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SGB central secretary Luca Cirigliano: “Particularly vulnerable employees may only be deployed if it is a particularly important activity and if there is an acute, demonstrable shortage of staff.”
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Just over two weeks ago, the Federal Council – here Minister for Economic Affairs Guy Parmelin – changed the rules for the use of vulnerable workers to their detriment.
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On Saturday, Marie-Gabrielle Ineichen-Fleisch, head of the State Secretariat for Economic Affairs said that nothing had changed.
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The Federal Council – here with Health Minister Alain Berset – should adjust the rules on Wednesday.
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The Corona crisis continues to shape the everyday life of the Swiss population.
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There is currently a lack of clarity as to whether workers belonging to a risk group have to go to work or not. The reason: On March 20, the Federal Council amended the ordinance on measures to combat the corona virus.
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Article 10c, which deals with the obligations of employers, was subsequently interpreted to the detriment of risk groups. Lawyers interpreted the change so that people with previous illnesses could be ordered back to work if home office was not possible.
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As long as the employer can implement the federal recommendations on hygiene and social distance. In the retail trade, for example, plexiglass panes could be set up – and sales assistants who suffer from diabetes or high blood pressure could work again.
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The unions went against the easing on the barricades!
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Social partner compromise for risk groups
But now the social partners have agreed on a compromise, as SGB central secretary Luca Cirigliano confirmed to the VIEW. “We worked intensively with the employers on solutions and compromise proposals and submitted them to the responsible departments,” he says.
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In principle, therefore, the principle still applies that vulnerable workers should work in the home office. If work is only possible on site, stricter rules will apply in the future. “In this case, particularly vulnerable employees may only be deployed if it is a particularly important activity – for example in basic care – and if there is an acute, demonstrable shortage of staff,” says Cirigliano.
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Risk analysis necessary
Before risk groups are deployed, a risk analysis is now required to determine whether the hygiene and protective measures can actually be observed. The responsible health authorities such as labor inspectors or Suva would be responsible for this analysis. “Only if the measures can be followed will there be a green light,” said Cirigliano.
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If there was no risk analysis, the risk groups would not be used. However, as before, the employer can request a medical certificate. “It is also crucial for us: Protection against dismissal and continued payment of wages apply to particularly vulnerable employees throughout the crisis,” explains Cirigliano.
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Financing through income replacement regulations
Of course, financing is an important point in getting employers on board. “If employers stay on their wages, it can be problematic for many companies,” admits Cirigliano. The solution: “If short-time work compensation is not used, the wages of the risk groups are guaranteed through the income replacement scheme.”
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He now hopes that the Federal Council will adopt the social partner compromise as quickly as possible. “The signals are positive,” says Cirigliano. “We hope that the Federal Council will make an adjustment at its next meeting.”
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Are risk groups narrowed down?
A change could then also be pending when defining the risk groups. At most, these are narrowed so that the exemption affects fewer employees. It is an open secret that employers are pushing for adjustment on this point. “We rely on the know-how of the health authorities on this question,” said Cirigliano. “If they have new insights, they will redefine the risk groups.”
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One thing is clear: the social partner deal would be an important element for an increasingly demanded exit strategy by the Federal Council.
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