Have the law on your side. Anytime. Anywhere. | Forlex

Dear clients,

on Friday (6. 3. 2020) we have brought you information about the extraordinary measure issued by the Ministry of Health of the Czech Republic, that concerns the obligatory quarantine of citizens returning to the Czech Republic from Italy. However, the following day on Saturday (7. 3. 2020), the Ministry made several changes to the measure due to the practical aspects of its implementation, which is crucial especially for clients who import goods from or export goods to Italy or transit through its territory. Therefore, we have summarized the essential points below:

New measure of the Ministry of Health

Newly, the obligatory quarantine applies to persons with temporary and permanent residence in the Czech Republic for more than 90 days or who are employed in the Czech Republic, who returned from their stay in Italy starting from 7. 3. 2020, thus not only to persons with permanent residence in the Czech Republic; However, due to linguistic imprecision of the definition of the designated group of persons, it is not clear whether the quarantine applies to all persons residing in the Czech Republic for more than 90 days or those employed in the Czech Republic, or only to persons who are granted with a temporary or permanent residence. Since the official interpretation was not provided by the Ministry of Health of the Czech Republic, we recommend complying with the measure towards all the persons;

Freight transport drivers are excluded from the obligation (for transit through Italy or during transport/loading/unloading of goods within Italy), however, they are ordered to:

▪ use FFP2 and FFP3 respirators when loading or unloading goods;

▪ to minimize direct contact with local staff in Italy as much as possible;

▪ to have their vehicle equipped with protective rubber gloves for use as required and antibacterial gel for regular hand cleaning.

As of today, ie from 10. 3. 2020, the quarantine applies to the whole of Italy. Nevertheless, the Czech Ministry of Foreign Affairs states that this measure should not apply to truck drivers for now.

Therefore, if the measure affects also your employees, we recommend adopting the aforementioned measures and providing them with the required protective gear.

At the same time, although the law does not generally allow it, the District Social Security Administration (DSSA) adopted a practice of retroactively recognizing the quarantines. Therefore, it should not be hazardous for employers to provide their employees with wage compensation as if they were quarantined from the first day of their absence due to the measures of the Ministry of Health of the Czech Republic, even though the decision of the physician on quarantine arrives later (provided that such a decision is adopted retroactively).

We shall, of course, gladly answer any questions that you may have.