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Old 01.05.2020, 02:51
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COVID-19 and legality

To all the lawyers/Legal experts out there,

I have been thinking about the return to work-life amidst a very fluid COVID 19 situation. I am in a high-risk category (asthmatic). Most likely my employer will ask us to resume office on 11th May.

This concerns me a lot and I am worried about it. I mean, I can't refuse to go back and I am not sure if they will make any exceptions. I understand that this situation is quite unprecedented but I am keen to know if there is any provision in Swiss law that may protect employees.

Additionally, in case somebody does contract the virus at the workplace, what is the legal recourse? For normal Health & Safety incidence, I believe, an employer is to be held accountable for any mishaps arising out of their (in)actions.

Hoping to hear from you.
Warm regards & Stay Safe!
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Old 01.05.2020, 03:11
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Re: COVID-19 and legality

Can you work from home?

The thing is, because there's no vaccine, you're looking at homeoffice for possibly up to the next 18 months.

At some point, you've got to get out, don't you think?
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Old 01.05.2020, 07:35
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Re: COVID-19 and legality

You need to speak to your employer t state your concerns. Have you not done that yet? Without knowing what you do for work it's hard to give relevant advice.

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At some point, you've got to get out, don't you think?
You mean she needs to get out at some point when the risk is still not so high as now? 11th May is very soon by no means low risk and we will likely experience second waves of infections as other countries are doing. There is no way I will go back to the office before Q3 or even Q4 and I am not even a high risk category like the Op. My health comes first and luckily I can work fine from home.
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Old 01.05.2020, 07:42
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Re: COVID-19 and legality

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To all the lawyers/Legal experts out there,

I have been thinking about the return to work-life amidst a very fluid COVID 19 situation. I am in a high-risk category (asthmatic). Most likely my employer will ask us to resume office on 11th May.

This concerns me a lot and I am worried about it. I mean, I can't refuse to go back and I am not sure if they will make any exceptions. I understand that this situation is quite unprecedented but I am keen to know if there is any provision in Swiss law that may protect employees.

Additionally, in case somebody does contract the virus at the workplace, what is the legal recourse? For normal Health & Safety incidence, I believe, an employer is to be held accountable for any mishaps arising out of their (in)actions.

Hoping to hear from you.
Warm regards & Stay Safe!
Have a thought for all the people who worked as normal ( not home office ) over this entire period. And its not an inaction by the employer. The lockdown for him is finished on 11 May.( legally ). So you have nothing to say.
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Old 01.05.2020, 07:58
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Re: COVID-19 and legality

Unless BAG extends the stay at home period, you have to go to work.

Still, you should ask your employer and see what can be done.

Im working from home as well as Im in the risk group but will go back if BAG decides we should all be back. Take precautions maybe by working different hours so you can avoid peak times on public transport?
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Old 01.05.2020, 08:06
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Re: COVID-19 and legality

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To all the lawyers/Legal experts out there,

I have been thinking about the return to work-life amidst a very fluid COVID 19 situation. I am in a high-risk category (asthmatic). Most likely my employer will ask us to resume office on 11th May.

This concerns me a lot and I am worried about it. I mean, I can't refuse to go back and I am not sure if they will make any exceptions. I understand that this situation is quite unprecedented but I am keen to know if there is any provision in Swiss law that may protect employees.

Additionally, in case somebody does contract the virus at the workplace, what is the legal recourse? For normal Health & Safety incidence, I believe, an employer is to be held accountable for any mishaps arising out of their (in)actions.

Hoping to hear from you.
Warm regards & Stay Safe!
And how do you think its going to be proved that a person got the virus at the workplace? Be a bit realistic
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Old 01.05.2020, 08:54
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Re: COVID-19 and legality

Past the 11 May, I think BAG is still recommending working from home if possible and to avoid rush hour for public transport.

I am also asthmatic, I plan to get a doctors note. Good luck!
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Old 01.05.2020, 08:57
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Re: COVID-19 and legality

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Past the 11 May, I think BAG is still recommending working from home if possible and to avoid rush hour for public transport.
Even before COV19 it was recommended to avoid the rush hour.
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Old 01.05.2020, 09:12
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Re: COVID-19 and legality

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Even before COV19 it was recommended to avoid the rush hour.
Thats a joke. Avoid rush hour. Its not just one hour! Its from 7am to 10 am! And from 4pm to 7 pm. And from 12 midday to 2 pm!
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Old 01.05.2020, 09:15
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Re: COVID-19 and legality

Employers are expected to follow distancing and hygiene rules after the 11th May.. My place for example will only take back half of the people so that we can stay apart.. Those taking public transport will continue to stay home, people can volunteer etc.

