarding and profiteering of essential goods. This enables the Australian Border Force to require that goods already in their custody be surrendered for provision to the National Medical Stockpile, or destruction if the goods are defective. The Government has also determined a requirement that stops price gouging, by preventing people who have purchased essential goods at retail to on-sell them at extortionate prices, which is set at 120% of the price for which they were purchased. The Government has also created a $170m support package for freight exporters. Under the deal the government will fly the freight out of Australia and fly medical equipment back in to Australia. The support package includes $110 million to coordinate flights from Melbourne, Sydney, Brisbane and Perth to deliver fresh produce to China, Japan, Hong Kong, Singapore and the United Arab Emirates. States have introduced tougher restrictions on the movement of people.
The Australian Securities Exchange has released a listings compliance update in the wake of the COVID-19 crisis, suggesting that all listed entities should update or withdraw earnings guidance where necessary. |
Canada |
Manitoba
Ontario
Quebec
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Chile |
On 31 March, the Congress approved a bill to protect employee's jobs. This bill is expected to be enacted immediately by the Government. This law authorizes the following regime:
The regime in 1. and 2. will be applicable for 6 months after the enactment of the law and 3. for a maximum term of 5 months. The bill on telework (Law 21,220) comes into force today. For more details, see the 31 March update for Chile, below. |
Colombia |
The government has issued new rules on entitlement to employment benefits for employees whose income has been reduced / employment terminated as a result of the pandemic. Decree 488 of 2020 sets out the general rules for these benefits (Spanish). External Circular 13 sets out the withdrawal of annual severance (Spanish). Resolution 853 sets out the rules for unemployment protection benefit (Spanish). |
EU wide | The European Commission announced today that it has developed a concept of short-time work to help companies keep their workers and allow them to go back to full work as soon as the lockdown is over. This initiative is intended to help the countries the most hit by the pandemic. More details are expected on Thursday, 2 April. |
Germany |
Around 500,000 companies have applied for short time work in March: 20 times more in the record month during the financial crisis in 2008. On April 1, the Federal Ministry of Economics announced a new package of measures to support start-ups in the corona crisis. The package of measures will include in particular the following elements, which will be implemented gradually:
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Hong Kong |
All beauty parlours, clubhouses, nightclubs karaoke, mahjong tin-kau and karaoke establishments are temporarily closed for 14 days from 6pm on 1 April. Retail: The government will verify the details of businesses applying for the Retail Sector Subsidy Scheme under the Anti-epidemic Fund. Applicants’ businesses should also have commenced before January 1. It will examine the business registration certificates and other supporting documents submitted by the applicants, including a recent photograph of the shopfront, a rental receipt and a water or electricity bill to consider whether an application is eligible. It will not make a decision solely based on the nature of business, as stated in the business registration certificate. Additionally, the Government will verify the business registration information submitted by the applicants with the administrative records from the Business Registration Office. Construction: The anti-epidemic fund broadens its scope to support the construction industry, allowing workers in the industry and related companies to receive subsidies under the influence of the epidemic to meet the additional costs of strengthening epidemic prevention equipment. Under the new arrangement, minor works outside the construction site, such as decoration, repair and maintenance, and for a specified period of time as registered construction workers under the Construction Workers Registration Ordinance, and companies under professional societies or associations Small and medium engineering consulting companies on the membership list are covered. Eligible workers will receive $1,000 each, while qualified consultants will receive $ 20,000 each. The new arrangement is expected to benefit about 240,000 additional construction workers and about 400 small and medium-sized consultants. The implementation details will be announced shortly. |
Hungary |
The following new regulations are applicable as of 1 April:
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India |
Due to COVID-19 and the lockdown order, many migrant workers have been returning to their homes in different cities / States. This was resulting in overcrowding of bus terminals, railway stations, etc. To mitigate the risk of disease transmission, the MHA (Ministry of Home Affairs) has issued an advisory to the district administration on the manner of handling quarantine of migrant workers who are at different stages of their travel back home. The Ministry of Tourism has launched an online portal to support the foreign tourists stranded in India due to the COVID-19 outbreak. The portal can be accessed here- http://strandedinindia.com/. Haryana: The Chief Minister of Haryana has requested all industrialists & entrepreneurs of the state to not retrench or remove any employee for their absence during the period of lockdown, and give them 15 days of salary/wages in advance to take care of their daily needs. Bangalore: Under the lockdown ordered by the MHA (until 14 April 2020), the Police Department in Bangalore has ordered all ‘commercial and private establishments’ and industrial establishments to be closed down till 14 April 2020. However, some exceptions are provided for essential services, which includes inter-alia- ration shops; banks, insurance offices and ATM’s etc; print and electronic media, telecommunications, internet services, broadcasting and cable services, IT/ITES services (which are required only for essential services), manufacturing units of essential commodities (such as, medical equipment, pharmaceuticals and the like), production units which require a continuous services (subject to State government approval), etc. Ahmedabad: Under the MHA order, the authorities in Ahmedabad have further extended the lockdown and ordered the closure of all public places till 14 April 2020. |
Indonesia |
The Indonesian Government has issued Government Regulation No. 21 of 2020 on Large Scale Social Restrictions in Order to Accelerate the Handling of COVID-19 (“GR 21/2020”). Large Scale Social Restrictions are defined as restrictions on certain activities to prevent the further spread of COVID-19, including :
The enforcement of large scale social restrictions should be recommended by the governor/regent/mayor and determined by the Minister of Health, while taking into account the considerations of the Head of the Task Force for the Acceleration of COVID-19 Management. The Government has also issued Presidential Regulation No.11 of 2020 on the Declaration of a Public Health Emergency due to COVID-19, which among others declares the following:
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Malaysia |
Under the Movement Control Order (MCO), the following employment measures have been announced:
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Mexico |
The Decree announcing the state of emergency sets out the following:
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Morocco |
The Moroccan entity in charge of social security (CNSS) has issued today a press release to inform employers about the deadline for registration of employees, who are temporarily not working, on the portal covid19.cnss.ma, which is: 3 April 2020 at 23:59. Registration is necessary to permit employees to benefit from compensation relating to March 2020. Registration of employees who are temporarily not working relating to April will begin on 10 April 2020. |
Netherlands |
On 31 March, the Dutch government published details of the new regulations on short-time working (‘NOW-regulations’), through which employers who experience a loss in turnover of at least 20% during a consecutive period of 3 months in the period from 1 March to 31 July 2020, may receive government funding for their salary costs. If there is a loss of turnover during that period, employers will receive government funding for up to 90% of their salary costs over 1 March to 31 May 2020 (up to a maximum amount, see below). Before 1 June 2020, the Dutch government will decide on the possibility to request a 3-month extension of the government funding. Specific details have not been published yet. |
Philippines |
Labor Advisory No. 13-A dated 1 April 2020 clarifies Labor Advisory No. 13. Payment of holiday pay under Labor Advisory No. 13 is deferred until the emergency situation has abated and normal operations of the establishment resumed. Businesses that have totally closed or ceased operations are exempt from payment of the holiday pay. |
Taiwan |
The Ministry of Transportation and Communications has issued a facemask mandate for all trains and intercity buses starting today. This affects both high speed rail (HSR) and regular trains (TRA). They have started taking temperatures at all HSR and TRA stations as well as many intercity bus stations. |
UAE |
The Ministry of Human Resources and Emiratisation (MOHRE) has issued a new Ministerial Resolution (No. 279 of 2020) (Resolution) containing guidance for onshore based employers as to employment related measures they can take in response to the global Covid-19 outbreak, including in relation to paid leave, unpaid leave, reductions in salary and redundancies. The Resolution is effective 26 March 2020 and the measures introduced will remain in place while other precautionary measures in relation to Covid-19 remain active. It remains to be seen whether similar guidance will be issued across the various free zones in the UAE. Importantly, the provisions of the Resolution only apply to non-national employees, who are not afforded the same protections as UAE nationals under existing UAE legislation. |
US |
On March 27, 2020, President Trump signed the Public Law 116-136, Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which is likely to provide significant relief to small businesses by authorizing up to $349 billion toward job retention and certain other expenses. The legislation will offer new small business assistance loans through the Paycheck Protection Program, provide for modifications to the SBA 7(a) loan program and support grants to organizations assisting small businesses affected by COVID-19. Read more about the Act or view / register for webinars by visiting our Coronavirus Resource Center. The Families First Coronavirus Response Act (the “FFCRA”) takes effect on April 1, 2020. The Act generally requires employers with fewer than 500 employees to provide all employees, regardless of their tenure with the company, with 10 days of paid sick leave if an employee is “unable to work (or telework)” due to enumerated COVID-19-related reasons. Read our alert here for more details about employee entitlements, rate of compensation, posting requirements, COVID-related paid FMLA leave to care for a child, and available employer payroll tax credits. You can find additional guidance and materials issued by the Department of Labor at https://www.dol.gov/agencies/whd/pandemic/ |
March 31 Update |
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Australia |
The Australian Government has also introduced a partnership with the States and private hospitals, assisting to integrate the private hospital system into the public health system. Whist the Government has not directed its closure, a large Australian airline has sought a $1.4 billion loan from the Australian Government. States have also introduced tougher restrictions on the movement of people.
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Canada |
Canada:
Alberta:
British Columbia:
Northwest Territories :
Ontario:
Quebec:
Saskatchewan:
Yukon:
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Chile |
There is an indefinite night quarantine from 10:00 PM to 5:00 AM across Chile, while certain sections of the capital and five cities are in 24 hour quarantine. Only essential services remain entitled to operate during quarantine, as well as businesses related with the main economic sectors of the country, health and food supply. The Labor Directorate has issued interpretative rulings, stating that companies that cannot provide work to employees due to quarantine and where the employees cannot work from home, are in a situation of force majeure, due to which the employer is exempted from paying wages. However, the rulings also have clarified that the employer cannot terminate the employment agreements on grounds of force majeure. Such companies, can, however, invoke the needs of the company to make reductions in force (which oblige the company to pay severance compensation based on time served). Even though these decisions are not mandatory for the private sector, they are closely followed by companies since Courts usually use similar criteria, and the labor inspectors are obliged to follow the interpretation of those rulings during company inspections (see Dictamen 1283/006 (3/26/2020) and Dictamen 1239/005 (3/19/2020)). The Chilean Congress has rushed to pass a bill on telework (Law 21,220) after several years of discussion, due to the pandemic. This law was included in the March 27 Official Gazette edition and will enter into force on April 1. The main rules include:
If companies have employees working in home-office before April 1, they will have 3 months to adapt to the new regulations. Congress also passed Law 21.221 which changes the dates of several elections programmed in the first part of 2020. Especially important, is the change of the date for the referendum of a new Constitution, initially programmed for April 26 and rescheduled for October 25, 2020. Finally, Congress has also delayed discussion of the bill submitted by the Chilean Government, which seeks to authorize the following regime during the pandemic:
The discussion of this important bill is expected to resume on March 31. |
Czech Republic |
Cross-border movement has been extended until 12 April 2020. Preventive measures (including temporary closure of most of the shops) has been extended until 11 April 2020. The Ministry of Labor and Social Affairs is finalizing the employment support program. The Czech National Bank has recently decreased the base interest rate from 1.75% to 1%. The Ministry of Finance proposes a six-month moratorium on payments of mortgages, consumer loans, and commercial loans. |
Hong Kong |
For gatherings of more than 4 people in a public space, the Government will consider skipping warnings and directly fining violators HK$2,000 in the coming days. The Government is due to hand out tens of billions of dollars to help those suffering during the public health crisis in a second round of relief measures, with retail sales statistics due to be released later on Tuesday expected to record their biggest fall since records began. |
Hungary |
The following new regulations are applicable as of 31 March:
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India |
The Ministry of Skill Development and Entrepreneurship has ordered all establishments to pay full stipend to apprentices engaged in their establishments (i.e., trainees specifically engaged under the Apprentices Act, 1961) under both designated and optional trade during the period of lockdown. For establishments under the National Apprenticeship Promotion Scheme (NAPS), the stipend shall be reimbursed by the Government for the lockdown period as per the NAPS guidelines. Chief Labour Commissioner has requested the regional heads of the labour department to strictly take up the issue with principal employers, contractors/vendors and all public/private enterprises in case distress calls are received from workers/employees in their region, complaining about termination or non-payment of salaries. Due to the lockdown, intra-country movement has been heavily restricted, and hence, employees may be stranded in (remote) locations. Recognizing this, the District Magistrate in Noida has ordered companies to provide the names of the employees (entitled to receive the salary) on the letter heads, so that the employees can be permitted to visit the workplace by showing their name, address and identity cards in order to collect their salaries. In Rajasthan, the Industries & MSME department has advised all industrial and commercial establishments to transfer salaries (without any deductions for the period of lockdown) to the banks accounts of their employees through Direct Benefit Transfer (DBT) using online means. In cases where salary transfers are not possible through online means, movement passes could be issued to the concerned staff to ensure hassle free distribution of salaries. |
Mexico |
The Mexican Government has announced a state of emergency. The exact terms will be published tomorrow but on the labor side, all non-essential activities should be stopped until April 30. Essential activities (to be defined) may continue to operate. The age for seniors to stop working has been lowered to 60 years old. The Government shall also close except for essential activities. We will share more information when the decree has been published. |
Philippines |
Department of Labor and Employment Advisory No. 13 dated 30 March 2020 clarifies the rules on holiday pay rates for April 9, 10 and 11:
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South Africa |
A communication has been issued by the Financial Sector Conduct Authority that acknowledges the effect that COVID-19 has had on employers and employees and attempts to provide assistance to employers in financial distress who are unable to make the contributions to the relevant pension funds during this time. According to the communication, employers who are in financial distress as a result of COVID-19 can agree with the retirement fund to which they ordinarily make contributions on behalf of their employees to a temporary suspension, postponement or reduction of those contributions which may not be viewed as an act of non-compliance in terms of the rules of that fund, subject to certain conditions being met. |
Taiwan |
Starting April 9, there will be changes to the facemask rationing system:
The CECC announced a physical social distancing regulation requiring a physical distance of 1m outdoors and 1.5m indoors. For now, the CECC will not be imposing fines on individuals who fail to maintain this distance, instead opting for public education. |
UK |
