The head hurts, the nose is running, and the cough does not sleep – the winter time is flu time. However, out of fear of their superiors or out of fear to lose the job, hauling many of the employees in spite of disease symptoms to work.
Several Swiss studies have shown in the past: Almost half of the employees in this country appears to be at least once per year in sick to work. This, though, and they infect their colleagues, and in addition, your health may harm.
In the case of employee representatives, the problem is known. There is the tendency that employees felt the employer under pressure to appear under all circumstances to the work, explains Leena Schmitter, spokeswoman for the trade Union Unia, the news Agency AWP.
legal situation
the Situation from a legal point of view is actually clear. “Workers, the work in spite of illness, violate their duty of loyalty,” says the Zurich-based lawyer Martin Steiger. An employee must inform his employer that he was sick.
Legally, workers who feel sick are likely to seen, then not work, if your illness is contagious or if the work slows down the healing process, or the disease even worse.
“would Also work, who the work is for health reasons is completely unable to,” explains Steiger. This would normally be confirmed by a doctor’s certificate. But not in the case of any disease you have to be completely unable to work. “In case of doubt, the doctor decides.”
employers have a Sick home
also send the employer But an obligation. If you knew that an employee was sick, you would have to send him home, says the lawyer.
This is for example the case if a worker says that he will work in spite of illness or if he was obviously sick. “It is a part of the employer’s duty of care to let such a Person does not work”.
In this case, the correct behavior in the disease case, insurance is technically a role. The continued payment of wages by the employer to be payable in the case of involuntary labor prevention, in principle, explains Steiger. But those who go to work sick, risking that the wage would be denied payment if he should fail in the connection, finally, but still.
however, sometimes, pressure on employees is to be exercised, not to appear sick to work, Unia spokeswoman Schmitter has no understanding. “The operation should be rules for cases of illness and holidays delegate absences arrangements in advance,” she says.
Because if people worked in spite of illness, this could lead in the medium term, to more cost for the company, especially if the Affected were in the final even longer, says Schmitter.
High costs due to Work despite illness
there is also the part of the employer. “According to studies, caused about two-thirds of the disease caused by absences, but by the continue to work despite illness,” explains Fredy Greuter from the employers ‘ Association.
“Because the sick employee will not bring the full power, a loss of productivity,” he says. If a worker is in spite of the obvious work difficult and the inability at work, had to send the supervisors the sick, therefore, necessarily home.
Also the execution of the tasks in the Home Office not come into question. “A delay of recovery as a result of the Home Office is to avoid it,” says Greuter.
Only in justified individual cases it may be reasonable that the employer is from home, when he, for example, is still contagious, but still too powerful.
Unia against home work
Decidedly against working from home in case of illness the trade Union act. “The Home Office is work. Therefore, Home is the Office, if one is sick or ill children must take care of, the wrong solution,” explains Unia spokeswoman Schmitter.
In this context, the trade unionist stressed that also for the care of sick family members in case there is a claim for a work exemption of up to three days per illness.
“The absences to care for sick children should be counted as working time and employees are entitled to continued payment of wages, as in the case of their own illness,” says Schmitter. (Dec/sda)
Created: 04.01.2019, 11:22 PM
