The Ministry of Labor issued guidelines for the registration of working arrangements and work agreements established in the COVID-19 Humanitarian Support Law[1]. The ministerial agreement, which is mandatory for all public and private sector employers, mainly establishes:
Agreements:
- Once the agreements between employers and workers are signed, they must be reported to the Ministry of Labor through the “Humanitarian Law” module created in the official Work System (SUT).
- Employers must update workers’ data in the SUT as agreed.
- The Ministry will be able to control that the agreements comply with the legal system in force.
Emergency contract:
- It must be in writing and include at least the following information:
- The type(s) of work that are the subject matter of the contract.
- How it should be executed.
- Remuneration amount and method of payment.
- Term of the contract.
- Where the work will be carried out.
- Statement of whether sanctions are established and, if so, how they are determined and what guarantees their effectiveness.
- It may be executed on a full-time or part-time basis. For supplementary or overtime working hours, the corresponding surcharge must be paid.
- Remuneration may be agreed to be paid on a daily, weekly, fortnightly, or monthly basis.
- It must be registered in the SUT within no more than 15 days from its execution.
Previously adopted labor agreements and measures
- Labor measures or agreements signed under the provisions issued due to the health emergency shall be fully valid for the period for which they were signed and may be renewed once for the same period.
Transition provisions
- Registration in the SUT will be available from July 31, 2020.
- Emergency agreements or contracts signed before the ministerial agreement is in effect will be valid and must be registered until August 15, 2020.
[1] Ministerial Agreement No. 132, signed on July 15, 2020.
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