You may well have options to continue at home, with a decent employer at least.
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Old 01.05.2020, 09:15
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Re: COVID-19 and legality

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Even before COV19 it was recommended to avoid the rush hour.
I'm a teacher due to go back to work in just over a week, it is concerning when you think about it....canton advising class sizes of no more than 15, that has massive implications for schools, also no idea what scientific basis there is for the number 15??? That said, my main concern is public transport, seems like things will be business as usual, busy trams, trains, buses etc. Big contradiction to shops, barbers etc where measures are in place, no apparent measures taken on public transport....my oh was on a packed tram yesterday, with no choice but to take it to get to work.
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Old 01.05.2020, 09:26
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Re: COVID-19 and legality

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I'm a teacher due to go back to work in just over a week, it is concerning when you think about it....canton advising class sizes of no more than 15, that has massive implications for schools, also no idea what scientific basis there is for the number 15??? That said, my main concern is public transport, seems like things will be business as usual, busy trams, trains, buses etc. Big contradiction to shops, barbers etc where measures are in place, no apparent measures taken on public transport....my oh was on a packed tram yesterday, with no choice but to take it to get to work.
You are free to wear a mask on public transport.
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Old 01.05.2020, 09:56
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Re: COVID-19 and legality

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You are free to wear a mask on public transport.
A mask isnt foolproof.
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Old 01.05.2020, 10:03
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Re: COVID-19 and legality

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A mask isnt foolproof.
Well thats the only choice. Other than sitting 2 m apart in a rush hour tram
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Old 01.05.2020, 10:49
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Re: COVID-19 and legality

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A mask isn’t foolproof.
There are effective masks around.

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That also induce social distancing.
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Old 01.05.2020, 10:52
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Re: COVID-19 and legality

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There are effective masks around.

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That also induce social distancing.
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Old 01.05.2020, 10:56
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Re: COVID-19 and legality

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Past the 11 May, I think BAG is still recommending working from home if possible and to avoid rush hour for public transport.

I am also asthmatic, I plan to get a doctors note. Good luck!
Pretty sure that's what they expect for people in the vulnerable categories at least. Husband's company is being cautious and not having anyone in before the 11th May and he's only going to be going into the office once a week because he's in that category. Company's working it so most people, no matter what category they fall into, only come in once or twice a week at most initially.
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Old 01.05.2020, 11:25
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Re: COVID-19 and legality

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Pretty sure that's what they expect for people in the vulnerable categories at least. Husband's company is being cautious and not having anyone in before the 11th May and he's only going to be going into the office once a week because he's in that category. Company's working it so most people, no matter what category they fall into, only come in once or twice a week at most initially.
Im in an office based role and we aren't due to come back for the foreseeable future. Which I think is wise.
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Old 01.05.2020, 12:26
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Re: COVID-19 and legality

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To all the lawyers/Legal experts out there,

I have been thinking about the return to work-life amidst a very fluid COVID 19 situation. I am in a high-risk category (asthmatic). Most likely my employer will ask us to resume office on 11th May.

This concerns me a lot and I am worried about it. I mean, I can't refuse to go back and I am not sure if they will make any exceptions. I understand that this situation is quite unprecedented but I am keen to know if there is any provision in Swiss law that may protect employees.

Additionally, in case somebody does contract the virus at the workplace, what is the legal recourse? For normal Health & Safety incidence, I believe, an employer is to be held accountable for any mishaps arising out of their (in)actions.

Hoping to hear from you.
Warm regards & Stay Safe!
Since you seem to be located in Vaud, according to the website of the canton de Vaud destined to employees, if you are a high risk person, or have a high risk person under the same roof, u are supposed to continue working from home. In the same website u can find a template of the medical certificate requested for that purpose.

Here is the link https://www.vd.ch/toutes-les-actuali...nale-vaudoise/

Last edited by Lapithos; 01.05.2020 at 12:30. Reason: correction
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Old 01.05.2020, 12:47
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Re: COVID-19 and legality

I suspect the employer will just give notice under the contract if you don't won't to come to work. If you don't show up for your notice period I suspect you could be fired without notice if the employer was so inclined
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