COVID-19: What employers and business owners should know

The ministry of labor further guided that employers should provide training of workers on preventive measures for COVID-19, provide protective equipment and treatment of affected workers. Employers have a statutory obligation to ensure that their workplaces are safe and to take every precaution necessary for the protection of their employees at the workplace and during the execution of their duties. In the context of COVID-19, every employer must ensure that employees have protective gear, can travel safely to and from their places of employment and are given training and guidelines on how to execute their assignments safely.

There is a possibility that employees who contract COVID-19 in the course of their employment will sue their employers if such employers have not taken reasonable measures to maintain a safe and healthy workplace. Of course, reasonable measures will vary depending on the nature of exposure in different industries. It is important to note that information about the transmission of COVID-19 is evolving day by day and employers must ardently follow guidelines that are being issued by the ministry of health, WHO, Center for Disease Control and the Infectious Diseases Institute of Makerere University among others. The websites of the ministry of health, CDC and the World Health Organization are regularly updated and provide authoritative information on how the virus is transmitted and workplace safety guidelines.

Employers in industries such as banking, hospitality, media and health sectors where employees are exposed to a higher risk of contracting of COVID-19 should review their insurance covers to ensure that their employers are covered under the different policies or change to insurance companies that are willing to cover their employees against COVID-19. Employers should also seek clarity about the extent of their insurance covers where an employee is working from home.

Where an employer wishes to retain employees at work during the lockdown period, the employer should educate them about the dangers posed to their health by their continued presence at the workplace and how to prevent contraction of the virus. The employer must not assume that employees already have this information. In other words, the employer should obtain the informed consent of their employees in continuation of work especially for assignments with a high likelihood of contracting the virus. Should an employee contract COVID-19 in the course of employment, it should be the responsibility of the employer to ensure that such an employee is treated. The employer also should immediately notify the ministry of health about such an occurrence.

Where an employee or independent contractor refuses to work because of fear of exposure to COVID-19, the employer should immediately investigate this through an interview and find out details of the employee’s fears. They should ascertain if the fears are realistic or even justified. The employee should then be notified, in writing, of measures that will be taken to mitigate the chances of contracting the virus, if they choose to return to work. Such measures must be informed by the ministry of health, WHO and CDC best practices and guidelines.

If an employee falls under the category that is prone to contracting the virus, for example, older adults, people who are immunocompromised, and persons with severe underlying medical conditions like diabetes, heart or lung disease, then the employer must not force them to work in an environment that can have them easily contract the virus neither should they unlawfully terminate their contracts as this could expose the employer to adverse litigation.

If the employers would wish to retain all company employees while still in an uncertain financial situation, they could explore several options like negotiated suspensions of the contracts for a defined period, pay cuts and a taking of statutory leave during the lockdown period.

In all, both employers and employees must recognize that COVID-19 has created a situation where contracts may be frustrated and therefore necessitating termination, however, such terminations must be done lawfully. Where an employer doubts the legality of their actions, they should consult a lawyer for guidance and professional advice.

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Onyango Owor is a partner at Onyango & Company Advocates.    Email:onyango@onyangoadvocates.com Tel:  0787367458