From 30 March, remote right to work checks will be temporarily acceptable. The checks must be performed in a specific format set out below:
Once the COVID-19 pandemic measures end, a retrospective check of the original document must be made. A copy of the retrospective check must be made and marked as follows: “The individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to COVID-19.” The retrospective check must be carried out within 8 weeks of the COVID-19 measures endings and both checks must be retained on file in order to hold a statutory excuse. |
March 30 Update |
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Australia |
The Australian Government has announced wage subsidies available where:
Where eligible, the employer will receive up to $1,500 per fortnight per employee for the period from 1 March 2020 for a period of six months. The subsidy is available where the employee remains working and where the employee has been stood down. This amount must be passed on to the employee through ordinary payroll processes and will be administered by the Australian Tax Office (ATO). Payments to employers will commence 1 May 2020. Employers who wish to participate in the scheme must register with the ATO. Employees who receive the above payment will not be eligible for social security benefits. Australia has also now moved to restrict social gatherings to no more than 2 people. The level of enforcement of this rule varies across each State and Territory. In New South Wales and Victoria, fines may be applied for breach of the regulations. Changes have been introduced to the Clerks – Private Sector Award to make it easier for employers to reduce employees’ hours of work and direct employees to take leave, similar to those introduced to the Hospitality Award. Similar changes have been proposed to the Restaurant Industry Award. |
Belgium |
Extension of the quarantine measures: On 27 March, the National Security Council of Belgium decided to extend the national quarantine measures by two weeks, until 19 April included. If deemed necessary, these measures can afterwards again be extended for another two weeks, until 3 May included, but this will in essence depend on the effects of the current measures on the spread of the virus in Belgium. |
Colombia |
As of 23 March, the Colombian President issued a Decree under which the following benefits will last as long as the events that gave rise to the Economic, Social and Ecological Emergency continue:
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Denmark | In relation to the salary/wage compensation scheme, the Danish Business Authority has launched an online service for submission of applications for salary/wage compensation. All private-sector businesses fulfilling the requirements for obtaining salary/wage compensation from the Danish State can now submit their applications to the Danish Business Authority using an online application form available at www.virksomhedsguiden.dk. The closing date for applications is 30 June 2020. For full details of the scheme and how to apply, read here. |
Finland |
The Finnish Government has decided to isolate the Uusimaa region from the rest of the country until 19 April. Employees may still leave from or arrive into the region to work, but need a certificate from the employer confirming their right to cross the border of the region as the police control the traffic. It is anticipated that restaurants, bars and cafes across Finland shall be closed as of 30 March and only take away will be possible which decision will affect the employers in the sector. Currently, public events and public gatherings of 10 people or more is forbidden until further notice. To the extent possible, it is advisable to take the limit of 10 people into account at workplaces when planning remote working and requiring employees to attend workplaces. |
France |
Executive Order n° 2020-346 on partial activity dated 27 March 2020: The Order provides that for the employees on a “forfait jours” working time arrangement, the determination of the number of hours taken into account for the partial activity allowance is calculated by converting a number of days or half-days into hours. The terms of this conversion will be determined by decree. The Order also covers the case of employees who are not subject to the legal or contractual provisions relating to working hours, for whom the terms and conditions for calculating the allowance and payment will be determined by decree. This suggests that senior executives and sales representatives (VRP) are eligible to partial activity. It should also be noted that the Order provides that the consent of protected employees is no longer required as soon as the partial activity affects all employees of the company, establishment, department or workshop to which they are assigned or attached. The Order opens the benefit of partial activity to foreign companies who do not have an establishment in France and who employ at least one employee carrying out his/her activity in the national territory; the benefit being reserved solely for companies covered by the French social security system and unemployment insurance. Moreover it was confirmed that the indemnity paid to employees during partial activity is only subject to CSG-CRDS. This social regime is also applicable to the additional compensation paid by the employer beyond 70% of the gross salary, pursuant to a collective agreement or a unilateral decision |
Germany |
Over the past few days, the German Bundestag has adopted a far-reaching bundle of measures to address the consequences of the global Corona pandemic, including:
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Hungary |
The following new regulations are applicable as of 30 March:
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India |
Under Finance Minister’s proposal to amend the PF laws (see 27 March update below), the Employees’ Provident Fund Scheme 1952 (EPF Scheme) has been amended to include pandemic/epidemic as a ground for withdrawal of PF accumulations. If a member of the EPF Scheme who is employed in an establishment/factory located in an epidemic/pandemic-affected area, makes an application for withdrawal of PF, the authorities can permit a non-refundable advance to be given to such member. Such advance should not exceed the member’s ‘basic wages’ and ‘dearness allowance’ of 3 months or 75% of the amount standing to member’s credit in the PF, whichever is less. On account of the lockdown, India was witnessing an exodus of migrant workers from different states to their hometowns. In relation to this, the MHA has inter alia directed:
A ‘Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund’ (PM CARES Fund) has been set up to deal with emergency situations such as the COVID-19 pandemic. The Ministry of Corporate Affairs has clarified that contribution to that PM CARES Fund will qualify as Corporate Social Responsibility (CSR) activity under item no. (viii) of the schedule VII of the Companies Act, 2013. While in the MHA Order several government offices were exempted from the lockdown requirement, like- police, municipal bodies, social welfare departments, etc. The Ministry of Home affairs have now specifically clarified that pension department (i.e. Employees Provident Fund Organisation) shall remain operational during the lockdown period with bare minimum staff. In Karnataka and Punjab, the authorities have created websites which can be used to apply for curfew passes during the lockdown: 1. Karnataka- https://mygate.com/blog/ksp-clearpass-companies/; 2. Punjab- https://epasscovid19.pais.net.in/. In Noida, the District Magistrate has ordered that all employers (whose establishments have been closed during lockdown) are required to give paid leaves to their employees/workers for the period of closure. Contravention of this order shall be punishable up to imprisonment. In Punjab, the Principal Secretary of Labour Department, has advised all employers of industries, factories, shops, and commercial establishment etc, to not terminate employments, particularly of casual or contractual workers or deduct their wages/salary. Employers have also been advised to treat the employees Further, employers have been advised to treat employees/workers as if they are on ‘paid leave’ or as ‘on-duty’, if they remain absent due to the pandemic or if workplace is non-operational due to the pandemic. As the lockdown in India continues to have far reaching effects for companies across sectors, law firm Trilegal has produced a note addressing some additional common issues that companies are currently facing while managing business continuity and employees. Trilegal have kindly given us permission to link to their note here. |
Ireland |
Stay at home: The latest public health measures to prevent the spread of COVID-19 With effect from midnight on 27 March, for a two-week period until 12 April, everybody must stay at home in all circumstances, except for the following situations:
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Malaysia |
Finance or HR personnel permitted to be in the office: As a temporary exemption to the nationwide Movement Control Order, the government announced that Finance or HR personnel would be allowed to be in the office on either 31 March or 1 April specifically for the purpose of processing payroll to pay salaries. However, only two people would be permitted to be in the office premises at any time. To facilitate employee travel, employers should prepare a release form or authorisation slip for the relevant employees. The document should include full particulars of the employer and employee. Shorter operating hours during second phase of Movement Control Order (MCO): During the second phase of the MCO (1-14 April 2020), hours of operation will be reduced for certain services. Eateries, markets, and petrol stations will only be allowed to operate from 8am to 8pm. |
Morocco |
A number of measures have been taken by the Moroccan government through the "Comité de veille économique" to reduce the social and economic impact of COVID-19, notably by providing a monthly compensation to employees who are not working due to the closing of business. Read more here for full details of the compensation procedure and measures. |
Portugal |
Simplified lay-off regime: Rectification no. 14/2020 was published on 28 March clarifying that companies may not dismiss any employees due to redundancy during the application of the simplified lay-off and within 60 days after its term (Decree-Law no. 10-G/2020 only excluded dismissals due to redundancy of employees covered by the lay-off). |
Russia |
On 25 March, President Putin addressed the nation and announced a series of measures aimed at reducing the spread of COVID-19 and reducing the negative impact on the Russian economy:
According to the Presidential Decree, the week from 30 March to 5 April will be a non-working week with full pay (with exceptions for employees of certain organisations e.g. organisations providing the population with food and essential goods). On 28 March, the Russian prime minister signed Order No. 763-Р, which temporarily prohibits, as of 30 March 2020, traffic through automobile, railway, pedestrian, river and mixed checkpoints across the Russian border, as well as through the land border with Belarus. The ban does not apply to the following categories:
On 29 March, the Moscow mayor signed a decree establishing a general self-isolation regime in Moscow. The self-isolation regime will be effective from 30 March 2020. It applies to all residents of the capital, regardless of age. However, it does not limit the right to enter or leave Moscow. According to the decree, people may only leave their places of residence in the following cases:
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Spain |
Royal Decree-Law 9/2020, in force as of 28 March, includes a number of employment measures in addition to those approved by Royal Decree-Law 8/2020 such as:
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United Kingdom |
On 26 March, the Government published detailed guidance on the Coronavirus Job Retention Scheme (JRS) which is designed to support employers whose operations have been severely affected by COVID-19. Under the JRS, UK employers with a PAYE payroll scheme as at 28 February will be able to "furlough" employees and claim from HMRC a grant of 80% of their monthly wage cost, up to a maximum of £2,500 plus the associated employer National Insurance Contributions and minimum automatic enrolment employer pension contributions. The Government also announced the outline of the Self-employment Income Support Scheme which will allow self-employed people and members of partnerships to claim a taxable grant worth 80% of trading profits up to a maximum of £2,500 per month for the next 3 months. |
United Kingdom | On 27 March, the Government implemented secondary legislation to relax the rules on carry-over of annual leave so that workers who have not taken all of their statutory annual leave entitlement due to COVID-19 will be able to carry up to 4 weeks of unused leave into the next 2 leave years. |
March 27 Update |
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Australia |
The Australian Government is taking stricter action to restrict the movement of incoming travellers and to increase compliance checks on travellers who are already undertaking mandatory self-isolation period at home.
The Australian Defence Force will begin assisting state and territory governments to undertake quarantine compliance checks of those who are required to be in mandatory isolation after returning from overseas. Although the Government has not mandated any further businesses must close, thousands more Australian workers have been stood down across a range of industries and businesses. The NSW National Parks and Wildlife Service has announced that all campgrounds will be closed until further notice. (https://www.nationalparks.nsw.gov.au/) |
China |
From 28 March, 2020, China will temporarily prohibit foreigners from entering into China even if they hold valid visas and residence permits. Various visa-free policies are suspended. If the foreigners need to enter into China for crucial matters, they need to apply a special visa during this special period. Shanghai announced that from 26 March, 2020, everyone arriving into Shanghai shall be under home quarantine or central quarantine for 14 days regardless of which country they are from. (The restricted countries list we referred to in the 20 March update has been expanded from 24 countries to all countries). |
Colombia |
President Iván Duque confirmed that the National Government is not planning to promote or support the mass layoff of employees. The Colombian Government is promoting mechanisms to protect employment and guarantee the welfare of employees and their families. For the first time in the history of the Colombian Constitutional Court, the courtroom is meeting virtually, to defend the Constitution and enable analysis of Government measures and decisions to mitigate the affects of COVID-19. Bogota City Hall has adopted additional and complementary measures on the occasion of the declaration of public emergency. Among other things, the Mayor declared:
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France |
As reported yesterday:
It has just been announced that the lockdown in France will continue for 2 more weeks until 15 April. |
Hong Kong |
Gatherings: The limit of four people in a group to be applied to all public gatherings, with 12 exemptions including workplaces, government functions, funerals and wedding ceremonies. The proposal referred to in one of earlier updates to ban bars and restaurants from selling alcohol has not been adopted. The government has also ordered a two-week closure of six types of places that attract large gatherings: gaming centres, saunas, places of amusement such as pool halls, fitness centres, cinemas and party rooms. Bars and restaurants: Under the new arrangements, bars and restaurants will only be allowed to operate at half their capacity and the measures will last for at least two weeks. Restaurants must check patrons’ temperature and provide hand sanitiser for them. Spot checks will be carried out by the Food and Environmental Hygiene Department and violators in the catering industry will be subjected to a maximum HK$50,000 penalty and six-month jail. People who flout the public gathering law will be subjected to a HK$25,000 penalty and six-month jail. Public facilities: The closure of public facilities will be extended to all outdoor sports centres managed by the Leisure and Cultural Services Department from 28th Mar (Sat). These include all parks, playgrounds, outdoor pitches and tennis and basketball courts. |
Hungary |
As of 27 March:
In addition, the Hungarian Industry Association has made a proposal to the deputy prime minister concerning the handling of the economic crisis. The proposal contains the following:
The Hungarian Trade Union Association has harshly criticized the proposal and branded it as a “slave act”. |
India |
The Ministry of Home Affairs has issued a Standard Operating Procedure (SOP) for maintaining supply of essential goods during the lockdown period of 21 days (until 14 April 2020). Some of the operating guidelines inter alia provides for operation of warehouses storing essential goods, all facilities in the supply chain of essential goods (whether involved in manufacturing, wholesale or retail of such goods through local stores, mortar stores or e-commerce companies), transporters of essential goods, manufacturing units of essential goods (such as, drugs, pharmaceuticals), etc. The Union Finance & Corporate Affairs Minister announced INR 1.70 lakh crore as relief package under Pradhan Mantri Garib Kalyan Yojana for the poor, to help them during the COVID-19 outbreak period. Further, the current employees’ provident fund (PF) law is proposed to be amended to include ‘pandemic’ as a reason for a non-refundable advance, of 75% of the PF accumulations or 3 months of wages (whichever is lower). Under this package, for small establishments having up to 100 workers, the government proposes to pay both, the employer and employee’s share of PF contributions (12% each) into the PF accounts of wage-earners in the organised sector (who earn below INR 15,000 per month). Such contributions are proposed to be made by the government for the next 3 months Travel restrictions: As per the SOP, the employees or persons engaged in the supply chain shall be allowed to commute on the basis of e-pass or any other certification issued by the concerned local authorities. In addition, such employee / person shall carry a valid photo identification card. The District Magistrate (DM) in Noida has notified authorities who will issue identity cards for the movement of individual’s within the district. Further, vehicles carrying essential goods would not be stopped, however passes should be obtained from the authorities for the movement of such vehicles. The DM in Noida has notified that online delivery services / e-commerce retailers/operators shall be allowed to operate without any pass from the District Administration during the 21 days lockdown period. Their company passes would be sufficient to carry out door to door supply. In Karnataka, the Police Department has exempted online delivery services and other e-commerce operators, allowing them to operate during the lockdown period. However, these operators / retailers have to obtain passes for vehicles / persons from any of the 8 Deputy Commissioners of Police (L&O) in the Bengaluru City. In Gurgaon and Delhi, the authorities have created websites for filing applications for movement passes. 1. Gurgaon- https://www.ggncurfewpass.in/; 2. Delhi- https://epass.jantasamvad.org/epass/application/english/. In continuation of the earlier order on travel and visa restriction, the Director General of Civil Aviation (DGCA) has closed all scheduled international commercial passenger services till 14 April 2020. However, this restriction will not apply on international operations and flights specifically approved by DGCA. |
