The proposed provisions of the anti-crisis shield provide for the possibility of the employer to conclude an agreement on applying less favourable conditions of employment of employees than those resulting from the employment contracts concluded with them.
The proposed provisions of the Act to amend the Act on Special Solutions Relating to the Prevention, Counteraction and Combating of COVID-19, Other Communicable Diseases and Crisis Situations Caused by Them, and Certain Other Acts, provide that an employer who has experienced a decrease in business turnover (as defined in the Act) following a COVID-19 outbreak and who is not in arrears in the payment of:
– tax obligations,
– contributions to: social and health insurance, Guaranteed Employee Benefits Fund, Labour Fund or Solidarity Fund,
until the end of the third quarter of 2019, it will be permissible, inter alia, to conclude an agreement to apply less favourable terms and conditions of employment to employees than those resulting from the employment contracts concluded with those employees, to the extent and for the duration established in the agreement.
The agreement will be concluded with the trade unions by the Employer.
In the absence of trade unions, the Employer will conclude the agreement with employee representatives, selected in accordance with the procedure adopted by the employer.
If the employer does not have elected employee representatives, it is advisable to lean towards this solution today and hold such an election.
Should you have any questions regarding such elections (including regulations), please do not hesitate to contact me.