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The ELA is proud to welcome our newest member firm: LOGOS  in Iceland!

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Curfew and labor restrictions

By:

José M. Llano - partner - Labor & Employment
Walter Mañko - associate - Labor & Employment

Submitted by Firm:
Marval, O'Farrell & Mairal
Firm Contacts:
Enrique M. Stile
Article Type:
Legal Update
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On May 1, Decree No. 287/2021 (the Decree) was published in the Official Gazette ordering, among other things, restrictions to passenger transportation and other measures to mitigate the spread of the SARS-Cov-2 Virus. The Decree contemplates three epidemiological risk ratings by city. Those ratings are low, medium and high.
 

The Decree orders that:
 

  • Confirmed COVID-19 patients, suspected COVID-19 patients, or close contacts of COVID-19 patients are not allowed to circulate.
  • Employers must encourage all eligible employees to work remotely.
  • Individuals at higher risk of infection (over 60 years of age, pregnant women, individuals in so-called risk groups) and essential caretakers of children or teenagers continue to be exempted from the duty to perform their tasks in person. If these individuals do not work from home, they will receive a non-remunerative compensation equivalent to their usual remuneration, net of contributions to the Social Security System.
  • On-site classes and extracurricular activities will be maintained throughout the country, except in cities under epidemiological alarm (including the City of Buenos Aires and the Province of Buenos Aires), where on-site classes at all levels are suspended.
  • A circulation ban applies from midnight to 6:00 a.m. In cities with more than 300,000 residents, the circulation ban applies from 8:00 p.m. to 6:00 a.m. the following day.
     

Essential workers, industrial workers who work night shifts, and individuals going to and from home and work are exempted from circulation restrictions, but they must carry an authorization.
 

  • The use of public transportation is restricted and only the following individuals may use public transportation services: essential workers (defined locally as “individuals engaged in an essential activity”), individuals undergoing medical treatment and their caretakers, as well as staff and students attending in-person classes and those required to receive vaccination.
     

In cities with high epidemiological risk, the following activities are suspended:
 

  • Social gatherings in residences.
  • Social gatherings of over 10 people in public open-air spaces.
  • Recreational sports in closed spaces.
  • Casinos, bingos, and nightclubs.
  • All kinds of cultural, social, recreational, and religious events in closed spaces.
  • Cinemas, theaters, clubs, gyms, fitness centers, cultural centers, and other similar establishments, unless they operate outdoors.
  • Gastronomic establishments will not be allowed to operate between 11:00 p.m. and 6:00 a.m. the following day except for home delivery and pick-up services.
     

In cities with more than 300,000 residents, commercial centers and shopping malls are to remain closed; commercial establishments must remain closed between 7:00 p.m. and 6:00 a.m. the following day; gastronomic establishments may serve the public in open air spaces and remain closed between 7:00 p.m. and 6:00 a.m. the following day, except for home delivery and pick-up services. Recreational contact sports in open air spaces and sports clubs and gyms are suspended.
 

The decree will be in force from May 1 up to and including May 21.

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