Indonesia |
The Ministry of Finance has issued a regulation on Tax Relief for Taxpayers Affected by the COVID-19 Pandemic (MOF Reg 23/2020). Under MOF Reg 23/2020, several kinds of relief are given by the government including to among others, employers in certain business fields and companies given Easing of Imports for Export Purposes (Kemudahaan Impor Tujuan Eksport - KITE) facilities. Under MOF Reg 23/2020, the government will cover the income tax to be paid by employees with a regular and fixed gross income, which amounts to no more than 200 million Rupiah a year. There are over 440 business classifications that are given this relief, including among others fish oil producers, paper factories, ship and small boat industries and aircraft repair service providers. This regulation will come into effect on 1 April 2020. |
Japan |
From midnight on 27 March, the Japanese government has imposed an entry ban on foreign travelers coming from 21 European countries and Iran as part of stronger measures to contain the new coronavirus unless there are special circumstances. Tokyo metropolitan governor and the governors of 4 neighboring prefectures (Kangawa, Chiba, Saitama and Yamanashi) recommended jointly that people stay home and avoid any unnecessary outings or travel this weekend and night time. This recommendation is not binding and there are no penalties for not following the recommendation. Some employment subsidies are being increased:
Other subsidies available in Japan include:
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Malaysia |
Economic stimulus package: The Prime Minister has unveiled an economic stimulus package valued at RM250 billion, with RM100 billion targeted at supporting businesses. Highlights for employers include the following:
The specifics of each of the above measures will be announced during the coming week. Enhanced Movement Control Order (MCO) for two locations in Johor: On 26 March 2020, the government announced an Enhanced MCO in two locations in the State of Johor — Simpang Renggam and Kluang. Under the Enhanced MCO, residents of those two areas are completely prohibited from leaving their homes for two weeks, no visitors will be allowed into those areas, and all business activities will be stopped. Basic foodstuff and supplies will be delivered by the Social Welfare Department. |
Philippines |
Bureau of Immigration announcement as of 27 March 2020: BI will temporarily allow foreign nationals with approved and implemented visas but awaiting release of the Alien Certificate of Registration Identity Card (ACR I-CARD) to depart the country. In lieu of the ACR I-CARD, the foreign national shall present to the immigration officer at the airport his passport with visa, official receipt of the ACR I-CARD Waiver Application Fee and Emigration Clearance Certificate (ECC) with Resident Permit or Special Resident Certificate, as applicable. |
Portugal |
New regimes have been announced for a simplified lay-off scheme, payment of tax and social security and carer / assistance leave related to COVID-19: Simplified lay-off A new simplified lay-off regime will apply when there has been:
Where these conditions apply, companies may reduce the normal working period or suspend employment contracts. Under this regime, companies are entitled to:
Where normal working hours are reduced, the employee’s salary is proportionally reduced. However, the employee will be entitled to a minimum amount equal to 2/3 of their normal gross remuneration, or the value of the national minimum wage (EUR 635.00), whichever is higher, up to three times the NMW (EUR 1,905.00). If the salary falls below this amount, the employee will be entitled to compensation to the extent necessary to (in addition to remuneration) guarantee the minimum amount. This compensation is supported by Social Security (70%) and the employer (30%). Where employment contracts are suspended, employees will be entitled to compensation corresponding to 2/3 of their normal gross remuneration, or EUR 635.00, whichever is higher, up to EUR 1,905.00. A specific procedure applies to implement this measure, including consultation with employees’ representatives (if any), communication to employees and application before Social Security. This measure lasts for one month, extendable monthly, up to three months, until June 30, 2020. Employers are totally exempt from the payment of Social Security contributions in respect of the employees covered by these measures and members of statutory bodies. Employers that benefit from these measures are also entitled to an extraordinary financial incentive to support the normalization of the company's activity corresponding to EUR 635.00 per employee. While these measures are in place and up to 60 days following their term, the employer cannot terminate the employment contracts of the affected employees due to redundancy. Exceptional and temporary regime for compliance with tax obligations and social contributions Decree-Law no. 10-F/2020, 26 March includes, among other tax related measures:
Exceptional carer / assistance leave Decree-Law no. 10-K/2020, 26 March establishes an exceptional and temporary leave regime to provide assistance or care. The following absences are deemed justified (with no obligation to maintain payment of salary):
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South Africa |
The government has confirmed that employees may be required by their employers to take annual leave during the lock-down but government has urged employers not to do this and to rather continue paying employees during this period, and if they cannot afford to, to rely on the financial assistance provided through the Temporary Employer / Employee Relief Scheme. Read more here. |
March 26 Update |
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Australia |
NSW has introduced on-the-spot fines of $1,000 for people breaching self-isolation rules and introduced new laws allowing police to fine (or jail) people for breaching social distancing requirements. Schools in Queensland will be pupil free from 30 March, schools in South Australia will be pupil-free from 4 April, and Western Australia schools will cease formal classes on Friday April 3. The Australian Competition and Consumer Commission (ACCC) has granted interim authorisation to Regional Express (Rex) allowing it to coordinate flight schedules with Virgin Australia and Qantas Airways on ten significant regional flight routes during the COVID-19 pandemic. Changes have been made to give employees early access to long service leave in NSW. The amendments to NSW’s Long Service Leave Act enable long service leave to be taken with less than the current one month's notice and in blocks of less than a month, where there is agreement between employer and employee. The amendments proposed will sunset initially after six months. A joint application by Austalian Industry Group and Australian Chamber of Commerce and Industry has being made to the Fair Work Commission to allow reductions in working hours while keeping the same hourly rate of pay for up to one million workers covered by the Clerks Award. The Clerks Award covers employers in the private sector throughout Australia with respect to their employees engaged wholly or principally in clerical work, including administrative duties of a clerical nature, and to those employees. It is estimated the Clerks Award covers up to one million employees in Australia. If approved, the Award would be varied to:
The employees must vote on whether to reduce hours or not, and if there is a union involved in the workplace, they must be informed. The employee will still continue to accrue entitlements at their ordinary hours of work prior to the agreement to reduce hours. |
Canada |
The federal government has introduced the Canada Emergency Response Benefit, a taxable benefit of up to $2,000 a month for up to four months for workers who lose their income as a result of the COVID-19 pandemic. Workers who are still employed, but are not receiving income because of disruptions to their work situation due to COVID-19, would also qualify for the Canada Emergency Response Benefit. Alberta: Media reports are suggesting that the Alberta government will be ordering the closure of non-essential workplaces soon. British Columbia: The province has defined essential services; and any business or service that has not been ordered to close, but is not identified on the essential service list, may stay open only if it can adapt its services and workplaces to the orders and recommendations of British Columbia’s Provincial Health Officer. Ontario: The Ontario Workplace Safety and Insurance Board has allowed businesses to defer premium reporting and payments until August 31, 2020. No interest will accrue on outstanding premium payments for Schedule 1 businesses and no penalties will be charged during the six-month deferral period. Schedule 2 account balances will not accrue debit interest. |
France |
The following new measures have been published:
Moreover the draft executive order provides that the employer can impose or modify the dates, with not less than one day notice, of RTT days, additional days off granted to employees under a “forfait jours” working time scheme, and days off allocated to the company time saving plan (CET). The maximum days the employee can impose in this context cannot exceed 10 days per employee. The period of paid leaves/days off imposed or modified cannot be extended after 31 December 2020. Based on the above provisions that should be effective in a few hours, the employer can either:
This decree modifies the method of calculation of the compensatory allowance paid by the State to employers in the event of partial activity, and also makes the procedure for submitting applications for partial activity more flexible. It confirms :
The provisions of the decree apply to application to the benefit partial activity addressed or renewed as of the date of entry into force of this decree, in respect of the placement in partial activity of employees since March 1, 2020. |
Greece |
On 23 March, the Government announced a general lockdown, permitting citizens’ movement only for specific purposes (i.e. employment, visits to doctor/pharmacies/food markets etc.) by carrying a relevant permit. Every employee is obliged to hold a “lockdown movement permit” to move for reasons of employment. This permit is to be signed by the company’s legal representative and bear the company’s stamp and include the following data: the employee’s and the company’s details, the employee’s working place and working schedule. Further instructions as well as the statutory forms that could be used by companies are available here. |
Hungary |
The following new regulations are applicable as of 26 March:
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Ireland | The Emergency Measures in the Public Interest Bill, currently before the Irish parliament, will introduce amendments to redundancy payments legislation in relation to lay off and short time working. It provides that employees placed on lay off or short time working will not be able to claim a redundancy payment where this is as a result of measures taken by the employer to comply with Government policy to limit the spread of COVID-19. |
Japan |
Last night, the Governor of Tokyo recommended that people work from home to the extent possible and avoid any unnecessary outings or travel this weekend. This recommendation is not binding and there are no penalties for not following the recommendation but it will be persuasive and many people will heed to the recommendation. |
South Africa |
The Regulations to regulate the 21-day lock-down that will take place from midnight tonight, 26 March to 16 April 2020 are here. All businesses that will be allowed to provide essential services are required to seek approval from the Department of Trade, Industry and Competition to trade during the period of the lockdown. Such businesses are required to apply to the Companies and Intellectual Property Commission (CIPC) Bizportal website at and obtain a certificate from CIPC that allows them to continue trading. The application will be a simple declaration requiring minimal registration details, type of business/trade involved in, what trading name if any is used and whether it meets the requirements contained in the essential services list, the contact details of the person applying as well as the number of employees that will be working during the lockdown period. A certificate will then be emailed stating that the business is allowed to remain trading. The certificate can then be used as evidence to authorities requiring same that indeed the business has been given government permission to trade and that its employees are able to have unrestricted movement ONLY in the course of that trade. Employees must carry their permission together with their identity documents at all time when travelling. Attached is the latest Directive from the Department of Labour regarding the Temporary Employee / Employer Relief Scheme (TERS) and the Unemployment Insurance Fund (UIF). This appears to apply to COVID-19 in general and not just when South Africa is in the lock-down period, which commences at midnight tonight. The Directive is valid for 3 months. The Department of Labour appreciates the fact that employees may be required to take leave and there may be temporary closures as a result of COVID-19. The TERS fund will provide funding to businesses that cannot pay salaries as a result of COVID-19. If employees are put on unpaid leave or short-time as a result of COVID-19 then they may claim from the Unemployment Insurance Fund but the benefits are subject to a capped amount and the actual amount paid depends on various factors including length of service and whether an employee has claimed in the past. We also attach a new Directive relating to the closure of the Labour Courts during the 21-day lockdown. The Directive states that the Labour Courts will not remain open during the lockdown and no matters will be heard save for urgent matters, which will be heard telephonically, if the Judge deems the matter to be urgent |
Spain |
The labour inspectorate has issued guidelines that its inspectors must follow to apply the existing health and safety regulations during the COVID-19 pandemic. The criterion will vary depending on the sector activity and, in particular, on whether employees have a professional risk of exposure to virus – i.e. those working within health care, lab and funeral sectors – or not. |
Sweden |
The Swedish government has proposed a temporary reduction of social security contributions during the period 1 March – 30 June 2020. Only pension contributions will be made on top of any compensation that is paid out during that period. The reduction is applicable for up to thirty employees and to a salary amount of SEK 25 000 per month, which means that the employer will get a reduction of maximum SEK 5300 per employee and month. The purpose is to make it easier for employers hit by a sudden loss of income while wage costs remain. |
United Kingdom |
The Chancellor has today announced a package of support for self-employed people which he says will benefit 95% of the self-employed population. The scheme will enable self-employed individuals who are adversely affected by COVID-19 to apply for a taxable grant of 80% of average monthly profits over the last 3 years (or fewer, if less than 3 years), up to a maximum of £2,500 per month. The Coronavirus Bill received Royal Assent and is now the Coronavirus Act 2020. The Act includes provision for (1) the modification of the statutory sick pay (SSP) regime, so that SSP is payable from the first day of sickness or self-isolation and can be funded by HM Revenue and Customs; and (2) creates ‘emergency volunteering leave’, which will enable emergency volunteers in health or social care to take unpaid time off work and receive compensation for loss of earnings. Although the majority of the Act is now in force, the SSP rule changes and the emergency volunteering leave provisions both require secondary legislation, and so will only take effect on a date appointed by the Government. The President of the Employment Appeal Tribunal has announced that the EAT will not be conducting any hearings (including telephone or Skype hearings) from 25 March 2020 until 15 April 2020. Any appeals lodged with the EAT during this period can only be lodged by email. |
March 25 Update |
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Australia |
To conserve essential medical goods, new rules have been released cancelling most elective surgeries at public hospitals, but there are exceptions. Category one surgeries (where a patient needs treatment within 30 days or their condition could deteriorate quickly) and some exceptional category two cases (patient needs treatment within 90 days. Conditions causes pain, dysfunction or disability but unlikely to deteriorate quickly and unlikely to become an emergency) will continue until further notice. Elective surgeries at private hospitals can continue until 11.59pm on April 1. All international travel from Australia has now been banned (as of Wednesday 25 March). Virgin, Australia’s second largest airline, has stood down 80% of its workforce. The Fair Work Commission, Australia’s industrial relations tribunal, has moved online and is no longer accepting hard copy applications in person or by post. |
Canada |
The government has invoked the Quarantine Act to require (as opposed to suggest) that all travellers entering Canada after 11:59p.m. today (March 25, 2020) self-isolate for 14 days. Failure to comply can result in penalties of up to $1,000,000 and/or imprisonment for up to three years. Alberta
British Columbia
Ontario
Quebec
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China |
