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While the worker is at home, does he retain his right to retribution?

Yes, under certain conditions.

a) Isolation with the possibility of providing work

Always that it is possible to ensure the use of alternative labour benefit mechanisms, teleworking or distance learning programmes, retribution will be due to the worker, supported by the employer.

Even in cases decreed prophylactic isolation, if the above conditions are maintained, the remuneration will be borne by the employer, with no allowances.

b) Prophylactic isolation without the possibility of providing work

The temporary impediment of the the exercise of the professional activity of the beneficiaries, recognized by health authority, in its own form, in the context of danger of contagion covid-19, the disease is equated with hospitalization, and the disease is not sickness benefit subject to a guarantee term, the professionality and waiting period.

The amount the daily allowance is calculated by applying a fee to the remuneration of reference, considering the time of disability, namely:

  • 100% in the initial 14 days;
  • 55% from 15 days to 30 days;
  • 60% from 31 days to 90 days;
  • 70% from 91 days to 365 days;
  • 75% when it is longer than 365 days.

If, perhaps, in the course of the first 14 days of prophylactic isolation, the worker is ill for covid-19, the terms provided for in the disease apply, i.e. the subsidy passes from 100% to 55%;

Where there is no clinical indication for isolation and employers choose to close partially or totally activities, without the possibility of working remotely, it is up to the keep the full payment of wages, unless they resort to the lay-offscheme.

The employer must send copies of the declarations delivered by the workers and send on the Portal of Direct Social Security together with the form of identification of workers in isolation, through the means of proof with the subject COVID19.

The worker must send his declaration of prophylactic isolation to his employer, and he must refer it to Social Security within a maximum of 5 days.

c) Absence due to covid-19 disease

In situations illness of employees and workers independent of the general social security scheme with illness caused by the covid -19, the allocation of the sickness benefit is not subject to waiting period, being subsidized under the terms of the general, namely:

  • 55% when the duration of disability is less than 30 days;
  • 60% when the disability duration is longer than 30 days and up to 90 days;
  • 70% when the duration of disability is longer than 90 days and up to 365 days;
  • 75% when the duration of disability is longer than 365 days.

The grant is dependent on the issuance of a Certificate of Temporary Disability (alias CIT or “medical leave”). The CIT replaces the prophylactic isolation declaration in the face of possible date overlaps.

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