Due to the declaration of an emergency in the Czech Republic, we sent this complaint to the TPCA.
Dear Sirs,
We would like to communicate further procedure of your company Toyota Peugeot Citroën Automobile Czech, sro, company registration number 265 13 528, with its registered office at Na Hradbách 126, Kolín I, 280 02 Kolín, file number C 86913, kept by the Municipal Court in Prague (hereinafter TPCA) regarding current situatiation and the measures taken or contemplated in response to regulatory measures taken by government authorities and other circumstances following the spread of COVID-19 caused by SARS-CoV-2, in particular with regard to health protection and wage retention and other rights of TPCA employees concerned.
We would like to point out, that TPCA, as an employer, is obliged to take all measures to ensure the safety and health of employees at work. According to the Section 102 (1) of Act No. 262/2006 Coll., The Labor Code, as amended (hereinafter referred to as the “Labor Code”), each employer is obliged to ensure a safe and non-threatening working environment and working conditions. In this regard, it should be emphasize that TPCAs are required to respond to a coronavirus pandemic in such a way that production is kept as much as possible and, in cooperation with the relevant public health authorities, ensure that TPCA staff concerned are not exposed to risks related to with this disease to an extent greater than absolutely necessary.
In this context, our labour union expresses its dissatisfaction and concern about the procedure. In our opinion the TPCA is not communicating sufficiently with employee representatives on these very important issues. In this context, we would like to point out that it is the obligation of the TPCA to discuss these issues with the labour union organization to the extent necessary, in particular pursuant to the provisions of § 287 para. 1 letter h) in connection with the provision of § 280 para. e) of the Labor Code. For this reason, our labour union would like to contact you in this official way with the following requirements.
In general, we would like to appeal to you, not only legally but also from a human perspective, for communication between TPCA and employees (TPCA labour union organizations) to be as good as possible, because only by following these legal obligations we can prevent serious effects of coronavirus infection on activity and health all involved people. Therefore, please do not consider this letter as a pointless criticism of the current procedure, but as constructive suggestions to avoid communication problems in the current period, which we do not consider as a liable.
The suggestions and requirements below are, in our opinion, a general reflection of TPCA’s obligation to ensure that workers’ health and material security are not endangered to a greater extent than is strictly necessary. Of course, our labour union understand that the provision of appropriate sanitary measures is mainly the responsibility of the employees themselves and that is why our labour union is prepared and willing to offer the necessary cooperation to TPCA.
1) Provide personal protective equipment and other protective equipment to a sufficient extent.
Accoridng to Section 104 (1) of the Labor Code, if the risks cannot be eliminated or the means of collective protection are not sufficiently reduced, the employer is obliged to provide employees with personal protective equipment (hereinafter referred to as “PPE”). The level and specific form of PPE always correspond with the specific situation in the workplace, and in the event of emergencies as we are facing now, the employer is obliged to respond adequately in order to protect employees’ health by providing individual equipments against the spread of the coronavirus infection.
In addition, Section 5 (1) of Government Regulation No. 495/2001 Coll., Stipulating the scope and detailed conditions for the provision of personal protective equipment, detergents, cleaning and disinfectants, as amended, stipulates that the employer is obliged to provide employees with disinfection means to prevent the emergence and spread of infectious diseases. Protective ointments with a disinfectant effect are considered disinfectants.
For this reasons, we require that all rest zones be equipped with disinfectant gels as quickly as possible and in accordance with the above-mentioned obligation to ensure safe workplaces, all areas where the concentration of persons is higher or otherwise hygienically sensitive are regularly disinfected (eg changing rooms, showers, toilets, canteens, rest zones, etc.). At the same time, with regard to the spread of coronavirus infection by droplet infection, we require temporary removal of hand dryers and, for hygienic reasons, replaced with disposable paper towels, which will be regularly replenished.
At the same time, we would like to ask you in this context for information about delivery of protective equipment (eg respirators) in order to fulfill the above obligations and, in the absence thereof, what other anti-pandemic measures will be in this case by TPCA to ensure the safety and health of workers.
2) Providing information on the supply of manufacturing parts to TPCA
Acc. to § 287 para. a) of the Labor Code implies that the employer is obliged to discuss with the labour union the economic situation of the employer. Due to above-mentioned we require information on the outlook for the supply of manufacturing parts with respect to ongoing coronavirus infection, taking into account the potential economic impact on TPCA employees, for example if there should be an obstacle to downtime work within the meaning of Section 207 (a). a) of the Labor Code.
3) Request for information on the impact plan of emergency measures in connection with the closure of schools
With regard to the fact that all primary and secondary schools have been closed by an extraordinary measure of the Government and heads of municipality are beginning to apply this measure (including Kolín) to kindergartens and nursery, we assume that the above steps must (or should) be seen in numbers of employees who ensure the operation of production lines. We would like to express a serious concern that in the event of a higher absence due, for example, to the care of a child by such employees in the sense of the relevant provisions of the sickness insurance regulations, the employees attandance may fall so that the existing rules will not suffice to secure production.
In this context, we would like to ask you for information on whether a crisis plan responding to the above mentioned emergency measures and their impact on production (and, if so, making it available) has been prepared and, if necessary, how to minimize negative impacts. of these events on the operation of production lines
4) Requirement to take further measures related to the prevention of coronavirus infection
Furthermore, in interest of human solidarity, we would like to ask you to adhere strongly to and require the principle of personal hygiene within TPCA workplaces. In a situation where more than one hundred cases of coronavirus infection in the Czech Republic have been confirmed and this number is growing exponentially, we consider it unacceptable for people who have visited risk areas to enter the TPCA or even be in contact with they could be affected by coronavirus infection and subsequently did not use basic barrier equipments, even masks, during the hearing. In our opinion, it is essential that the health of all persons concerned is strictly respected, whilst keeping labour union activities and protecting the collective interests of both parties.
5) Request for information on possible contagion and number of quarantine staff
With respect to safe employees and their loved ones we finally asked TPCA for regulary information about the number of employees who have been diagnosed with the possibility of coronavirus infection of mandated quarantine and prompt information on possible confirmed infections by TPCA employees, measures taken to prevent the spread of coronavirus infections in the environment TPCA.
In view of the seriousness of the above, we believe that these requirements will be met with an understanding and positive response from TPCA as quickly as possible. Regarding the urgency of the situation, we would like to expect your comments in the shortest possible time and, at the same time, to process the proposals made here as quickly as possible.
We expect TPCA friendliness, because, of course, it is in your interest to take the strictest possible measures to prevent the spread of coronavirus infection, which, in the event of a partial or complete quarantine of the respective plants (production stoppage), would be very serious especially the economic impact on TPCA, as several TPCA employees are already in quarantine, and we can not be sure that these employees have met people who are normally going to work before quarantining.
Yours sincerely and wish you a pleasant day
Independent labour union for maintenance department and other workers
Chairman of OÚP
Petr Bíba