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Labor Alert – May 2020

ALERT – LABOR

New labor measures in the framework of the Health Emergency and of a permanent nature.

1.Work facilities for direct relatives diagnosed with COVID-19 or belonging to the risk group.

a) Requirements: Facilities apply when the worker: (i) is the sole caregiver and breadwinner of the direct relative diagnosed with COVID-19, or who is part of the risk group and who is not hospitalized; and, (ii) is working in person or remotely during the Health Emergency.

b) Facilities: One or more of the following measures may be granted: (i) paid leave license with compensable credit, (ii) reduction in working hours, (iii) reorganization of working hours, (iv) temporary leave during the working hours; and, (v) any other relevant information. These facilities do not involve a reduction in compensation.

 c) Opportunity: The employer and the worker agree on the applicable labor facility. In the absence of an agreement, the worker decides among the options proposed by the employer.

d) How to use the facilities: Workers communicate to the employer within 48 hours prior to their use the following: (i) the medical certificate or proof that the diagnosis of COVID-19 of the direct relative is accredited or, the document certifying the risk group to which your direct relative belongs; (ii) the reasons justifying their request; (iii) an affidavit stating that the employer is the sole caregiver and breadwinner of the direct non-hospitalized relative who is diagnosed with COVID-19 or who is part of the risk group and is not hospitalized.

2. Changes in the risk group

  • The age is modified to include people over 65 years old in the risk group.
  • Employers must prioritize their service provision through the remote work modality. Otherwise, they may sign an affidavit of voluntary assumption of responsibility, in accordance with the provisions issued by the Ministry of Labor and Employment Promotion, in coordination with the Ministry of Health (pending publication).

3. Changes in Occupational Safety and Health

4. Changes in Labor Inspection

  • The accredited labor inspectors have the power to impose the precautionary measure to close the area or establishment in the event that the employer arranges, demands or allows the entry or stay of people to provide services in a work center that carries out activities not excepted during the State of National Emergency or for tasks that are not strictly necessary within the scope of the exception. This precautionary measure shall be in force until the end of the State of National Emergency.
  • The principles of permanent character, objectivity and publicity of the Labor Inspection system are added.
  • Prior to the initiation of the investigation inspection activities or verification proceedings, an administrative conciliation must be carried out. This provision shall enter into force on January 28, 2021.
  • The failure to comply with all or part of the agreements adopted in the administrative conciliation act is added as an infringement in labor relations.   

5. Trade union communications

  • Workers are empowered to use audio and video recordings, email, instant messaging applications, among others, for trade union activities.
  • An affidavit may be replaced the act containing the performance of trade union acts which must be communicated to the Administrative Labor Authority or constitute a requirement or condition of an administrative procedure.
  •  Communications between the trade union organization and the employer may be made by email or any other digital means of communication as agreed. o The above mentioned facilities shall be in force during the Health Emergency.

6. Payment obligations o Employers must pay compensation and social benefits through entities of the financial system. o Payment made outside the financial system is presumed not to have been made, unless there is evidence to the contrary. o The validity of these provisions is subject to the publication of the regulation.

 Find out in our alert the new labor measures in the framework of the Health Emergency and of a permanent nature. Click here: https://bit.ly/2zt7KpO