COVID - 19 Labor update
PREVENTIVE AND MANDATORY SOCIAL SELF-ISOLATION - General labor implications and with respect to certain activities
Below we summarize the emergency regulations informed in recent hours, both general and particular, with implications for the organization of private employment.
BENEFITS FOR EMPLOYERS
Resolution Ministry of Labor (MTEySS) No. 219/2020:
It regulates some provisions of Executive Decree 297/2020 in the following aspects and issues:
- Regarding employees who do not perform remote work in the period of self-isolation, non-remunerative character is assigned to the amounts that they may receive as wages, except for contributions to the National Health Insurance System and to the Institute of Social Services for Retireesd and Pensioners (ISSJP); for the indicated purposes, the Federal Administration of Public Revenue (AFIP) will issue the necessary regulations for the implementation of this measure;
- In relation to "essential activities" and the extension most recently provided by Administrative Decision 429/2020, employees who carry out those tasks shall be considered “essential”;
- The employer is vested with authority to reorganize the workday, in order to guarantee the continuity of the production of activities declared as “essential” and in adequate health conditions, in accordance with protocols established by the health authority;
- In such conditions, additional hours that must be worked for these purposes, shall have a 95% reduction in the rate provided in Law 27,541 of Economic Emergency, destined for the Argentine Integrated Social Security System (SIPA);
- While the preventive and mandatory social self-isolation
takes place, the hiring of personnel shall be considered as extraordinary and transitory and comparable
to the eventual employment contract (section
99 Labor Contract Law); the salaries of the employees that are hired during
that period under this modality, shall have a reduction of 95% of the rate
destined to the Argentine Integrated Social Security System (SIPA);
- Employers must provide employees who continue to provide tasks, a certification to be exhibited in case of requirement by public authorities, in the following terms:
|
Hereby employer ................. Tax Id.
Number (CUIT) .................... Address ................ authorizes
employee .......................... Labor Id. Number (CUIL) .................
to circulate in order to carry out the task (indicate task according to
Decree No. 297/2020), at the address ............. (address of the company) This authorization is framed in the fact that the company carries out tasks of ............... (for example, food distribution chain), thus complying with section 6 of Resolution MTEySS No. 219/2020, Official Gazette 03/20/2020 (supplement), regulatory of Executive Decree No. 297/2020. |
Resolution Ministry of Labor (MTEySS) No. 233/2020 Official Gazette 03/23/20
The resolution declares as “essential” the activity of building workers, with or without housing, who are not included in risk situations (over 60 years, pregnant, those with chronic respiratory diseases, heart disease, immunodeficiencies, diabetics). This measure shall take place until 31/03/2020.
For the aforementioned purposes, it provides that employers must establish schedules for the rendering of services reduced to those strictly necessary and grant the appropriate elements of cleaning, care, security and prevention, with the aim of reducing the level of exposure of the employees; and also provide them with certification to be exhibited to the police controls, containing the data of employee and employer.
For further information, do not hesitate to
contact Esteban Carcavallo or Edgardo Isola.