The Ministry of Labor has issued[1] the exceptions for the application of measures to support sustainable employment set out in the Covid-19 Humanitarian Support Law (the “Law”)[2]. The main provisions of the Decree are:
- Exceptions to employee-employer agreements: Agreements which reduce the remuneration received for ordinary or part-time working hours cannot be executed for workers who:
- Have a duly certified disability.
- Have been certified by the Ministry of Labor as a substitute worker for a disabled person.
If an agreement contrary to this provision has already been executed, it must be rendered null and void after the payment of the next remuneration, and will not have any retroactive effect for the employer.
- Restriction on the emergency reduction of working hours: The emergency reduction in working hours can be applied provided that the remuneration received for the ordinary or part-time working hours is not cut for workers who:
- Have a duly certified disability.
- Have been certified by the Ministry of Labor as a substitute worker for a disabled person.
If working hours have already been reduced resulting in a reduction in pay for these workers, the above provisions must be applied as of the next payment of remuneration, and will not have any retroactive effect for the employer.
- Obligation to notify the employer of a disability or substitute worker: A worker who has a disability or is a certified substitute worker must notify the employer within seven days of receiving notice of the agreement or reduction set forth in the Law. If the worker fails to give this notice, he/she cannot avail of the exceptions stated above.
[1] Ministerial Decree No. MDT-2020-171 of September 9, 2020.
[2] https://www.pbplaw.com/es/la-ley-humanitaria-para-combatir-la-crisis-del-covid-19-fue-aprobada-en-la-asamblea/
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