Disposition of energy intake cuts for the industrial sector

On October 5, 2024, the Ministry of Energy and Mines, by means of Official Communication No. MEM-SDCEE-2024-0710-OF, ordered the reduction of energy intake for the industrial sector; hereinafter the “Disposition”. In this regard we mention:

• The Disposition orders the industrial sector to not consume energy for at least 15 days between 08h00 and 18h00.
• Article 60 of the Labor Code provides:

“Art. 60.- Recovery of working hours. – When work is interrupted due to accidental or unforeseen causes, force majeure or any other reason beyond the control of employers and employees, the employer shall pay the remuneration, notwithstanding the following rules:

1. The employer has the right to make up for the time lost by increasing up to three hours of the following workdays, without being obliged to pay the surcharge;

2. Said increase shall last until the excess hours are equivalent in number and amount of remuneration to those of the period of interruption;

3. If the employer keeps the employees in the establishment or factory until labor is renewed, he shall lose the right to the recover the lost time, unless the surcharge on the remuneration corresponding to the supplementary hours is paid in accordance with Article 55, rules 2 and 3 of this Code;

4. The employees who don’t adhere to the supplementary work hours shall repay the employer for the received remuneration corresponding to the interruption time; and,

5. The lost time recovery is only demandable from the employees prior authorization of the labor inspector, before whom the employer shall submit a request detailing the date and cause of the interruption, the number of hours it lasted, the remunerations paid, the modifications to be made in the schedule, as well as the number and determination of the persons to whom the time surcharge must be applied.”

• In our opinion, and if the Labor Ministry does not publish application instructions to the Disposition, employers in the industrial sector forced to suspend their work may apply the mentioned article if there is an agreement with the employees. Without the existence of an agreement employees must apply the norm as provided in numeral 5.