The Ministry of Labor will control that the rights of employees are not violated in the health emergency.
The Ministry of Labor issued the guidelines so that both workers and employers know how to act in relation to the reduction, modification or suspension of working hours during the declaration of a health emergency due to the coronavirus or COVID-19.
In the Ministerial Agreement, issued on Sunday, March 15, Minister Andrés Madero includes in 9 articles and a single final provision the parameters that must be applied in the private sector.
The document establishes that preventive measures are adopted in order to guarantee the job stability of workers, and to protect the country’s economy, during the emergency.
It leaves to the employers the organization of the working day.
In the event that they opt for the emergency reduction of the working day due to the health emergency, they must comply with the provisions of the Labor Code in these cases.
Likewise, if they accept the modification of the working day to protect the activities or production, they must not violate norms and respect the work schedule.
On the emerging suspension of the working day for those people who cannot take advantage of Teleworking or other alternatives, the employer will order and communicate the emerging suspension, without this implying the termination of the employment relationship.
The recovery will be made once the declaration of sanitary emergency has been completed with all the rights and obligations in force before the suspension.
In this case, the employer will set the recovery schedule and no extra and overtime hour surcharges will apply.
The Agreement warns that those who do not take advantage of the recovery will not receive the corresponding remuneration and if they have received it, they must return those resources to their employer.
At the same time, it indicates that employers must register with this type of modality through a form that appears on the SUT platform (Single Work System) and inform their employees about the actions to be taken.
Without prejudice to the authorization issued, the Ministry of Labor will carry out the necessary controls and verifications to prevent the fulfillment of workers’ rights.
Source: Ministerio de Trabajo
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