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Labor Alert – March 2020

ALERT – LABOR

Implement labor supplementary measures to reduce the impact of COVID-19

The Emergency Decree No. 029-2020, published today, provides the following measures applicable to the private labor regime:

1. Work schedule.- The employer is authorized to unilaterally modify and establish in a staggered manner the work shifts and schedules during the period of the health emergency as a preventive measure against COVID-19, without affecting the mandatory weekly rest (the health emergency has lasting 90 calendar days from 03/12/2020). It is not required to follow the regular procedure to modify shifts or schedules.

2. Continuity of essential services and goods.- During the state of national emergency (15 calendar days from 03/16/2020), employers must adopt all necessary measures to ensure the provision and access to essential services and goods (e.g. food, medicines and basic necessities, health facilities, financial institutions, insurance and pensions, fuel, cargo transportation and merchandise, among others.)

3. Paid leave.- If it is not possible to implement remote work during the national state of emergency, the employer grants workers a compensatory leave, regardless of whether or not they belong to a risk group (e.g. over the age of 60). The terms of the compensable license are defined by the parties. In the absence of an agreement, the compensation of hours takes place after the national state of emergency.