From March 25, Beijing requires all individuals including those who are elderly, young, pregnant and patients arriving from abroad to be isolated in a location assigned by the government first for nucleic acid testing. If the special groups (elderly, young, pregnant and patients) are tested as negative, they will be able to go back home for the rest of the 14 day’s quarantine period. Hubei government announced that from March 25 - traffic can resume in Hubei province - except Wuhan. From April 8, 2020, Wuhan will resume its traffic and connection with outside. |
Colombia |
National quarantine began today March 25. Mobilization is restricted for all residents. It is only allowed for those people who work in essential activities: healthcare, foods, essential public services, financial service, among others. |
Denmark |
The restrictions in Denmark will now continue until 13 April (closure of all public institutions, including schools, daycare centers, cafes, bars, restaurants (except for take away), hairdressers, malls and all indoor sports facilities etc. On 24 March, the Danish Government passed the Danish Act on Temporary Salary and Wage Compensation for employees in the private labour market. Read more details about the scheme here. |
Hungary |
The following new regulations are applicable as of 25 March:
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Ireland |
On 24 March 2020, the government announced a National COVID-19 Income Support Scheme. The scheme introduces a new wage subsidy support and enhanced payments available under existing supports. Full details here. |
Mexico |
The Ministry of Health has issued a decree ordering measures to prevent and control risks associated to Covid-19 among which employers are obligated to stop attendance at work of those aged 65 or above, and other groups at risk such as pregnant or breastfeeding women, disabled persons, persons with chronic diseases (i.e. high blood pressure, pulmonary pressure, renal insufficiency, lupus, cancer, diabetes mellitus, obesity, liver insufficiency or metabolic, and heart disease) with full pay and without affecting their labor rights. |
New Zealand |
New Zealand will go into Alert Level 4 at 11.59 tonight, involving a lockdown for 4 weeks (extendable). The Government is:
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Russia |
A number of measures aimed at self-isolation have been taken by authorities:
From 19 March small and medium-sized businesses may defer rent payments for federal property. A temporary procedure for granting and paying sick leave was introduced on 20 March. Temporary rules were introduced for processing electronic sick notes, as well as for processing and paying sickness benefits in the event of self-isolation in connection with COVID-19. |
Spain |
Various guidelines have been issued by:
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UK |
Individuals currently in the UK on an imminently expiring visa who cannot leave due to travel restrictions or self-isolation should notify the UK government to receive a visa extension until 31 May 2020. To do this, the individual must contact the Coronavirus Immigration Team (CIT) at [email protected] and include the following information:
The government will notify the individual of the extension and confirm no enforcement action will be taken against the individual, nor will the period be held against them in future visa applications
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Ukraine |
Today the Government of Ukraine prolonged all quarantine restrictions until April 24, 2020. The full text of the Government decision is not available yet. |
March 24 Update |
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Australia |
The Fair Work Commission has released a decision varying the Hospitality Award in response to the impacts of COVID-19. The Hospitality Award covers employers in the hospitality industry and will apply to various employees across the industry. The changes are as follows:
The above changes are in effect immediately and for three months. The Australian government has just announced the following extensions to key business shutdowns (in addition to previous ones) from midnight Wednesday for:
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Belgium |
The Belgian Federal Government and Regional Governments published a number of decrees today concerning COVID-19, including the following:
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Czech Republic |
Prohibition of movement was extended until 1 April 2020. As of 25 March 2020, shops exceeding 500 sqm must be reserved for customers aged 65 and over between 8 am and 10 am. The Government approved a compensation package for employers affected by Covid-19. Salaries paid out during the forced closed-down should be compensated for 80%, quarantine or child-care leave also for 80%, and salaries paid out during supplies reduction or reduced demand for products/services should be compensated for 50%. We expect details to be announced soon. The Government also proposed that small entrepreneurs (individuals) do not have to pay minimum social security contributions from March until August 2020. The proposal must be approved by the Parliament. |
France |
The new law to deal with the Covid-19 epidemic - see our 23 March update below - has now been published. The text (in French) is available here. |
Hong Kong | A $1 billion package of relief measures for the aviation industry has been announced. It comprises a government waiver of $670 million for air traffic control charges in 2019-20 for the Airport authority, which will be passed on in full to the airport community and $330 million in contributions from the authority. The relief package is expected to benefit more than 400 companies including airlines, aviation support and associated passenger services, airport retail tenants and restaurants, as well as airport staff. Further rental concessions will also be provided to retail and restaurant tenants at the airport. Additionally, a training incentive will be provided to frontline airport staff while on unpaid leave. |
Hungary |
The following regulations are applicable as of 24 March:
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India |
The Indian government has notified COVID-19 as a disaster . The Indian government has clarified that the spending of Corporate Social Responsibility (CSR) funds for COVID 2019 is now an eligible CSR activity. Accordingly, funds can be spent by corporates for various activities related to COVID-19 under item nos. (i) and (xii) of schedule VII, relating to promotion of health care and sanitation, and disaster management. Several State governments (such as, Karnataka, Maharashtra, Telangana, Andhra Pradesh, Tamil Nadu, West Bengal, Odisha, and Uttarakhand) have ordered a complete shut-down of various shops, commercial establishments, offices, factories, workshops, go-downs etc. The duration of the closure orders differs based on location (see below). These States have however allowed the continued operation of ‘essential services’. While the specific definition of ‘essential services’ would differ in each State, broadly, the common ‘essential service’ providers would include – drinking water services, banking services, food and groceries, hospitals and medical stores, telecom and internet, and in some locations, IT / ITES units dealing with critical and essential services and for whom working from home is not feasible, in some other locations, IT/ITES establishment which provide services to other ‘essential service’ providers. Duration of operation of the orders – Karnataka (23 March 2020 to 1 April 2020); Maharashtra (23 March 2020 to 1 April 2020); Telangana (22 March 2020 to 31 March 2020); Andhra Pradesh (22 March 2020 to 31 March 2020); West Bengal (23 March 2020 to 27 March 2020); Tamil Nadu (24 March 2020 to 1 April 2020); Odisha (22 March 2020 to 29 March 2020); and Uttarakhand (22 March 2020 to 31 March 2020). The Supreme Court of India has passed on order that the limitation period prescribed under general or special law for filing petitions / applications / suits / appeals / all other proceedings, shall stand extended with effect from 15 March 2020 till further order/s of the Court. Such extension would be granted regardless of whether general / special law permits the delay to be condoned. This order has been passed by the Supreme Court in light of the difficulties that litigants may face (in light of COVID-19) in the filing process. In Pune, office of the Collector and District Magistrate has ordered (on 22 March 2020) the closure of all enterprises in the IT/ITES sectors and has directed their employees to work from home. However, the employees of IT/ITES sectors who are involved in supporting ‘essential services’ and cannot operate from home or remote locations, may continue to work in the offices – subject to a cap of 20% of the employees who work regularly otherwise. In this order, all enterprises in the manufacturing sector have also been required to close down operations with immediate effect. The only exceptions to this prohibition are (a) if complete closure would lead to permanent damage to equipment or production facility, then such facilities could retain less than 10% staff; or (b) for manufacturing units involved in producing essential items such as pharmaceuticals, medical equipment, pest control, etc. – such facilities would be allowed to operate with the optimum staff required for the supply of essential services The National Company Law Appellate Tribunal (NCLAT) has adjourned all the matters listed for hearing during the period 21 March 2020 till 1 April 2020, and dates of hearing of these matters would be notified later. Further, for the aforesaid period, only urgent matters will be listed for admission upon mentioning as per the roster being issued separately. |
Indonesia | The Directorate General of Disease Prevention and Control of the Ministry of Health issued Decree No. HK.02.02/II/753/2020 and Guidelines on the Prevention and Control of COVID-19, which obliges all clinics and hospitals to report any probable and confirmed cases to the Government through the Public Health Emergency Operation Centre (PHEOC). DKI Jakarta Regional Government through its press release No. 1141/SP-HMS/03/2020 had limit the use of public transportations (ie. Jakarta Rapid Transit Bus (Transjakarta), Mass Rapid Transit (MRT), Light Rail Transit (LRT) and KRL Commuterline) starting from Monday, 23 March 2020 in order to prevent the spread of COVID-19 in the DKI Jakarta area. The Ministry of Law and Human Rights temporarily suspends working activities in their office area in order to prevent the spread of COVID-19 through its Circular Letter No. SEK-04.OT.02.02 of 2020. The Ministry of Education issued Circular Letter No.3 of 2020, which urges all regional education institutions to among other things, cooperate and report to the nearest health agency on their handling of the spread of the COVID-19 pandemic, to postpone large gatherings and to implement a clean and healthy lifestyle. |
Morocco |
The Moroccan government imposed mandatory quarantine on 19 March which restricts circulation outside homes. Two decrees have been adopted to address the spread of coronavirus-COVID19. These have been published today in the Moroccan official gazette and no official translation is available. The main provisions are:
The guide published by the Ministry of Labour referred to in yesterday's update, around handling issues such as reduced working hours, sick leaves, holiday, etc., has been translated into English and is available here. |
Philippines |
As of midnight 22 March, entry of all foreign nationals is restricted. Issuance of entry visas is suspended. All previously issued visas (including 9g visas) are deemed cancelled. Visa-free entry privileges are also suspended. The only exceptions are for foreign spouses and children traveling with a Philippine national, foreign crew members and foreign government and international organization officials accredited to the Philippines. Department of Labor and Employment (DOLE) has issued the following Department Orders and Labor Advisories: Department Order No. 210 – Guidelines for the Implementation of a program for Displaced/Disadvantaged Workers Program #Barangay Ko, Bahay Ko (“TUPAD #BKBK”) Disinfection/Sanitation Project dated 18 March 2020 under which the underemployed, self-employed workers, and displaced marginalized workers who have lost their livelihood or whose earnings are affected by the enhanced community quarantine are called to disinfect or sanitize their houses and immediate vicinity of their houses for ten (10) days. In return, they will be paid wages equivalent to 100% of the prevailing highest minimum wage in the region and enrollment to group micro-insurance, among others. |
Puerto Rico |
On March 23, the Governor of Puerto Rico announced that all flights -except for cargo- must land only in the main international airport, where passengers will be checked for symptoms. Any person arriving on the Island must self-quarantine for 14 days, at their homes or hotels. Additionally, the Governor announced an increase in available funds for unemployment benefits to private employees who are not able to work, a $1,500 incentive to businesses with less than 50 employees which have ceased operations, a $500 incentive to self employed individuals and a 90-day moratorium in the payment of credit cards and loans, including commercial and mortgage loans, subject to the terms of each financial institution. On March 23, the Secretary of Labor also issued her second Opinion related to COVID-19, Opinion 2020-02. The Secretary encouraged employers to continue paying employees’ full salaries, even if they are not working, and stated that nothing impedes providing partial payments, payments in advance, special compensations and emergency bonuses, considering the economic condition of the business. The Secretary clarified that non-exempt employees may request time-off to be charged to their vacation leave, but employers cannot compel employees to use the vacation leave; however, if the non-exempt employee does not have any available leave to use, the employer is not obligated to provide any compensation if the employee is not performing any work. As to vacation leave, it was also pointed out that non-exempt employees accrue this leave since they have 6 months in the employment, even if their probationary period is longer; that it is accrued retroactively since the beginning of the employment period, and that employers have discretion to allow the employee to use it after 6 months of employment. As to sick leave, it is accrued since the beginning of the employment period and may be used regardless of how long the person has been employed. The Secretary encouraged employers to be flexible when granting leaves. Additionally, the Secretary requested businesses exempted from the general lockdown to evaluate which employees are really essential in order to avoid unnecessary contagion risks at the workplace. It should be noted that the federal Families First Coronavirus Response Act, that provides for a paid sick leave and extends the Family Medical Leave Act in certain circumstances, applies to Puerto Rico and will become effective on April 2. Please refer to the USA updates for information on these special leaves. |
South Africa |
Last night, the South African President announced a 21-day lock-down in South Africa from midnight on Thursday, 26 March 2020. The purpose of the lockdown is one of a number of measures that are being put in place to try to mitigate the economic impact of COVID-19. Read more here about the measures that the government has begun implementing to mitigate the effects that the nationwide shutdown will have on both employers and employees in South Africa, and the President has committed to deploying further measures as needed. In addition to this, the Department of Employment and Labour and the Unemployment Insurance Fund has issued guidelines in terms of which employees can claim benefits from the Unemployment Insurance Fund up to a capped amount in the event that there are reduced working hours or short time as a result of COVID-19 or where an employee is in quarantine as a result of COVID-19. |
March 23 Update |
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Australia |
The Government has put in place measures which restrict the following facilities from opening from midday local time on Monday 23 March:
In NSW, Queensland, Tasmania and NT, schools remain open and it is up to the parents to decide whether to send children to school. In Victoria and the ACT, schools are closed from the end of Monday for school holidays, one week earlier than previously anticipated. The Australian government has also introduced a second stimulus package worth approximately $66 billion, which includes measures such as:
The Government has implemented measures allowing individuals in "financial stress" due to the Coronavirus (including those made redundant, and those who have had their hours of work cut by more than 20%) to access up to $10,000 of their superannuation in 2019-20 and a further $10,000 in 2020-21. |
Austria |
New developments due to the latest legal changes: Short-time work: Short-time work can now also be applied to apprentices and managers who are socially insured under the ASVG. Short-time work is thus possible for all employees, including executives, apprentices and ASVG-insured managing directors. - The only exceptions (as things stand at present) are GSVG-insured managing directors and board members, marginally employed and freelancers. The application form has now also been updated and can be downloaded from the AMS homepage. Together with the social partner agreement and a brief explanation of why this measure is necessary, this must be submitted to the responsible AMS regional office by e-mail. The application can be submitted retroactively for a period starting on 1 March 2020. In order to calculate the amount of the short-time work allowance, the AMS has provided an online calculator available here. Employment prohibition: There is still no general employment prohibition in Austria. Only employees who can also do their work from home via telework are to be allowed to work from home. If the work can only be done at the workplace, this is still possible, where the business is not shut down by the government due to measures to restrict the spread of COVID-19 (e.g. shops, bars, restaurants, etc). However, the employer must take appropriate precautions to minimize the risk of infection and to ensure that a certain minimum distance (at least 1 meter) is maintained between employees. Holiday usage: If employees are unable to perform their work due to measures based on the COVID-19-Maßnahmengesetz (prohibition or restriction of the access to businesses), at the request of the employer, vacation and working-time credits must be used up to a maximum of 8 weeks - however, vacation claims from the current vacation year must only be consumed up to an amount of 2 weeks. The employer therefore now has the possibility to unilaterally order the consumption of vacation and working time credits in the above-mentioned cases. Company employee representatives: The period of activity of works councils or other company-based employee representatives as well as of persons representing the interests of disabled persons whose period of activity ends between 16 March and 30 April 2020 shall be extended until the corresponding body is constituted, which shall be elected after 30 April 2020 in compliance with the relevant deadlines. Special care period: If schools and childcare facilities are closed and employees are not entitled to time off work to care for the child, a special care period of up to 3 weeks can be agreed. In this respect, employers are entitled to reimbursement of one third of the remuneration paid to the respective employee (capped with the maximum contribution basis - thus EUR 5,370.- gross). This now also applies in cases in which there is a duty to care for disabled persons who are cared for and taught in an institution for the disabled or an educational institution for disabled persons and this institution has now been closed. The employer's application for reimbursement must be submitted to the Federal Accounting Agency within 6 weeks after the official measures have been lifted. Forfeiture periods and period for contesting dismissals: The expiry of limitation and forfeiture periods relating to labour law claims which have already started to run before 16 March or which have started to run after 16 March shall be suspended until 30 April 2020. The same applies to the periods for contesting dismissals in court - their expiry is also suspended until 30 April 2020. |
