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Old 14.05.2020, 12:20
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Re: COVID-19 and legality

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I’d like to ask for opinions on the obligations and duties of an employee, during these Corona times. This is for work that can only be done at the place of employment, so no work-from-home possible.

There’s a ordinance called: Ordinance on the prevention of accidents and illnesses at work. Article 11 is about that «Duties of the employee». In paragraph 3, it says: The employee may not put himself in a condition in which he endangers himself or other employees.

Here’s the text
in German: https://www.admin.ch/opc/de/classifi....html#id-1-2-2
in French: https://www.admin.ch/opc/fr/classifi....html#id-1-2-2
in Italian: https://www.admin.ch/opc/it/classifi....html#id-1-2-2

In this case, a specific employee, who is not in a risk category, believes that the whole Corona crisis is overrated and that people don’t get sick and die nearly as much as the media hypes it, and anyway that he is invulnerable. Consequently, in his private life, he does not adhere to the health measures defined by the BAG, considering them to be an absurd lot of nonsense.

He has made his views known honestly, and has said he would be willing to wash his hands upon arrival at work if specifically required to do so, and would also submit to maintaining 2m distance from other persons at work, if they insist.

Our question is about what he does in his private life. On one hand, that’s none of the employer’s business, nor that of his colleagues. On the other hand, through his behaviour outside of the workplace, he might be jeopardising the health of everyone else at work.

He’s been away for a while, first on an assignment elsewhere, and immediately thereafter on leave. He’s due to return in 2 weeks’ time. The rest of the people at work all stick to the governmentally prescribed health measures, at work and in private. They are now getting edgy at the thought of their health potentially being endangered just because one of their colleagues doesn’t consitently practice sufficient care.

This is a valuable and esteemed team member, and neither the employer nor the colleagues would like to see him be made to leave. But they all want to stay safe. What’s to be done? I'd appreciate any thoughts on this matter, both legal views and sugggestions about how to steer through this. Thank you.
He's probably all talk and no trousers. I bet his behaviour is better than he is letting on, and he's just letting off steam. There's not really a whole lot of opportunity to avoid social distancing at present. I wouldn't worry too much.

Maybe ask him which particular behaviour he practices which is "risky". I bet the best he can come up with is going to migros or taking the train without a mask.
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  #42  
Old 22.05.2020, 00:40
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Re: COVID-19 and legality

Thank you for all these ideas, from a range of perspectives. I appreciate your having commented.

We were rather hoping for clarity on the legal postion, but I suspect that it'll be difficult to gain that, but only in part because it is Corona, about which no-one really, truly knows how to draw the new lines in society.
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Old 22.05.2020, 09:49
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Re: COVID-19 and legality

Fire him if you are that paranoid about the situation.

Tom
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Old 22.05.2020, 13:18
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Re: COVID-19 and legality

Perhaps consult with the Amt für Wirtschaft und Arbeit.
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