Exceptional labor measures to prevent the spread of Coronavirus (COVID-19) and declaration of state of emergency.
Yesterday, Sunday, March 15, 2020, the Emergency Decree No. 026-2020 and Supreme Decree No. 044-2020 were published.
The Emergency Decree No. 026-2020 establishes as an exceptional measure to prevent the spread of the Coronavirus, the employer’s power to unilaterally implement remote work during the period of health emergency declared by the Ministry of Health (90 calendar days since March 12, 2020).
The main conditions of remote work are as follows:
– It is carried out from the place of home isolation chosen by the worker.
– The employer must inform the worker of his decision to implement remote work by any physical or digital means, and report on safety measures and conditions.
– The worker must be available during the working day. Likewise, it must comply with security measures and conditions, regulations on information security and data protection and confidentiality.
– The equipment and means to carry out remote work may be from the employer or the worker.
– The worker’s remuneration or other economic conditions may not be affected, except those that are subject to attendance at the workplace.
– The employer must identify and prioritize the remote work of workers considered in the risk group by age and clinical factors. If remote work is not possible, a paid leave must be granted subject to compensation.
– Remote work cannot be implemented for workers declared with Coronavirus, in which case the provisions on medical rest apply. If the worker receives a monthly salary not greater than S/.2,400.00, EsSalud’s temporary disability subsidy is payable from the first day.
For its part, the Supreme Decree No. 044-2020 declares a state of national emergency for a period of 15 days, from March 16 to 30, 2020.
During this period, the right to freedom of movement of persons is restricted, among others.
Therefore, workers may not attend their work centers, with the exception of those engaged in the production or provision of the following essential goods or services:
– Water, sanitation, electricity, gas, fuel, telecommunications, cleaning and waste collection services.
– Production, storage and sale to the public of food and essential pharmaceutical products.
– Health services.
– Assistance and care for older adults and others in a vulnerability state.
– Services of financial institutions, insurance and pensions.
– Hotel and accommodation center services to comply with quarantine.
– Media and call center services.
– Supplementary or related services to those previously mentioned.
– Any activity of a similar nature or to be carried out by fortuitous event or force majeure.
It seems evident that, as an exception, the displacement of workers should be allowed, as they must guarantee the essential activities of the employer in order to avoid putting people at risk, the safety and preservation of property or the immediate resumption of activities. This should be clarified as soon as possible.
During the state of emergency, the employer may implement remote work in the terms indicated above. If this is not possible, a paid leave is granted subject to compensation.