Belgium |
Introduction of a simplified “coronaprocedure” to apply for temporary unemployment: Employers can have recourse to temporary unemployment, i.e. temporary suspension of the employment contract of employees during which there is no obligation to pay normal salary for employers, but employees would instead receive unemployment allowances paid by the ONEM/RVA (the Belgian national employment agency). Since the coronavirus outbreak, the ONEM/RVA has had to cope with a huge amount of applications for these temporary unemployment regimes, causing substantial delays in processing all applications. To tackle this issue, on 20 March 2020 the Belgian Federal Government opened up a new so-called “coronaprocedure” to apply for temporary unemployment. Under this new coronaprocedure, all situations in which work cannot be performed due to the virus outbreak, for whatever reason and regardless of the employee category (blue-collar or white-collar) will upon notification to the ONEM/RVA automatically be recognized as temporary unemployment, without being required to submit a justification file as before under the regimes of temporary unemployment for force majeure or economic reasons (see our previous update). The coronaprocedure only applies temporarily, during the quarantine measures imposed by the Federal Government which currently apply until 5 April inclusive (but could be extended if deemed necessary by the authorities). After the end of the quarantine measures, employers will still have recourse to temporary unemployment by following the “regular procedures”, i.e. for economic reasons, or for force majeure (conditions and application process differs depending on the type of unemployment – see our previous update for further detail on these procedures). The Federal Government has taken the following support measures for employees/companies:
The Flemish Government is implementing additional measures:
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Brazil |
President Bolsonaro issued Provisional Measure 927 on March 22. This brings greater flexibility for employers and aims to avoid massive terminations. The Measure is already in force but shall be voted on by the Congress within 120 days. The main changes are:
The governor of the State of São Paulo declared state of emergency in all cities in the State. All public services shall be suspended and restaurants, companies and offices shall be closed from March 24. The exception is for essential services (drugstores, supermarkets). Quarantine was determined for the next 15 days. |
Canada |
Federal: The Office of the Privacy Commissioner of Canada has provided guidance regarding privacy matters arising from the COVID-19 outbreak, recognizing that ``During a public health crisis, privacy laws still apply, but they are not a barrier to appropriate information sharing.`` Ontario: The government has today announced that all non-essential businesses must close as of 11:59 pm on March 24. All limitation periods and court filing deadlines have been suspended until further notice. Hospitals have been given powers to temporarily supersede provisions of collective agreements for hospital workers. Effective March 19, 2020, revisions to the Ontario Employment Standards Act, 2000 were made to provide for an unpaid leave of absence for infectious diseases. More information available here. British Colombia: All bars and restaurants have been ordered to move to a take-out or delivery model, or to close. The following personal service establishments have been ordered to close: nail salons, tattoo parlours, barbershops, beauty parlours, health spas and massage parlours to close Quebec: The provincial government has created a temporary aid package allowing businesses to apply for loans of more than $50,000 if they can show temporary cash flow issues due to COVID-19. All restaurant dining rooms and malls have been ordered to be closed. Gatherings of 2 or more people are now banned, except families of more than 2 people may gather in their homes, plumbers and electricians can go into people’s homes, and certain workplaces and public transit will continue to operate. Manitoba: Declared a state of emergency in the province, effective March 20, 202 New Brunswick: Declared a state of emergency in the province, effective March 19, 2020 Newfoundland and Labrador: Declared a public health emergency in the province, effective March 18, 2020 Nova Scotia: Declared a state of emergency in the province on March 22, 2020 Prince Edward Island: Declared a public health emergency in the province, effective March 16, 2020 Saskatchewan: Declared a state of emergency in the province, effective March 18, 2020 Northwest Territories: Declared a public health emergency, effective March 18, 2020 Nunavut: Declared a public health emergency, effective March 20, 2020 Yukon: Declared a public health emergency, effective March 18, 2020 Saskatchewan: The Saskatchewan Employment Act has been amended to provide that, during a public emergency period, employees on layoff will not trigger a deemed termination until they have been laid off for a period of 12 weeks within a 16 week period. The Saskatchewan Employment Act has been amended to include an unpaid public emergency leave of up to 13 weeks |
China |
From March 23, all international flights destined for Beijing will enter into China via airports in 12 other cities first, i.e. Tianjin, Shijiazhuang, Taiyuan, Hohhot, Shanghai, Jinan, Qingdao, Nanjing, Shenyang, Dalian, Zhengzhou or Xi 'an. After completing a coronavirus test in one of these cities, passengers who test negative and pass custom checks, may take their original flight to Beijing. |
Colombia |
The President of Colombia announced on national TV a national mandatory curfew for 19 consecutive days starting from March 25. The Ministry of Labor issued Resolution 803 of 2020 that states that only the Ministry of Labor as a national authority, can consider requests for mass layoffs. The President is considering to authorize the withdrawal of the annual severance payment (auxilio de cesantía) for those employees who go on unpaid leave. The Government created the Emergency Mitigation Fund (Fondo de Mitigación de Emergencias). One of the purposes of this Fund is that in order to guarantee the continuity of those businesses that provide services of national interest, the National Government may invest in equity and/or debt instruments issued by private or public entities. Decree 091 March 22, 2020 allows telecommuting of the personnel from public and private companies who are strictly responsible for the payment of social security, salary payments, home office support, or any need that is essential to guarantee employers and contractors to continue performing their activities. |
Finland |
The Finnish labour and trade unions proposed several temporary measures to help businesses in the corona crisis. On Friday 20 March 2020, the Finnish Government approved most of the proposed measures. Currently, the measures are in force for a fixed-term of three months. Some of the proposed measures require changes to the current legislation and the normal legislative process will apply, which may take up to several weeks. Among others, the following measures were approved by the Finnish Government:
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France |
An emergency bill to deal with the Covid-19 epidemic was passed yesterday but has not yet been published. By means of Executive Orders, the Government will be able, on the basis of this bill and within three months, to implement new provisions notably on:
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Hong Kong |
Travel Ban on Non-Hong Kong Residents: Today, the Hong Kong Government announced that it will ban non-Hong Kong residents coming from overseas countries or territories arriving at the airport from entering Hong Kong for 14 days starting from 25 March. Non-Hong Kong residents arriving in Hong Kong from Mainland China, Macau and Taiwan who have been to overseas countries or territories in the past 14 days will also be banned from entering. Those who have not been to overseas countries or territories in the past 14 days may enter Hong Kong but will be subject to quarantine orders for 14 days. Proposed Ban on Sale of Alcohol: Today, the Government also announced that it intends to prohibit the sale of alcohol in restaurants, bars and clubs. The exact details and scope of the proposed ban have not been confirmed, but the Government has said it would impact around 8,600 establishments. The Government has not given a targeted effective date but said that the ban would be implemented “swiftly”. Closure of Government Offices: Yesterday, various Government departments announced that they will be closed for varying periods of time in response to the recent new wave of COVID-19 cases. The Immigration Department will provide limited services from 23 March including for urgent application and collection of Hong Kong travel documents, replacement of identity cards and first registration of identity cards for new arrivals to Hong Kong, application of foreign domestic helpers’ visa and extension of stay. The Judiciary announced that the General Adjourned Period, which has been in effect since 29 January, will be extended for two weeks until 5 April. No court hearings will be held except for fresh remand cases at the Magistrates' Courts. The courts may continue to deal with cases on paper if the presiding Judge or Judicial Officer considers them to be urgent and essential court business. Court hearings originally scheduled for 24 March to 5 April will be adjourned and will not be held unless they are urgent and essential as directed by the court. Government Relief Programmes: The Hong Kong government has announced a HK$30 billion relief package to combat the impact of COVID-19. The exact details of the measures have yet to be announced, but they appear to be available only for businesses in the following sectors/groups:
Of the HK$30 billion, it is not clear how much has been ringfenced for guest houses and food/drink service providers. We can provide further updates when details of the measures have been announced. |
Hungary |
The following announcements were made with respect to measures regarding COVID-19 on March 23, 2020:
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India |
Due to the impact of Covid-19 on business, a few companies have reduced / are making arrangements to reduce workforce headcount and/or the salaries of employees. The Ministry of Labour and Employment issued an Advisory to be circulated employers of all public and private establishments under which it is requested that employers of public / private establishments to extend their cooperation by
This is an Advisory so not mandatory to be followed by employers. While not confirmed through any official notification, a few newspapers have reported that the government is planning on providing unemployment benefits to a section of organised workers who may lose their jobs due to Covid-19. Currently, employees in India are not entitled to receive any unemployment insurance / benefits from the government. Gurugram (Haryana): The District Magistrate has ordered (DM's Order) a complete shutdown of all private corporate establishments and factories till 31 March 2020 (except essential services which includes media, medical centres, banking services, telephone and internet services, rail and transportation services, e-commerce of all essential goods (groceries, medical equipment, etc.) and production, transportation and supply chains of the same, IT / ITES and data centres needed for continuity of IT Services to the essential service providers, etc). The DM's Order also permits factories and commercial entities to have security and fire-fighting personnel on-site. Given that the DM's Order has been issued under the powers granted to the State Government under the Epidemic Diseases Act, 1897, it would be mandatory to comply with the directions issued under it (failing which there could be penal sanctions). Karnataka: The Government has issued an advisory to all IT and Biotech companies in in the State to, inter-alia, observe work from home (except for employees working on 'mission critical and essential services'), have in place a self-regulatory mechanism to allow working from home, practice social distancing, maintain hygiene, to put business travel plans on hold, replace face-to-face meetings with video conferencing, etc. As this is structured as an advisory, the same is not mandatory to be followed by employers. Gujarat: The Government has ordered lockdown in the territorial jurisdiction of 5 cities - Ahmedabad, Surat, Vadodara, Rajkot, and Gandhinagar. However, this order is not applicable to certain essential-service providers, such as - groceries stores, hospitals and medical stores, telephone and internet services, rail and transportation services, IT/ITES and data centres needed for continuity of IT Services to the essential service providers, etc. An English version of this order is unavailable. This order on complete lockdown is applicable till 25 March 2020. Rajasthan: The Department of Medical, Health and Family Welfare has ordered a complete lockdown of all public and private establishments. However, this order is not applicable to certain essential services like health and welfare, drinking water, IT services, etc. An English version of this order is unavailable. This order on complete lockdown is applicable till 31 March 2020. Karnataka: The Director of Health and Family Welfare Services has ordered - (a) closure of all shops, commercial establishments, workshops, go-downs dealing with non-essential services; (b) labour-intensive industries to operate at 50% staff-levels, on rotation basis and after ensuring social distancing; and (c) all IT and Biotech units to WFH, except for staff dealing with critical and essential services. This order (issued under the EDA and other laws / regulations) shall remain in effect from 23 March 2020 till the midnight of 1 April 2020. However, essential services such as - food, ration shops, water, bank, telecom, electricity, etc., are excluded from the purview of the restrictions under the order. Haryana: The Health and Family Welfare Department ordered (HDO) a complete lockdown in the territorial jurisdiction of revenue districts of Gurugram, Faridabad, Sonipat, Panipat, Jhajjar, Rohtak, and Panchkula from 22 March 2020 till 31 March 2020. Under the HDO, all shops, commercial establishments, offices and factories, workshops, go-downs etc., shall close their operations. However, this would not cover 'essential services' or private establishments providing such services, or which are linked to the containment efforts of Covid-19. For reference, 'essential services' has been defined to include, inter-alia - electricity, water, bank, food, groceries, hospitals, medical stores, telecom and internet services, etc. National Capital Territory (NCT) of Delhi: The the Health and Family Welfare Department has ordered (NCT Order) a lockdown in the whole territory of NCT from 23 March 2020 till 31 March 2020. In the NCT Order, all shops, offices, weekly bazaars, commercial establishments, factories, workshops, go-downs, etc., have been directed to close their operations. However, certain services / establishments such as electricity, health, water, telecom, internet and postal services etc., are excluded from the applicability of the NCT Order. The NCT Order also requires all persons to stay at home and to come out only for availing basic services within the vicinities of their homes. In this regard, the NCT Order provides that employees of private establishments (including contractual and temporary workers) who are required to stay at home as per the said Order shall be deemed to be 'on-duty' and be paid in full. Jharkhand: The Department of Health, Medical Education & Family Welfare has announced a complete lockdown till 31 March 2020. As per this order all shops, commercial establishments, offices and factories, workshop, go-downs, weekly bazaars etc., shall close their operations. However, essential services like electricity, health, water, telecom, internet and postal services etc, are excluded from the applicability of this order. An English version of this order is unavailable. |
Ireland |
New COVID-19 measures for immigration and travel:
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Italy |
Today a new Presidential Decree has been published in Italy to adopt measures aimed at further containing the spread of the COVID-19. According to the Decree, starting from March 23 and until April 3, there is an obligation to suspend all production and commercial activities. The suspension does not apply in the following cases:
All suspended production activities must follow the following rules:
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Mexico |
Starting March 23, the federal government has closed non-essential activities as part of the Social Distancing Program. The period of closure runs from March 23 through April 20. The Ministry of Labour and the Ministry of Health have also issued a Guide for Employers and Employees (in Spanish). |
Morocco |
