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We all were excitedly counting down to the new year on the night of 31st December 2019, filled with hopes of a new year full of success, happiness and prosperity, but none of us had in our expectations a virus that would cause a global pandemic leading to travel restrictions, lockdowns within countries, bans on gatherings alongside compulsory social distancing and mandatory wearing of surgical masks, just to name a few. Consequently, this global pandemic led to a downturn in the economic outlook of businesses worldwide, employees either losing their jobs and/or wages/salaries being cut, significantly.
From a balanced perspective, employers are not necessarily the bad people and employees the victims, per say, for if business sales are impacted negatively tough decisions such as letting some staff go and reducing salaries/wages would have to be made for the sake of business continuity.
However, and fortunately enough, this is not the case for ALL businesses such as organizations manufacturing medial supplies.
As a business owner, you must be wondering during this COVID-19 pandemic, what are some of the obligations to my employees? this article shall guide you on the legal, ethical and other obligations that you as an employer owe to employees.
There are various obligations we will consider:
1 Legal Obligations
This is a duty that which is enforced by a court of law, these legal obligations may vary slightly from country to country but in general employers must ensure that the health, safety and welfare of their employees is not at any one point under any kind and/or form of compromise. Also, employers are expected to conduct a risk assessment to identify the risks of a COVID-19 outbreak at work, and implement preventative and protective measures to minimize all forms of risk. Aside from legal obligations,
2 Ethical/Social/ Financial Obligations
These that are not necessarily enforced by law and thus, not mandatory to adhere to but they are still considered important, a good example being discouraging stigma and discrimination towards COVID-19 victims in the workplace.
Below are helpful tips on how to best adhere to these obligations. These could be seen not just as some laws but ways to contribute towards lowering the risk levels and spread of the virus in your workplace and also, surrounding environments.
- Employee Sensitization
– You are required to disseminate updated information on the Corona virus to your employees, you could begin by following the current guidelines from the Ministry of Health and the National Emergency Response Committee on Corona Virus preparedness and response from the Ministry of Health website: http://www.health.go.ke/category/news/ and internationally, the World Health Organization’s update on COVID-19 outbreak here: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/events-as-they-happen - Setting Up Preventative Workplace Behaviors
– This involves having hand washing and sanitizing stations around the office, consideration for staff considered at a higher risk of infection, limiting in person meetings, providing surgical masks while simultaneously making sure that all staff members are wearing one, placing emphasis on proper hand washing and coughing etiquette alongside posters serving as remainders of the above.
- Anticipate & Address Potential Discrimination
– As an employer, you may impose reasonable and justifiable restrictions in the case that there’s a direct threat to the health & safety of other staff but such restrictions should not be used unreasonably especially unfairly on grounds such as gender, race, age and/or disability. Also, awareness to staff on discrimination to workmates or spreading degrading rumors such as; so and so has got Corona, should be discouraged and consequences for such behaviors set in place. Mental health counseling and monitoring should also be considered where appropriate. - Encourage Open Communication Lines
– Encourage employees whom have become ill at work with Covid-19 symptoms to notify their supervisor without fear. Encourage employees to be honest and opt for self-isolation, especially if they’ve been in a high risk area or have interacted with an individual who developed Corona virus symptoms.
- Considerate Wage/Salary Cuts & Redundancy
– Try as much as possible to communicate to your staff well in advance on inevitable wage/salary cuts that are going to have to be made, you could even try go a step further and ask your staff for suggestions on how they think they can be helped , alternatively, to best deal with the reductions;. When it comes to redundancy, it is mandatory that you obtain consent (written) from your employee before subjecting them to unpaid leave and especially one that is uncertain. In the case that an employee or employees don’t consent to an unpaid leave then highlight the likelihood of losing their job would increase, for a lack of willing to be understanding and cooperative. A written consent is important for it is evidence that your employee willingly agreed to an unpaid leave, and in the case that later on they refute to having given consent, it will not be much of a hassle for you to prove such claims wrong.
- Consider Remote Work.
– This working style will allow your employees to work outside of the traditional office environment. It is not a mandatory obligation, but, it is a great alternative because your employees will still continue working and beneficially, their health not in any potential risk. Remote work could effectively be achieved by the creation of an online portal where your staff could sign in, work according to business hours, and sign out; as an employer, you’ll be able to still monitor your staff while at the same time lowering the risk of infection, the hassle of them acquiring transport especially for those that use matatu (public transportation) and beating curfew which is now set at 9pm in Kenya; the curfew might be a struggle for an employee that lives in Mlolongo, but works in the office located in Westlands and gets off work at 7pm.
In general, whether as an employer or employee, let us be considerate, caring and understanding towards each other in the workplace and out.
Stay safe, observe social distancing and sanitize!
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