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The self-employed can replace employees to maintain their activity

| COVID-19 / News | Employment Law and Social Security

Alfredo Aspra analyzes if the company can be denounced for isolating a healthy worker in an article published by El Economista

The self-employed and small businesses are very confused about how to deal with the coronavirus, especially since the Ministry of Labour's Guide has been disqualified by the Government itself. El Economista has consulted various specialists in Civil, Bankruptcy and Labour Law to find out what the company's obligations are at present and what risks it must face.

Can you report the company for isolating a healthy worker?

Alfredo Aspra, partner of the Employment Department of Andersen Tax & Legal points out that assuming the premise that the symptoms mentioned are not related to the coronavirus and that medically this is proven by the employee, in principle, the company, does not seem to be able isolate the worker against his will. If it did so, it might be incurring the obligation to give it effective occupation, which, although it might be another indicator of possible behaviour that could be considered as mobbing, would not in itself and in this context be serious enough and of sufficient intensity for a company to be convicted.

Thus, mobbing is defined as "any behaviour that violates a person's dignity, exercised in a repeated, potentially harmful and undesired manner, directed against one or more workers, in the workplace or as a consequence of it".

It is quite unlikely that this business decision will be considered by judges as an indicator of mobbing.

You can read the full article in El Economista.

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