As of Friday 20 March at 6 pm, a health emergency status was put in place in Morocco. This means that circulation is restricted and employees can only attend the workplace with a document signed by the employer. The Ministry of Labor has also issued a guide for employees and employers around handling issues such as reduced working hours, sick leaves, holidays, etc. We will post an English version shortly. |
Poland |
The Polish Government has announced details of the anti-crisis package including the Act on Special Arrangements for the Protection of Jobs. This is still in draft law, but may come into force next week. The bill includes new rules on agreeing temporary stoppages/ reductions of working time with employees and state support for employers for salary payments, changes in the rules on medical check-ups for employees, extended time limits for work permit applications and greater flexibility on working time limits. Read our full report here. |
Portugal |
Following the declaration of state of emergency, Decree no. 2-A/2020 was published, comprising several measures to prevent the spread of Covid-19. Among other rules, citizens are now subject to a general duty of isolation, being permitted to circulate on public roads to buy essential goods and attend work only, teleworking is now mandatory (if possible) and companies in the retail sector (excluding those selling essential goods) and pursuing recreational and cultural activities (e.g. clubs, theatres, restaurants, gyms) have been forced to close. Establishments that remain open to the public must observe specific hygiene and safety measures (e.g. min. distance of 2 meters between two people). |
Puerto Rico |
The Governor of Puerto Rico declared a state of emergency on March 12, 2020 and, on March 15, ordered a general lockdown from March 16 to March 30. In essence, no one can be out of their homes. From 5am to 9pm, citizens may get essential goods at supermarkets, pharmacies and gas stations; buy food only through drive-thru, carry-out or delivery; receive medical services; make payments, deposits or withdrawals at financial institutions, pick up someone at the airport and transport the elderly or people with disabilities in need of care. From 9pm to 5am, people can only go out in case of an emergency. Employees performing essential functions to provide the services described above, as well as public and private security officers, garbage management and cleaning personnel, personnel maintaining the electricity, water and communications infrastructure, and transportation providers are allowed to attend their workplaces. This includes employees of suppliers that provide eligible services to exempt industries, pursuant to the terms of Circular Letter No. 2020-02 of the Puerto Rico Department of Economic Development and Commerce. Non-exempted businesses that require their employees to show up at work are subject to a $5,000 fine for each violation; individuals also face six months of prison. The Government is also considering regulations to cancel these businesses’ operating licenses for non-compliance. Cruise ports are closed since March 14. The airports are operating as usual, and passengers started to be questioned and tested for temperature when arriving to the Island on March 18. The Governor has asked the US Federal Aviation Administration (FAA) to suspend all domestic and international flights for 14 days, but the request is still pending. Given that Puerto Rico is a territory of the United States of America, US travel bans (China, Iran, Europe) apply. Subject to the above, each business should determine travel restrictions for its employees, such as cancelling non-essential business travel and requiring a two-week self-quarantine after returning from business or personal travel. For employers that are allowed to open for business, they are required to provide a safe work environment, free of health hazards. The US Center for Disease Control and PR Labor Department recommendations are to promote teleworking, stagger shifts, avoid work in groups and provide protection, such as gloves, masks and hand sanitizer, as well as requiring employees to stay home if they feel sick. Given that a pandemic has been declared, the US Equal Employment Opportunity Commission’s guidelines on the application of the Americans with Disabilities Act apply and allow employers to ask employees if they have COVID-19 symptoms and take their temperature; any medical information from employees must be kept confidential. A medical certification may be required to return to work after the employee has experienced COVID-19 symptoms. US federal labor regulations generally apply in Puerto Rico. Employers in Puerto Rico should pay attention to the bills requiring providing leaves to employees in exchange for tax benefits to employers that have been recently approved or are being discussed in the US Congress. Exempt employees, including those working remotely, must be paid their full weekly salary if they perform any work during the week, even if the productivity is lower. Employers should establish reasonable productivity goals during the emergency. Meanwhile, non-exempt hourly workers must only be paid for the hours they work. If the employer has hourly employees working from home, it must establish timekeeping procedures (paper timesheets, website login, check in and out by email) and make sure the employee complies with overtime and meal period requirements. Additionally, under PR Act 379 of 1948, a non-exempt employee may request a change in schedule, number of working hours and workplace; the employer has discretion to grant or deny it, but must state the reasons. Employees may also use their accrued sick leave if necessary and employees covered by PR Act 180-1998 may also use up to five days of the sick leave to care for partners, children, parents or elderly or disabled persons under their custody. The PR Department of Labor, by means of Labor Secretary Opinion No. 2020-01, encouraged employers to keep paying the employees’ compensation -for example, by approving vacation leave- and reminded that employers are free to provide benefits in addition to the ones required by legislation. A bill (PC 2428) was approved by both legislative chambers and sent to the Governor for her consideration on March 19. This bill would require private employers to provide a 5-day paid special leave to employees who have or are suspected to have COVID-19, after they have exhausted their accrued sick leave and vacation leave. Another bill (PS 1538) requiring private employers to continue paying salary or compensation to employees -including hourly employees- if the business ceased operations due to coronavirus, without charge to any license, was approved by the Puerto Rico Senate on March 16, but it did not pass in the House of Representatives on March 19. The employees affected by business shutdowns or temporary closures may request unemployment benefits through the PR Labor Department’s webpage. |
Romania |
The Government issued an Emergency Ordinance on 20 March, which came into force on 21 March. provides state support for employers in the event of temporary closure / reduction of business, and state support for employees in the event of school closures. Read full details here. |
South Africa |
A new notice has been issued by the Compensation Fund regarding Compensation for occupationally-acquired Novel Corona Virus Disease (COVID-19). Employees who contract COVID-19 in the course and scope of their employment can claim from the compensation fund as opposed to claiming from their employer, in accordance with the Compensation for Occupational Injuries and Diseases Act, 1993 (“COIDA”). In order to be eligible to make a claim, an employee must be able to show the following:
In terms of the COIDA, employees do not need to prove fault in order to succeed in a claim, they merely need to prove that the disease was contracted in the course and scope of their employment. |
Spain |
The Government has announced that the state of emergency will be extended for 15 more days until 11 April. This is still to be approved by the Spanish Council of Ministers. |
Ukraine |
As of 1200, March 24, all tourist flights are prohibited into and out of Ukraine. All passenger flights, which are performed not through Boryspil International Airport, will be prohibited. This applies exclusively to passenger traffic. As of March 23, an emergency situation was introduced in Donetsk, Ternopil and Cherkasy region by Cabinet of Ministers of Ukraine (relevant decisions have previously been taken by the regional commission on techno-ecological safety and emergency situations). As of March 20 an emergency situation was introduced in Dnipropetrovsk, Ivano-Frankivsk, Donetsk regions and in the city of Kyiv. The legal implications are different from an emergency state (when certain citizens' rights may be restricted). The Commission on Techno-Ecological Safety and Emergency Situations of Kyiv City Council took additional measures to limit the impact of the coronavirus epidemic, inter alia:
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US |
Federal: Families First Coronavirus Response Act: The Families First Coronavirus Response Act (the “FFCRA”) was signed into law by President Trump on March 18, 2020, goes into effect on April 2, 2020 and expires on December 31, 2020. The FFCRA requires employers with fewer than 500 employees to provide COVID-19-related paid sick and family leave to eligible employees. The FFCRA provides for 80 hours of paid sick leave for eligible full-time employees and reduced amounts for part-employees, and expands the federal Family and Medical Leave Act to cover leave to care for a child if the child’s school or place of care has been closed, or the child care provider of the child is unavailable, due to a public health emergency. To help offset the costs associated with these new paid leave requirements, the FFCRA provides for various capped employer payroll tax credits. EEOC Guidance: On March 19, 2020, the U.S. Equal Employment Opportunity Commission updated its Pandemic Preparedness in the Workplace and the Americans with Disabilities Act publication (available at https://www.eeoc.gov/facts/pandemic_flu.html). The EEOC originally issued that guidance in October 2009 during the spread of the H1N1 virus, and confirmed that it was applicable to the coronavirus pandemic in early March 2020. The updated version now includes specific references to COVID-19 and its impacts on various employment-related matters. The EEOC guidance makes clear that while the Americans with Disabilities Act (ADA) remains in effect, it does not interfere with employers following advice from the CDC and other public health authorities on appropriate steps to take relating to the workplace. So, for example, employers may know take employees’ body temperatures to determine whether someone has a fever, which would normally be considered a prohibited medical test under the ADA (the information remains subject to the ADA’s confidentiality protections). The guidance also makes clear that employers may send home employees with COVID-19 or symptoms associated with it (e.g., a fever). Guidance on Identifying Essential Workers: On March 19, the Cybersecurity and Infrastructure Security Agency of the federal government issued guidance to support state, local, and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and need to be able to operate resiliently during the COVID-19 pandemic response. This document gives guidance to state, local, tribal, and territorial jurisdictions and the private sector on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions. Illinois: Illinois incorporated the recommendations in the “stay at home” Orders issued Governor Pritzker on March 20. It is anticipated that most, if not all, Governors who issue such orders will do the same. |
20 March update |
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Australia |
The Australian Government has provided further rules on indoor gatherings, with an arrangement that there be four square metres provided per person in an enclosed space. For example where the enclosed premises is 100 square metres, 25 people are allowed in the room. The Australian Government is providing $444.6 million of additional funding to support aged care facilities. The Federal Budget has been delayed from May until October. Non-essential (non-medical/health, police and educational staff) travel into remote Indigenous communities has now also been banned. Australian banks have agreed to defer existing loan repayments for six months for small businesses impacted by COVID-19. Businesses need to register with their banks to access the deferral. The states of Queensland and Tasmania have imposed additional travel restrictions, effectively quarantining those states from the rest of Australia. |
Belgium |
The Federal Minister of Work announced this afternoon that during the quarantine measures taken by the Federal Government, a new and automatic process for application of temporary unemployment will apply, called the “coronaprocedure”. This procedure would apply to all employee categories (blue-collar or white-collar), and would automatically apply as of notification of the temporary unemployment to the national employment agency ONEM/RVA. There would also be no need to submit a justification file, to demonstrate the impossibility to work. Further, employees enrolled in this new coronaprocedure would be eligible for increased unemployment allowances paid by the ONEM/RVA, i.e. an extra 5,63 EUR per day. More details on this new procedure will follow soon. All non-essential travels, both travels abroad as within the Belgian border, are now banned until further notice. Self-employed people who are in financial difficulties due to the COVID-19 outbreak can apply for payment facilitations vis-à-vis the social security authorities, i.e. extension of deadlines for payment of social security contributions, remission of some specific contributions, temporary reduction of contributions, etc. The Flemish Government will pay a one-time premium of 202,63 EUR to all employees with residence in the Flanders region, and who took up temporary unemployment due to the COVID-19 outbreak. This extra premium will be automatically paid to all concerned employees, ans is aimed at supporting the concerned employees in paying for their energy and water bills during their temporary unemployment. |
China |
Shanghai announced that from 20 March, 2020, Australia, Malaysia, Greece, Czech Republic, Finland, Qatar, Canada and Saudi Arabia were added into the list of restricted countries, from which people arriving into Shanghai shall be under home quarantine or central quarantine for 14 days. (Previous restricted country list for Shanghai: South Korea, Italy, Iran, Japan, France, Spain, Germany, the United States, the United Kingdom, Switzerland, Sweden, Belgium, Norway, the Netherlands, Denmark, Austria.) |
Colombia |
The closure of the Colombia’s main airport has been confirmed as of March 23, 2020. Only cargo flights will be able to arrive and depart the country, considering the special needs for the Colombian citizens to be provided with food and health essentials needs. Flights who will transport foreigners that plan to go to their countries will be allowed to leave. Bogotá’s curfew started as of March 19, 2020 at 23:59 up to March 23, 2020 at 23:59. Ministry of Healthcare and the Ministry of Commerce, Industry and Tourism issued a Resolution ordering the closure of all the business, commercial, recreation, leisure, gambling or video games establishments. Hotel and food services are exempted from this restriction. This order will be effective until April 15, 2020. |
Germany |
Bavaria has announced further restrictions to leave the house as of tonight. People are allowed to leave the house only for substantial reasons, such as work, see a doctor, food shopping, sport/walk outside (but only alone or with members of household). All restaurants have to close, except for food deliver or take away. |
Hong Kong |
The Labour Department appealed to employers to have early discussions with employees on flexible arrangements concerning the Ching Ming Festival holiday on April 4. Employers may give prior notice to employees in accordance with the Employment Ordinance to arrange for them to take an alternative holiday within 60 days before or after the statutory holiday. With the mutual consent of the employer and the employee, any day within 30 days before or after the statutory holiday or alternative holiday can be taken by the employee as a substituted holiday. |
Hungary |
The following new regulations shall be applicable as of 20 March, with respect to COVID19 coronavirus epidemic:
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India |
In his speech on the evening of 19 March, the Prime Minister urged State Governments to take measures to impose an all India curfew on 22 March (Sunday) between 7 a.m. to 9 p.m. Pune (Maharashtra): to prevent mass gatherings of 5 or more persons, the District Collector has ordered the closure of shops, service establishments, shopping complexes, malls, supermarkets, educational institutions, etc. where 5 or more persons could be gathered in private or public places. However, this order would not apply to certain types of establishments such as, media houses, government offices, transportation, hospitals, medical shops, etc. Establishments including those in the Information and Technology sector which cater to “critical national and international infrastructure” have also been excluded from this order – however, such establishments would need to specifically communicate to the District Collector regarding their need to remain open. Mumbai: The Municipal Commissioner, Greater Mumbai has issued a direction to identify roads in the city on which all shops and commercial activities should be closed on alternate days. Under the direction, the Assistant Commissioners in North Mumbai, South Mumbai and 'A' ward have issued further orders identifying specific roads in their respective jurisdictions, which should be closed on alternate days (with effect from 19 March). These notifications require all shops and establishments except:
to remain closed on designated days of the week. While the term 'establishments' used in these notifications could be interpreted to include even corporate offices, municipal authorities in Mumbai are taking a view that the three notifications would not apply to IT companies and is limited to shops, malls, street hawkers, hotels, etc. |
Indonesia | The Head of the Jakarta Special Capital City Province (DKI Jakarta) Manpower, Transmigration and Energy Agency (Disnakertrans) has issued a Circular Letter on The Call to Work From Home (Circular Letter 14/2020) which urges company leaders to temporarily suspend business activities, or temporarily reduce some parts of their businesses e.g, employees, working hours and operations, unless they cannot halt their business activities, because they are directly related to health services, staple foods or the supply of fuel.
