On September 9th, the Ministry of Labor (“MdT”) issued the following provisions on labor matters:
1. Agreement MDT-2020-171: Exemptions on the application of Chapter III of Humanitarian Organic Law to support and combat the health crisis arising from Covid-19
- Employers may not reduce the salary of the disabled or their substitutes by the implementation of agreements to preserve labor sources or working-day emergent reduction.
- Disabled or substitutes employees must inform to the employer their condition within 7 days from the dated they were notified with the application of such measures. If the employee does not comply to inform, then he/she will not benefit from these exceptions.
- Agreements to preserve labor sources or working-day emergent reduction applied to disabled or substitutes employees before September 9th, are no longer enforceable.
- From the next salary payment, disabled or substitutes employees shall receive their full salary. This provision has no retroactive effect.
2. Agreement MDT-2020-174: Reform to Ministerial Agreement No.MDT-2020-077
- In the event of force majeure or unforeseen circumstances, the employer may apply the emergent reduction, modification or suspension of the working-day provided within the Ministerial Agreement No.MDT-2020-077.
- Emergent reduction, modification or suspension of the working-day ends by:
- Mutual agreement between the parties.
- Completion of the emergent working-day reduction term provided for in the Labor Code, article 47.1 (up to 12 months);
- Completion of the emergent working-day modification term; or;
- Ceasing of the cause that justified the emergent working-day suspension (Labor Code, article 60).
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