Tag Archives: Labor

The Ministry of Labor and the Ministry of Public Health issued the Interministerial Agreement No. MDT-MSP-2024-002, on September 12, 2024, which regulates the implementation, adequacy, and use of breastfeeding support rooms in workplaces, hereinafter the “Regulation”. We highlight the following:

• Employers must grant permission for the extraction of breast milk for 20 minutes every 2 hours, to women who having finished their breastfeeding period have decided to extend the practice until their children reach 24 months of age.
• Employers who have 50 or more female employees of childbearing age or breastfeeding and who are working on-site, must implement a permanent breastfeeding support room.
• Employers who do not comply with the above, and who have at least one breastfeeding woman, must implement temporary breastfeeding support rooms.
• Women fertile age goes from 15 to 49 years old.
• Employers must register the implementation, adequacy, and use of breastfeeding support rooms in the Unified Labor System (“SUT” by its Spanish acronym).
• Permanent breastfeeding support rooms must provide at least: a bathroom next to the breastfeeding room, a refrigerator, a sink, a minimum space of two square meters per user, and periodic cleaning of the room.
• Temporary lactation rooms may be in spaces for other uses, such as offices, if they have the minimum infrastructure necessary for the adequate extraction of milk or for breastfeeding.
• The Regulation overturns Ministerial Agreements No. 00000183 of March 11, 2011, and No. 003-2019 of April 8, 2019, that contained the applicable rules for the implementation and operation of breastfeeding support rooms in the public and private sectors.

On July 29, 2024, the Ministry of Labor issued the Ministerial Agreement No. MDT-2024-099, which extends the deadline for the registration of “Equality Plans” until July 31, 2025.

On April 17, 2024, Executive Decree No. 226 was issued, which establishes:

1.    To suspend the working day for the public and private sector on April 18 and 19, 2024.

2.    That the public sector recovers its working day through an additional hour during the subsequent working days.

3.    That the private sector, by mutual agreement between the employer and the employee, determines how to execute the workday and compensate it.

Edmundo Ramos, partner at CorralRosales
eramos@corralrosales.com
+593 2 2544144

On March 21, 2024, the Ministry of Labor issued Ministerial Agreement No. MDT-2024-041, published in Official Registry No. 526 of March 26, 2024, which regulates the administrative visto bueno process, of which we highlight the following:

– The parties may appear personally, or through their representative or procurator, accompanied by their legal counsel.

– The work suspension must be justified by the employer and approved by the labor inspector. If the suspension is granted, the employer will have a 48-hour period to consign.

– If the inspector denies the suspension, the employer must grant the employee a paid leave to exercise the right of defense.

– The labor inspector may request clarification of the notification place in person up to 2 times. With the notification, the defendant has 2 days to reply.

– If it is not possible to notify the employee in person, the employer must notify via a single press publication including an extract of the visto bueno that must be posted in several places in the workplace.

– Within 3 days of the visto bueno hearing, the inspector in charge will issue a duly reasoned decision.

– Provided that one of the parties is affected, they could appeal the decision within 3 days before the labor inspector. Once the appeal is lodged, the regional director of labor and public services must resolve the appeal within 10 days.

– The action to request a visto bueno by the employer against the employee is time-barred within 1 month.

– The procedure expires in 30 days, if it has not been resolved in the first instance, counted from the notification of the request for the visto bueno.

– Regarding cases of lack of probity and immoral conduct of the employee, as well as harassment at work, the period is calculated from the date on which the employer or his representative became aware of the facts that gave rise to the visto bueno.

– The lodging of a complaint or labor lawsuit, before or after the visto bueno has been submitted, is not a reason for the labor inspector to refrain from processing the visto bueno.

Edmundo Ramos, partner at CorralRosales
eramos@corralrosales.com
+593 2 2544144

On February 29, 2024, the Ministry of Labor, through Ministerial Agreement No. MDT-2024-030 published in the Official Gazette of March 14, 2024, issued the guidelines for the application of Article 47.1 of the Labor Code, regarding the reduction of working hours in the tourism sector:

•  Decrease in working hours:

Employers in the tourism sector; register as such; prior agreement between employer and worker, may request authorization to decrease the working hours, for a period that may not exceed 6 months, whether this is consecutive or up to two separate periods.

Authorization will be granted in in the following cases:

1. Force majeure.
2. Reduction of income.
3. Verification of losses.

• Procedure:

To obtain approval on the reduction of working hours, the following documents must be submitted:

1. Petition, addressed to the regional director of labor and public service, including the reasons justifying the reduction.
2. Working day reduction agreement signed with the employees.
3. Austerity plan.
4. List of the employees and their salaries.
5. Copies of the RUC and certificate of compliance of social security obligations.
6. Certificate of tourism registration.

• Remuneration and registration:

Employees’ wages will be calculated in proportion to the effective working hours. Dividends may only be distributed to the shareholders if the employees are previously paid for the reduced hours.

Social security contributions will be paid on the full 8-hour workday.

The employer shall be responsible for registering in the SUT within 15 days, the reduction in working hours and the period of application.

• Termination of the labor relationship and indemnities:

If the employer terminates the relationship, prior to the expiration of the term agreed in the contract, unilaterally, during the period of suspension of the working day, the employee will be entitled to the payment of the indemnity provided in art. 188 of the Labor Code. The bonuses and indemnities shall be calculated on the last remuneration received by the employee prior to the reduction of the working day.

Edmundo Ramos, partner at CorralRosales
eramos@corralrosales.com
+593 2 2544144

By Ministerial Agreement No. MDT-2024-013 subscribed on January 19, 2024, the Ministry of Labor issued the following guidelines for the registration of Equity Plans:

• The Ministry of Labor will provide a certificate of registration of the Equity Plan, hereby the “Plan”.
• The employer has the obligation to disseminate and socialize the Plan with its employees for its effective compliance.
• If the Plan should be renewed due to one of the causes established for its mandatory renewal, it must include the reason for the review and update.
• Failure to register the Plan may be reported to the Regional Directorate of Labor and Public Service.
• The “Equity Plan” will be valid for 4 years from the date of registration before the Ministry of Labor. Once the registration period has expired, the employer must carry out a new diagnosis of the situation.
• Failure to comply with the obligation to register the Plan will result in a sanction.
• The registration of Plans must be made from January 20, 2024, to July 31, 2024.

The Agreement is in force since its signing date regardless of its publication in the Official Gazette.

Edmundo Ramos, Partner at CorralRosales
eramos@corralrosales.com
+593 2 2544144