Corona virus: the position of the employer (8) – Announcement of the cancellation of the dismissal reduction and the (revised) view of the AP regarding measuring temperature

14/05 2020

This is update number 8 about the corona virus. Please find below information on the announcement from minister Koolmees about the cancellation of the dismissal reduction in the second support package and the (revised) view of the Dutch Data Protection Agency (Dutch DPA) regarding measuring the temperature of employees.

Announcement minister Koolmees
Employers that are affected by the corona crisis can be entitled to compensation of up to 90 percent of the wage bill under the Temporary Emergency Relief Measure for the Preservation of Work (NOW scheme). Under the current NOW scheme, employers are substantially cut back on the compensation if they apply for a dismissal permit from the UWV for business economic reasons.

Minister Koolmees has announced that the dismissal reduction will be cancelled in the second support package for employers. According to minister Koolmees, the cancellation of the dismissal reduction can prevent bankruptcies and therefore employment is preserved as much as possible. However, employers must repay the  compensation received for the employees who will be dismissed.

Dutch DPA
The Dutch DPA has adjusted its view on measuring the temperate of employees with regard to corona. Earlier it found that only the company doctor was allowed to measure the temperature of employees, and not the employer himself (https://autoriteitpersoonsgegevens.nl/nl/nieuws/ap-temperatuur-meten-mag-niet-zomaar). It is now stated on the Dutch DPA’s website that this view has been revised. According to the Dutch DPA, the GDPR does not apply if the temperature is only measured by the employer and this data is not stored or processed. However, the general privacy rules as laid down in, among others, the ECHR and the Charter of Fundamental Rights of the European Union remain relevant. Further information  can be found on the website of the Dutch DPA: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/corona/temperilair-tijden-corona.

Please do not hesitate to contact us if you have any questions.

 

Kind regards,

Arlette Putker – Blees & Irene Francken – van der Ven

Arlette.Putker@LenAadvocaten.nl
tel: +31 (0)20 7608811
mob: +31 (6)13 14 48 50

Irene.Francken@LenAadvocaten.nl
tel: + 31 (0)20 7608814
mob: + 31 (0)6 31000115