Returning to Work Post-Lockdown: Lessons From Asia

Law firms must consider how to implement social distancing, among other things.

As the U.K.'s Coronavirus Job Retention Scheme went live, public debate shifted to when and how the lockdown could be eased. So far, the government has been keeping its counsel on this point – so employers are naturally looking to other countries further ahead of the curve for a clue about what's to come. The pandemic's initial origination in Asia provides an opportunity for western-based employers to preview what a return to work might look like.

Prepare for additional waves

A secondary spread of the virus seems almost certain, with the U.K. government modifying its criteria for easing the lockdown to add a tacit acceptance of this inevitability. Singapore provides an important case study. Singapore's first wave of the virus arose out of the significant travel to and from China around the Chinese New Year.

Quick action largely succeeded in limiting the initial spread, but a second wave came as individuals returned to Singapore from Europe and the United States.  Then, in spite of government intervention, a third wave flooded the city, seeing close to 1,000 or more new cases each day for weeks as the virus spread through high occupancy workers' dormitories.

Employers considering a return to work must therefore plan for the likelihood of additional waves of the virus. This means ensuring your business continuity plans are up to date, incorporate recent events, and are sufficiently adapted to address potential future lockdowns, aggressive social distancing, and/or other tactics.

Moreover, a return to work in phases will also help to hedge some of the risks associated with immediate increases in the virus.  Employers should also communicate to employees the possibility of future furloughs or other modifications to the employment relationship, and consider establishing a contractual right to do so.

Companies are installing foot-operated doors, placing Plexiglas between work-stations, staggering start times, and taking other steps to reduce the possible spread of contagion.

Also, social distancing is here to stay – at least for a while. In Asia, companies have been creative in addressing and adapting social distancing principles to their own workplace.

In China, one manufacturer is requiring employees to eat in designated spots, to face the same direction when eating, and to use separate tables from one another. Some Korean employers prohibit eating lunch across from one another and maintain video conferencing to reduce face-to-face interactions. 

Other companies are installing foot-operated doors, placing Plexiglas between work-stations, staggering start times, and taking other steps to reduce the possible spread of contagion.  Whatever the approach taken, it should be tailored to the company's worksite risks and incorporate any lingering local legislation.

Is WFH here to stay?

Given the numerous lockdowns, global employers were forced to adopt working from home strategies (where possible) to maintain business continuity. Companies grappled with the practical administration of such a program, including ensuring appropriate access, equipment, and security. They also had a crash-course on legal compliance issues, such as with disparate rules for reimbursement of home office expenses across jurisdictions.