Up Again: People | DLA Piper

What options do employers have and/or what are you seeing in terms of re-opening the workplace e.g. phased returns, rotating shifts, staggered working hours, etc.?

A furloughed employee returning to work will, as a general rule, resume work on the conditions governing the employment at the date of the furlough.

The way in which the daily working hours were organized will still apply. If an employer needs to make changes to working hours in order to address the challenges of a gradual reopening, e.g. by asking full-time employees to work part-time, this can only take place according to applicable law, collective agreements, local agreements and staff policies.

As a rule, entering into individual, voluntary agreements with an employee will be allowed.

Does an employer have to give notice to employees to return to the workplace?

An employer must give employees one day’s prior notice to return to the workplace. The one-day prior notice also applies if the employer has made use of the salary/wage compensation scheme (in Danish ‘lønkompensation’) or the short-time working scheme (in Danish ‘arbejdsfordeling’).

The employer must ensure that the notice is given in writing.

Is an employer obliged to consult with employees/representatives about the return to work process?

As a general rule, the employer is not obliged to consult with employees/representatives about the return to work process, but it is recommended in order to secure a smooth transition.

Are there any requirements or recommendations for employees to wear or employers to provide masks or other protective equipment in the workplace?

This depends on the specific business/sector. The Danish Ministry of Industry, Business and Financial Affairs, the Danish Patient Safety Authority and the Danish Ministry of Employment have set different guidelines (in Danish) for specific businesses/sectors.

What are the key things that employers have to consider in relation to social distancing in the workplace, e.g. spacing of desks, use of shared equipment, limited access to communal facilities, restaurant, etc?

The employer is responsible for ensuring a healthy physical and mental working environment. This means that the employer has an obligation to take measures that prevent the risk of infection with COVID-19 as effectively as possible.

The employer should schedule work so employees can keep distant allow employees to wash and use hand sanitizer, minimize employee contact with others, and do regular cleaning. If there are employees sharing a workplace, cleaning desks and shared equipment between shifts must be ensured.

What key hygiene/infection prevention measures will employers have to take to ensure a safe workplace e.g. provision of adequate handwashing facilities, regular deep cleaning of offices, etc?

All employees must be informed about proper hand hygiene (hand wash/hand sanitizer) and other relevant hygiene. The employer must make water and soap or hand sanitizer available to all employees.

The employer must ensure thorough cleaning of common contact points, with special focus on toilets, sinks, handles, handrails, table surfaces, etc., which are frequently touched.

If employees do not have permanent workstations, the employer must ensure thorough cleaning of each workstation when one employee leaves the workstation, and another employee takes over.

When can business travel resume and what are the key considerations for employers?

The Ministry of Foreign Affairs discourages all unnecessary travel abroad until 31 May 2020. Depending on the circumstances and the development of COVID-19, this date can be changed if needed. It is recommended that employers stay informed via The Ministry of Foreign Affairs’ webpage.

If schools remain closed, can working parents continue to work from home?