The Ministry of Public Health and Social Welfare, in concordance with Presidential Decree No. 3,442 “ordering implementation of preventive actions given the risk of expansion of the coronavirus (COVID-19) to national territory,” has established in S.G. No. 90 health measures to mitigate propagation of COVID-19, as set forth below:
 
  • Suspension of mass public and private events and shows.
  • Suspension of all types of political, union and social meetings, and religious and recreational activities.
  • Suspension of all types of activities in enclosed spaces.
  • Suspension of educational activities at all levels.
  • These measures will be in place for a period of 15 days and may be extended.
  • Shopping centers, work centers, industrial plants, public offices, public transportation, penitentiaries and similar establishments must implement hygiene, security and health measures to mitigate circulation of the virus.
 
Labor activity: Carla Bacigalupo, Minister of Labor, announced that labor activity has not  been suspended. He noted that for workplaces the same measures ordered by the Ministry of Health apply. Under Decree No. 3,442, the Ministry of Labor has prepared a “Protocol for Action in cases of Detection of Persons with Symptoms of Coronavirus (COVID-19), transcribed here:
 
1. Upon detecting symptoms in a worker, the employer must immediately notify the National Police 911 System.  
 
2. Sick workers must also be separated from the workplace, so that they may confine themselves at home.
 
3. Sick workers must be given leave for 5 days, or the time established by the Ministry of Health for purposes of conducting the pertinent tests.
 
4. Once the worker has obtained a medical diagnosis, he or she must notify the employer within a maximum of 72 hours as to the result of the test by any digital means; in no cases should the employee report in personally to the workplace or other public place.
 
5. If the result of the test is positive, the employer must ensure that there are no other workers who may have been in contact with the sick person who may have the same symptoms, so as to take preventive measures.
 
6. After reporting the positive diagnosis, the worker can arrange for sick benefits by digitally contacting with the Social Security Institute (Instituto de Previsión Social), or other Social Security entity to which the employee contributions, avoiding appearing in person. The leave period shall begin as of the day following the start of disability and shall last as long as the disability continues and the beneficiary is subject to treatment by the Institute, as provided in article 30 of the Social Security Code.
 
7. The employer must report all cases of such sick leave to the Ministry of Labor, Employment and Social Security.
 
8. If the worker does not have social security coverage, the employer must assume the health care costs and the amount that would have been provided by benefits for the duration of the worker’s leave, notwithstanding application of a fine by the Ministry of Labor for each worker outside the social security system.
 
9. During the sick leave, the employer cannot dismiss the worker, unless the employee fails to show up to perform his or her job for three consecutive days or four times in a month without permission or justified cause. In the event of unjustified dismissal the employer must pay the pertinent indemnification.
 
10. In the event of nonfulfillment of the obligations of this protocol the employer will be subject to the penalties provided in the Labor Code, established as from 10 to 30 days’ minimum wages.  
 
The information indicated above was updated through 10:00 p.m. on March 10, 2020, as per official information from National Government channels. FERRERE’s Labor Department is monitoring the latest steps and actions in connection with national regulations and will provide updates as they occur. This publication contains information of general interest and is not, and should not be construed as, a legal opinion or advice on specific subjects. If necessary, legal advice should be sought on issues of interest to you.