LAW AND BUSINESS IN TIMES OF PANDEMIC

LAW AND BUSINESS IN TIMES OF PANDEMIC

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Many have questioned the measures they could or should take to ensure the safety of their clientele and staff, comply with health standards, and continue their business activities.Haut du formulaireHaut du formulaire

Furthermore, several businesses were prevented from paying their rent for a certain period or providing the services they had committed to their clients. In order to maintain healthy commercial relationships and avoid unfavorable financial consequences, they should inquire about the impact of such non-compliance.

Obligations towards Clients

Merchants have a duty to implement measures that are now familiar to us (social distancing, etc.).

The normally applicable restriction limiting the number of employees who can work outside normal admission hours to four people at most has been modified due to the current state of public health emergency. Thus, starting from September 1, 2020, two additional people can now be exclusively assigned to comply with health guidelines recommended by public health authorities.

Merchants may also limit the number of clients present in the store to ensure compliance with other measures, particularly social distancing.

The case of “COVID fees”

The additional costs incurred by the measures mentioned above or changes leading to expenses raise the issue of “COVID fees,” which is a surcharge applied to the price or service billed to customers to offset these costs. However, since the law prohibits “surprise fees,” it is preferable to directly increase the prices of items or ensure clear disclosure to avoid the surprise element of the fee. The customer should not be confronted with the fact at the time of issuing the invoice: the customer must be informed and free to decline before the conclusion of the contract.

Exclusion of symptomatic individuals from the workplace

The protection of the health and safety of workers is the responsibility of both the employer and the employee. The employer has an obligation to protect the health, safety, and physical integrity of its workers and to take all necessary measures to achieve this. Among other things, the employer must inform its employees that in case of symptoms resembling COVID-19, they should not report to work, and there must be a process in place to identify workers with symptoms before allowing them to enter the workplace. It is important to note that the information collected as part of this procedure is confidential.

The employee must also take necessary measures to protect their health, safety, or physical integrity and ensure not to endanger other individuals present in the workplace. Specifically, the employee is required to notify the employer, following the guidelines received from the public health authorities, if they are diagnosed positive for COVID-19.

Withdrawal of a symptomatic person

An employee displaying symptoms resembling COVID-19 while at the workplace should wear a mask, be isolated immediately in a designated area, and be removed from the workplace. After their departure, access to the isolation area should be prohibited, and all surfaces and objects touched by the person must be disinfected. The employer should also cooperate with epidemiological investigations initiated by the public health authorities.

Residential and commercial leases

Regarding housing, a measure suspending the effects of a decision made since March 1, 2020, was put in place. Now that this measure has been lifted, it is possible to resume the effects of judgments and proceed with the repossession of a dwelling or the eviction of a tenant. In commercial matters, the government order to close certain rented premises due to COVID-19 does not automatically give the tenant the right to cease immediate payment of rent. However, when a landlord prohibits access to a commercial space, the tenant can then refuse to pay rent. All of this remains subject to the specific terms outlined in the lease agreement.

Issues and Force Majeure in Service Contracts

Force majeure is an unforeseeable and irresistible event that is beyond the control of the parties and prevents one or both parties from fulfilling their obligations. Before terminating a service contract, businesses might consider entering into an agreement providing for the suspension of these contracts. Indeed, it is a mechanism not to terminate the contract but rather to suspend the associated obligations when the nature of the contract allows for it.

WARNING: The information contained in this article, while of a legal nature, does not constitute legal advice. It is recommended to consult with a professional for advice that will address your specific situation.