On March 11, 2020, the World Health Organization characterized the coronavirus COVID-19 as a pandemic.

Capital Legal Services lawyers prepared materials with answers to what a pandemic is and what rules workers and employers should follow in connection with the coronavirus.

We should note right away that the term ‘pandemic’ is used not because of the gravity, but the speed with which this disease spreads. The Director-General of WHO in his address on 11.03.2020 called on each state to take measures to fight the virus, keeping a balance between the health of the public, interests of the economy and people’s rights. The task is indeed not a simple one, and each country implements it in its own way.

Let’s recall that in 2009, during the swine flu A(H1N1) pandemic, in Russia there were, same as now, measures taken to limit the number of public events and to control the state of individuals arriving from countries where the illness had been registered, etc.

Today in Russia there is broad discussion about the restrictions on leaving the country and on entire companies going into quarantine. This is mainly because on 31.01.2020 the coronavirus was added to the list of diseases that pose a threat to the public. For this reason, someone who is ill can be subjected to mandatory medical examination, isolation and temporary removal from work by order of the chief state sanitary surgeon generals or their deputies, if such an order in issued in respect to them. This measure is most actively being employed in Moscow and St. Petersburg, with the support of city officials.

The people in the risk group, namely, those who visited epidemic-risk countries, the Russian consumer welfare authority (Rospotrebnadzor) recommends voluntary self-isolation for 14 days. By order of the Chief Surgeon General of the Russian Federation dated 02.03.2020, people who are under the ‘self-isolation’ regime can obtain their sick-leave doctor’s note remotely, without visiting a medical institution (of course, they will need to provide proof of having visited an epidemic-risk country).

Many firms have the technical capability to have their staff work remotely and the ‘self-isolated’ employees can continue performing their work duties from home and accordingly receive their pay in full. If there is no possibility to work remotely, the employee can receive compensation for being incapacitated. Capital Legal Services lawyers recommend employers to sign an addendum with their staff on remote work, on the scope of work and the procedure for paying for such work.

Such an agreement will be the only lawful solution in the case when a careful employer sends all staff to work from home as well, since change in the work conditions, including work from home, is possible only with the worker’s consent.

On 10.03.2020 Rospotrebnadzor issued recommendations for preventing coronavirus infections among workers (for Moscow, some of these measures are made mandatory by order of the city Mayor). Based on this document, our specialists prepared for you a checklist for such measures for the duration of the epidemic.

In conclusion, we should stress once more that mandatory isolation and liability for not complying with it are possible only in case of a personalized order of the sanitary physician. In other cases, this is a recommended measure. Nevertheless, when it comes to health, same as in law, one should act with due diligence and avoid unjustified risks.

We have prepared a checklist to stop the spread of coronovirus using the resource # 365done. You can download it here.