Employers are expected to involve their employees in deciding on and implementing the above measures. In addition, employers must report the measures they take to the Disnakertras and the Disnakertrans regional office in the DKI Jakarta Area although Circular Letter 14/2020 does not impose any sanction for failure to do so.
On 17 March, the Ministry of Manpower issued Circular Letter on the Protection for Employees and Business Operations with respect to the Prevention and Handling of Covid-19 (Circular Letter 3/2020). Circular Letter 3/2020 mainly instructs Governors all over Indonesia to take preventive measures against the spread of the Covid-19 pandemic, including among others the following:
Updates on information regarding the pandemic in Indonesia can now be accessed in an official website provided by Indonesian Government (Indonesian Language). |
Malaysia |
The Ministry of Human Resources (MOHR) clarified statements made on 19 March in relation to the payment of salaries during the Movement Control Order (MCO) period and insisted that employers are obliged to pay salaries during this period. The MOHR also stated that this obligation includes employees falling outside the scope of the Employment Act. Employees who are unhappy about being placed on mandatory unpaid leave have been asked to lodge complaints, which will be investigated following the cessation of the MCO period. |
Philippines |
The Department of Labor and Employment (DOLE) has issued the following Department Orders and Labor Advisories: Order No. 209 (DO 209) dated 17 March:
Labor Advisory No. 12 dated 18 March:
A memorandum has been published clarifying/modifying the 16 March Memorandum by the Executive Department:
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Spain |
The Labor Ministry has issued guidelines that the local labour authorities must follow to apply the temporary suspension of employment contracts/reduction of working hours extraordinary measures. In particular, clarification on when the situation should be considered a “force majeure” one. |
Taiwan | The Taiwan Central Bank cut interest rates by 25 basis points down to 1.125% as a pre-emptive measure. The government announced that TWD 100 billion in stimulus money was allocated and additionally TWD 110 billion was allocated for tourism and airline industries specifically |
US |
Federal: The Department of Homeland Security (DHS) announced today that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. However, employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2. Employers also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. These provisions may be implemented by employers for a period of 60 days from the date of this notice OR within 3 business days after the termination of the National Emergency, whichever comes first. Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the employers. Once normal operations resume, all employees who were onboarded using remote verification, must report to their employer within three business days for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting point for these employees only. This provision only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis. Additionally, employers may designate an authorized representative to act on their behalf to complete Section 2. An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf. The employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.” California: The State Public Health Officer and Director of the California Department of Public Health is ordering all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction, including housing construction. Read more on the State Government's website here. |
UK |
The Chancellor announced a "Coronavirus job-retention scheme" under which the Government will issue grants to employers to cover the wages of employees placed on furlough and kept on the payroll as a result of the Coronavirus crisis. The funding will cover 80% of an employee's salary up to £2,500 per month. The Government has published a list of key workers whose children will be provided with educational provision following the school closures today. Employers may be asked to provide confirmation that a worker is a key worker. |
19 March update |
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Australia |
The Government announced a travel ban on all non-residents coming to Australia, effective 9pm Friday 20 March. No end date for the measure was given. The Reserve Bank of Australia cut the official cash rate to a historic low of 0.25% in an effort to soften the economic implications. Australia’s national airline, Qantas, stood down two thirds of its workforce. The Australian government announced a $715 million airline rescue package as part of its second round of financial stimulus. Pharmacists have also been told to limit the sale of certain medicines to curb panic buying. Pharmacists will be required to limit dispensing of certain prescription products (such as asthma and insulin products) to one months’ supply at the prescribed dose, and sales of certain over-the-counter medicines to a maximum of one unit per purchase. |
Brazil |
Rio de Janeiro and São Paulo declared a state of emergency and all schools are closed. The municipality of São Paulo recommended to close all shopping centers, malls, gymnasiums and fitness centers next Monday. The Ministry of Economy said yesterday that a Provisional Measure is under discussion to bring more flexibility to companies ie - allow companies to grant collective vacations with less formalities (no need to notify the unions two weeks before the starting date. 48 hours’ notice will be accepted), and FGTS deposits would be suspended for 3 months. |
Canada |
Canada-wide: The 1 week waiting period for Employment Insurance has been waived for individuals in imposed quarantine that claim Employment Insurance sickness benefits The requirement to provide a medical certificate to access Employment Insurance sickness benefits has been waived An Emergency Care Benefit has been introduced to provide up to $900 bi-weekly, for up to 15 weeks. Application for the Benefit will be available in April 2020, and require Canadians to attest that they meet the eligibility requirements An Employment Insurance Work Sharing Program has been implemented, which provides Employment Insurance benefits to workers who agree to reduce their normal working hour as a result of developments beyond the control of their employers, by extending the eligibility of such agreements to 76 weeks, easing eligibility requirements, and streamlining the application process. Effective March 18, 2020, international border crossings to Canada have been closed to all non-Canadians, except for Americans that are crossing the border to engage in essential services. The definition of “essential services” is currently being clarified. Alberta: Legislation has been passed to create a 14 day unpaid Quarantine Leave entitlement. Read more here. Note: In yesterday’s update, we reported that the Alberta government was considering a 14 day paid leave entitlement. The Alberta government ultimately decided to provide for a 14 day unpaid leave entitlement. Ontario: As a result of public emergency declaration on March 17, 2020, employees may be eligible for statutory Emergency Leave, Declared Emergencies under section 50.1 of the Ontario Employment Standards Act, 2000. That statutory leave is available, without pay, if the employee will not be performing the duties of his or her position because of an emergency, and is subject to several other conditions. Employers are increasingly considering the use of Supplementary Unemployment Benefit Plans to top up employee Employment Insurance benefits in the event of layoffs and illness |
China |
Beijing: Yesterday we reported that, with prior approval, individuals arriving from overseas who: are elderly, young, pregnant, have a chronic disease and those who have a residence inside China where they live alone, may apply to be quarantined at home. As of 19 March, those living alone will no longer be able to apply for home quarantine. Those who do qualify for home quarantine must apply before entry into China (if they do not apply in advance, they will be isolated in the location assigned by the government before getting approval for home quarantine). If a person arrives into China via another city, they must report their return to their employer and community in advance. A person who hides their overseas travel could be subject to criminal penalties. Shanghai: People arriving into Shanghai from a list of restricted countries may choose to be under home quarantine or central quarantine for 14 days. |
Colombia |
Bogotá’s Mayor has drafted a Decree in which as from Friday March 20, 2020 until the end of Monday 23 of March 2020, citizens from Bogotá will only be able to transit for basic and specific needs. Moreover some other departments are considering the curfew during the weekend. The National Government will restrict the entrance of international travelers as from March 23, 2020 and for 30 calendar days. |
Czech Republic |
The Czech government declared a nationwide quarantine effective on 16 March 2020. Movement is only allowed to attend work, get provisions and for essential visits to family. As of 19 March 2020, it is prohibited to go out anywhere in public without a mouth and nose covering. Shops may only serve customers aged 65 and over between 10 am and noon. The Government is working on the state aid package for business. It will very likely include a compensation of salaries paid by employers affected by Covid-19. We expect details to be announced soon. |
Germany |
Chancellor Angela Merkel addressed the German people on TV yesterday for the first time ever aside from Christmas eve. She stressed that everyone needs to stay home as much as possible and stick to the general recommendations (keeping distance etc). So far Germany, however, has not issued any curfew (except for two small villages in Bavaria), but this may come if people do not follow the recommendations. The German government has announced support for self-employed people and very small businesses with EUR 50bn. |
Hong Kong |
Schools remain closed with a tentative re-open date of 20 April 2020, but the Government has confirmed it is unlikely schools will re-open at this point. No further mandatory closures of shops or restaurants are currently in effect and Government offices and courts have re-opened. The Government announced a HK$30bn relief package, aimed predominantly at industries such as retail, food and drink, transport, arts and culture and tourism and at Covid-19 combat measures (such as mask production and support for hospitals). From midnight on 19 March 2020, anyone entering Hong Kong from overseas (except Taiwan or Macao) will be subject to 14-day home quarantine orders, regardless of whether they are Hong Kong residents. Travellers from Daegu and Gyeongsangbuk-do in Korea, Iran, and the Emilia-Romagna, Lombardy and Veneto regions of Italy will be quarantined in a government centre. |
Hungary |
The following measures are applicable as of 19 March. These employment-related provisions temporarily override the provisions of the Labour Code and shall apply until 30 days after the end of the state of danger:
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India | In Mumbai, municipal authorities have directed all the establishments providing ‘non-essential services’ to function with only 50% of the workforce. As per the direction, the following types of establishments would be considered as providing ‘essential services’ – drinking water, sewerage services, banking services, telephone and internet services, rail and transportation services, food, vegetable and groceries, hospitals, medical centres and medical stores. In Gurugram, the District Magistrate has advised all MNC, IT Firms, industries, BPO’s, corporate offices, to allow their employees to work from their home till 31 March 2020. Similarly, in Pune, the District Collector has advised employers of establishments, such as IT / Software / ITES and other establishments, to take a decision on allowing their employees to work-from-home (if the same does not impact the business productivity). The circular is in effect till 31 March 2020 |
Ireland |
The Irish Government announces details of the COVID-19 Employer Refund Scheme. Over 140,000 employees have been laid off to date as a consequence of the COVID-19 crisis. Earlier this week the Irish government announced that they would be introducing a COVID-19 Pandemic Unemployment Payment of €203 per week, for employees who are temporarily laid off. At the time the new payment was announced, government indicated that its preference would be that the new payment would, as far as possible, be made via employer payrolls. In support of this approach the department said it would introduce a refund scheme for employers who kept workers on their payroll during the period of a temporary lay-off. The government has now announced that the Revenue Commissioners will be implementing the refund system on the department’s behalf. Under the arrangement developed with Revenue, employers who have to temporarily lay-off staff and who are not in a position to make any wage payment to them, are asked to keep their employees on the payroll and pay them an amount of €203 - the equivalent of the COVID-19 Support Payment. When they submit payroll returns to Revenue via their payroll provider, Revenue will refund the employer the €203. This will be welcome clarity for Irish employers about the mechanism for repayments who are faced with the challenging prospect of laying off staff due to the impact of COVID-19. |
Malaysia | The Human Resources Minister (“HR Minister”) announced on 19 March 2020 that employers are required to continue to pay workers’ salaries and related allowances during the MCO period, save for allowances related to attendance or travel. The HR Minister also said that employers cannot force workers to utilise their paid annual leave entitlements, or to take unpaid leave during the MCO period. The statements by the HR Minister have caused some confusion, as many employers have announced the implementation of measures such as temporary pay-cuts and mandatory annual leave or unpaid leave. The position also is inconsistent with other announcements previously made by the government. In particular, on 16 March 2020 the Prime Minister announced that a special MYR600/month payment would be made for up to 6 months for employees who have been forced to take unpaid leave. |
Netherlands |
THIS HAS BEEN SUPERSEDED BY THE 1 APRIL NOW REGULATIONS - SEE 1 APRIL UPDATE FOR MORE DETAILS On 17 March the Dutch government announced changes to existing short time working arrangements. The eligibility criterion will be a decline in revenue of at least 20%. Although this has not yet been confirmed, it seems that there will be no need to specify per employee a decline in work, as the decline in revenue will be the main factor. Employers will receive funding of a maximum of 90% of their salary costs, which is linked to the actual decline in revenue. So if there is a 100% decline in revenue, the funding will be 90% of the salary costs. If there is a 50% decline in revenue, the funding will be 45% of the salary costs. If there is a 25% decline in revenue, the funding will be 22,5% of the salary costs, etc. It is not yet clear if “salary costs” are the actual salary costs (including variable pay) or if this is capped to the maximum daily wage (which was the case with the previous short time working arrangement). The arrangements are also not clear on the pension premiums that are due for employees. The employer’s pension contribution is usually not covered by the term “salary” and therefore it is likely that the employer will need to continue to pay this contribution and that the employer will not be compensated for this by the government. It is not clear whether the government’s funding will include the employee’s pension contribution. The amount of pension premiums that are due may be very large. What can employers do if they are not able to pay these premiums?
