The ELA is proud to welcome our newest member firms: Cains Advocates in Isle of Man and Bowmans - B&M Legal Practitioners in Zambia!
The ELA is proud to welcome our newest member firms: Cains Advocates in Isle of Man and Bowmans - B&M Legal Practitioners in Zambia!

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In-person Work and New Sanitary Measures: Labor Related Aspects of a New Presidential Decree

By:

Enrique M. Stile - Partner
Mercedes Paola Forchiassin - Associate
 

Submitted by Firm:
Marval, O'Farrell & Mairal
Firm Contacts:
Enrique M. Stile
Article Type:
Legal Update
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Among these general measures, the following stand out:

 

  • Masks: Masks continue to be mandatory in shared spaces (whether open or closed), but not when circulating outdoors with a 2-meter distance.
  • Activities with higher epidemiological risk: Certain activities (such as senior or retiree trips, gatherings in private residences, etc.) are no longer suspended. However, they are still subject to compliance with specific recommendations and instructions as well as relevant protocols.
  • Work environment: The decree eliminates (i) the prohibition against employee meetings for rest, recreation, meals or any other type of activity in closed spaces without strict compliance with the required 2-meter distance between workers and without constant and adequate ventilation in every room; and (ii) the employers’ obligation to adapt break shifts, breakrooms and necessary controls to meet with these provisions.
  • Exemptions from the duty to attend the workplace in person: Only individuals with immunodeficiencies and cancer or transplant patients are exempted form the duty to attend the workplace in person, exceptionally, and for a maximum extendible period of 30 days. Workers are entitled to the non-remunerative compensation already established by the emergency regulations in force.
  • Occupancy: Occupancy restrictions for economic, industrial, and commercial activities in closed spaces, among others, are eliminated. However, these activities must be carried out in compliance with an operating protocol approved by the relevant health authority.            

 

The decree will be in force starting October 1, 2021 until December 31, 2021.

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