The government aid will have retroactive effect to 1 March 2020. The government aid will apply for a period of 3 months. Potentially, an extension of 3 months can take place (requirements for this are not yet clear). It will be possible to request part (80% of the salary costs related to the expected decline in revenue, see above) of the funding upfront. For applications for funding above a certain amount (the amount itself has not been published yet), a declaration of an accountant may be required. After the 3 month period, the actual decline in revenue will be determined, after which either the employer will receive more funding or the employer will have to pay part of the received funding back to the government. Moreover, it will not be possible to implement redundancies during the 3 month period. Currently it is unclear what the application will entail, what the process will be, what the condition of “no layoffs” exactly means, etc. It is also not yet possible to actually apply and everyone is awaiting for the details to be published. We will update as soon as we know more. |
Philippines |
Department of Labor and Employment (DOLE) have issued the following Labor Advisories:
The Government has imposed an Enhanced Community Quarantine over the island of Luzon effective midnight on 17 March to midnight on 13 April 2020 which involves, among other things, that strict home quarantine shall be observed; movement limited to accessing basic necessities. The only businesses allowed to remain open are those that relate to health services (hospitals, clinics, pharmacies), food preparation services (restaurants catering to take out food), food markets (supermarkets, groceries, wet markets), banks, money remittance centers, and BPOs. Even outside of Luzon, other local government units are also imposing their own lockdown/quarantine measures. |
Poland |
We are waiting for full details of the Government's anti-crisis package, but from the announcement yesterday, some of the general principles relevant to employers include:
We will update on the detail as soon as it is available. |
South Africa |
In an effort to curb the spread of COVID-19 and promote social distancing, the employment tribunal in South Africa, the Commission for Conciliation, Mediation and Arbitration (CCMA) has issued an urgent directive in terms of which all face-to-face processes that were set down from 18 March 2020 to 14 April 2020 have been postponed and only processes that can be conducted via telephone will continue during this period. The Labour Court has taken a similar approach in that until 14 April 2020 no new matters may be enrolled for hearing save for urgent matters. Parties may also agree to a postponement if they have matters enrolled for this period. Click here for an interview that Monique Jefferson, Director of Employment and Data Protection at DLA Piper South Africa, gave on national TV regarding COVID-19 in the context of employment |
Spain |
In Spain, the labour inspectorate has issued guidelines that its inspectors must follow to apply existing health and safety regulations during COVID-19 situation. The criterion will vary depending on the sector activity and, in particular, on the extent to which employees have a professional risk of exposure to virus – i.e. health care, laboratory and funeral sectors – or not. |
18 March update |
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Australia |
No directives have been issued by the Government to close any businesses at this time however any non-essential indoor gatherings of greater than 100 people (including staff) will no longer be permitted. The Government is monitoring the continued operation of bars, restaurants, cafes and cinemas. No international travel to be undertaken by Australians and all Australians overseas are advised to return now. AU$17.6 billion investment incentives for business including accelerated write offs, subsidies of up to 50% of wages to retain apprentices and trainees and limited subsidies for wages paid by small businesses. |
Belgium |
Simplification of the application process for temporary unemployment for economic reasons for white-collar employees The Belgian National Labour Council adopted a new national collective bargaining agreement (CBA no. 147) to simplify the procedure for application of temporary unemployment for economic reasons for white-collar employees. The CBA no. 147 is applicable for a definite duration, i.e. until 30 June 2020 (with possibility to extend). Before adoption of the CBA no. 147, one of the legal routes for having recourse to temporary unemployment for economic reasons for white-collar employees was to first obtain recognition as “company in difficulties” by the Federal Minister of Work. This was however only possible if the temporary unemployment for economic reasons was permitted by a CBA concluded at sector-level, or, in absence thereof, by a CBA concluded at company level or if a so-called “company plan” (“plan d’entreprise”, “ondernemingsplan”) was approved by the labour authorities. For employers which do not pertain to sectors with such a sector-CBA in place, the step to have a company-CBA or approved company plan in place is often time-consuming and burdensome, because it requires preliminary negotiations with the unions (for concluding a company-CBA), or preliminary approval by the authorities (if a company plan is submitted). With the introduction of the CBA no. 147, however, such employers can now skip this burdensome step, and base their application for recognition as a “company in difficulties” on the CBA no. 147. Postponement of social elections process: The social partners agreed that all steps after the ultimate date to submit the final list of candidates (on so-called “day X + 35”, between 17/03 and 30/03, depending on the date on which the elections would have taken place in May) are suspended until further notice. It would not be possible to submit candidacies after this date. The social elections, which would normally have taken place in the course of the month of May of this year, are postponed till after the summer months, on dates which are still to be confirmed. For the time being, the exact consequences of this postponement are not entirely clear, but further details will be confirmed in due time by the social partners. |
Most labor courts in Brazil are closed and all hearings suspended until the end of March. Federal Law 13,797-2019, enacted to regulate some aspects related to COVID19, provides that Companies may be required to share information with public authorities to assist identifying the cases of individuals infected or suspected to have COVID19. Federal law 13,979 provides measures that shall be taken in case of emergency and self-isolation. Article 3 provides that employers must pay salaries during the isolation period. However the employer may negotiate with the employee that the hours not worked may be compensated in the upcoming months (i.e. the employee may be requested to work 2 additional hours per day) The Ministry of Economy Paulo Guedes said on 17 March that the economic team is studying the feasibility to allow companies to suspend the employment agreements for 60 months and employees to have access to the unemployment insurance during such period. The feasibility still under discussion. Home working is highly recommended since article 7 of Brazilian Federal Constitution provides that the employee have the right to work in a health and safe place and the employer is responsible for providing a safe and health place to work. In case of noncompliance and if the employee tests positive for COVID19 the employer may be deemed responsible and pay additional indemnifications in case of a future labor claim. |
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Canada |
Ontario: The province of Ontario has proposed to introduce legislation that, if passed, would immediately provide job-protected leave to employees in isolation or quarantine due to COVID-19, or those who need to be away from work to care for children because of school or day care closures. The proposed legislation would also make it clear that an employee will not be required to provide a medical note if they take the leave. The measures would be retroactive to January 25, 2020, the date that the first presumptive COVID-19 case was confirmed in Ontario. Ontario has also declared a state of emergency until March 31, 2020. As a result, many non-essential establishments are required to close immediately. Additionally, all organized public events of over 50 people are prohibited, including parades, events and communal services within places of worship. Alberta: The province of Alberta has proposed to introduce legislation that, if passed, would allow employees to take 14 days of paid, job-protected leave if they are required to self-isolate or sick or caring for a loved one with COVID-19. To be eligible, employees will not be required to have a medical note and do not need to have worked for an employer for 90 days. Alberta has also declared a state of emergency. As a result:
British Columbia: The province of British Columbia has also declared a state of emergency. As a result:
Quebec:
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China |
Beijing now requires all individuals arriving from abroad to be isolated in a location assigned by the government for 14 days. With prior approval, individuals who are elderly, young, pregnant and patients with chronic disease and those who have a residence/apartment inside China where they live alone, may apply to be quarantined at home. |
Colombia |
As of today Colombian President declared a state of economic and social emergency. This statement allows the President to issue Law Decrees without Congress approval. The Ministry of Labor issued a Newsletter for employment protection. The document encourage the employers to promote: (i) home office (less restricted than telework), (ii) authorize telecommuting/telework, (iii) flexible working schedules, (iv) grant employees with paid leave, (v) grant vacation to employees (employer may also inform employees to go on advanced vacation in case due to their tenure they have not accrued the legal vacation) . Regarding immigration matters, the Government has closed the boarders and restricted all the foreigners access except for Bogotá’s international airport, through which only Colombian nationals and foreigners with resident or migrant visa will be able to enter the country. Bogotá’s Mayor is planning to issue a decree to order mandatory isolation of all citizens. This decree is being discussed and it should be issued tomorrow by close of business. |
Finland |
A list of proposals aimed at easing the situation of companies has been agreed by the Finnish labour organizations. The organizations are jointly proposing to the government of the country measures for changes in labour legislation and relief to the burden of payment on companies. These measures will reduce the cost of employment, make labour legislation more flexible and improve social security for employees who have been dismissed or laid off. The measures include reliefs to, inter alia, co-operation obligation, redundancies, layoff periods and employer’s pension contributions. In order for the proposals to come into effect, the Finnish Government must ratify them. |
France |
Closure of child care, schools, colleges, universities until further notice. Closure of all establishments open to the public and not essential to the life of the Nation until 15 April 15 2020. Restriction to the freedom to move: it is permitted to go out of the domicile for limited reasons:
For these strictly limited cases, any individual shall be able to present to the police a dedicated form mentioning the reason of their move, failure to which a fine of EUR 135 may be delivered by the police. |
Germany | The German secretary of foreign affairs has issued a global travel warning. While this is not an “official” warning yet and thus it is mainly relevant for private travels only, employers must also consider even more carefully whether to ask employees to travel to other countries. No business trips should be undertaken to “high risks areas as specified by the German Robert-Koch-Institut |
Hungary |
Following measures have been announced as of 18 March:
No home detention is envisaged as of yet, but this may change in the future. |
Ireland |
The Cabinet Committee on Covid-19 has approved emergency legislation to support the national response to the pandemic. The “Health (Preservation and Protection and other Emergency Measures in the Public Interest) Bill 2020” (the “Bill”) is due to go before the Dáil on Thursday, 19 March 2020. Certain sections of the legislation will be retrospective and deemed to have come into operation from 9 March 2020. The Bill provides for a range of powers designed to limit the spread of Covid-19. The government has stated that “these changes involve a significant Exchequer cost but are necessary to support the public health objective of ensuring people who need to self-isolate do so”. Powers provided for in the Bill include:
Taoiseach, Leo Varadkar, made a special Ministerial address to the Nation on 17 March 2020. In his address he stated that the government has, to date, signed off a €3bn package for health, social welfare and business and it will take further action if needed. He said that this the calm before the storm and that “the surge” will come, adding that the disruption to Irish citizens’ lives could last into the Summer months. The government is moving to put in place systems to ensure that the elderly, and those who have long-term illnesses, who may be asked to stay home for several weeks will have access to food and supplies. The Taoiseach called for calm and encouraged citizens to take care of their mental health. |
Italy |
The Government has issued a new Decree Law “Cura Italia”, providing for measures for employers who suspend or reduce their activities due to Covid-19. Employers can benefit from Ordinary Wages Guarantee Fund (“Cassa Integrazione Ordinaria – CIGO”) and Ordinary Allowance for a maximum period of nine weeks between 23 February 2020 and August 2020, for employees in employment at 23 February 2020. The normal procedure under Italian law does not need to be respected, but trade union information and consultation, as well as the joint assessment, shall be carried out within 3 days from the application, even by telematic mode. The application shall be submitted by the end of the fourth month following the month in which the period of suspension or reduction of activities began. The ordinary allowance for Covid-19 is also available to employees of employers registered in the Salary Integration Fund who employ on average more than 5 employees. The CIGO can also be obtained by employers who are in the Extraordinary Wage Guarantee Fund (“Cassa Integrazione Straordinaria – CIGS”) and it replaces the CIGS for a maximum period of nine weeks between 23 February 2020 and August 2020. The CIGO is only granted after the suspension of the CIGS. The Ordinary Allowance can also be obtained by employers who have an ongoing Solidarity Allowance. The Ordinary Allowance replaces the Solidarity Allowance for a maximum period of nine weeks between 23 February 2020 and August 2020. The Decree also provides that employers can benefit from Exceptional Ordinary Wages Guarantee Fund. It may be granted by the Regions and Autonomous Provinces to employers, without regards to the number of employees, for whom CIGO does not normally apply. For employers employing more than 5 employees, an agreement is required, which can also be carried out by telematics mode, with the most representative trade unions at national level. Furthermore, starting from 5 March 2020, the Decree provides for employees with children under the age of 12 years, alternatively, 15 days of leave (to be used continuously or fractionally and divided alternatively by the parents) or a bonus for the purchase of baby-sitting services for a maximum of Euro 600. The bonus is paid through the Family Booklet (“Libretto Famiglia”). During such leave, the employee is entitled to an allowance equal to 50% of the salary as well as to the figurative contributions. In order to obtain the leave or bonus, within the family the other parent must not receive any income support benefits provided for suspension or termination of the employment activity or he/she has not to be unemployed or non-working. The age limit of 12 years shall not apply to children with disabilities or in a situation pursuant to Law no. 104/1992 enrolled in schools of all levels or housed in care centers. Any periods of parental leave taken from March 5th 2020 shall be automatically converted into Covid-19 leave and shall not be considered or indemnified as parental leave (operational details shall be defined by National Institute for Social Security Service - INPS). Furthermore, employees with children between the ages of 12 and 16 have the right to abstain from work for the period of suspension of the educational services for children and educational activities of all levels, without payment of indemnity or notional contribution, with no possibility to be dismissed. Please note that in the family, the other parent must not receive any income support benefits provided for suspension or termination of the employment activity or he/she has not to be unemployed or non-working. With reference to the period of quarantine, active surveillance or fiduciary house surveillance please note that, according the Decree of March 17th 2020, such period is equated to the sick leave with reference to the indemnity provided in case of sickness but it cannot be taken into account for the period during which a sick worker cannot be dismissed (so called “periodo di comporto”). Please note also that until April 30th 2020, for employees with serious disability pursuant to Law no. 104/1992 and employees with certification issued by the competent medical authorities certifying a risk condition deriving from immunodepression or oncological pathologies or life-saving therapies, the period of absence from work ordered by the health authorities is considered equivalent to the illness for Covid-19. Furthermore, employees suffering from serious and proven pathologies, with reduced working capacity, have priority in accepting applications for homeworking. In addition, until April 30th 2020, employees who are disabled pursuant to art. 3, paragraph 3, Law 104/1992 or who have a disabled person in their family pursuant to art. 3, paragraph 3, Law 104/1992, have the right to work from home, unless homeworking is incompatible with the nature of their work activity. The Decree also provides that collective dismissals procedures cannot be carried out and procedures started after February 23rd 2020 - currently pending - are suspended both for the next 60 days. During the same time period the employer shall not be allowed to make any individual dismissals for justified objective reasons. |
New Zealand |
The Government has announced a NZD12.1 bn package to cushion the economic impact of the pandemic. The main components are:
Full alert details to follow. |
Poland |
New legislation entered into force in Poland on 8 March which contains new rights and duties on employers. An amendment to the law which addresses many of the employment issues has been submitted to the upper house of the Polish parliament. The final wording of the amendment and the date when it will enter into force are not yet known. Key provisions include:
Full alert details to follow. |
Portugal |
A Ministerial Order was published regarding the simplified lay-off regime which consists of compensation for companies in business crisis due to Covid-19, corresponding to 2/3 of the salary of each employee, up to 3 times the minimum national wage (EUR1905), to be supported by Social Security (70%) and the employer (30%), up to one month, renewable monthly up to 6 months. This measure applies to companies facing total closure of activities or reduction of turnover of at least 40% in a 60 day period prior to submission of the application compared to the same period in the previous year. The company must present a statement and a certificate from a certified accountant confirming these circumstances. A state of emergency has been declared and new measures will be announced. |
Spain |
The new Royal Decree 8/2020, of 17 March, of extraordinary and urgent measures aimed at facing the economic and social impact of COVID-19 sets out certain specific employment- related measures. The most relevant changes are the following:
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