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Lockdown, curfew, and restrictions to employment

By:

Diego S. Kelly - 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 22, Decree 334/2021 (the “Decree”) was published in the Official Gazette ordering, among other issues, further restrictions on the movement of persons, and new measures to mitigate the spread of the SARS-Cov-2 Virus.

The Decree orders:

  • To extend the effects of the decree of necessity and urgency number 287/21 until June 11, 2021.
     
  • In cities under "High Epidemiological and Sanitary Risk" or "Epidemiological and Sanitary Alarm" situation, including the City of Buenos Aires and Metropolitan Area of the province of Buenos Aires, from May 22 through May 30, 2021 inclusive, as well as on June 5 and 6, 2021, the following measures shall be added to the restrictions already in force:
     

a) Suspension of the in-person tasks in the economic, industrial, commercial, service, cultural, sports, religious, educational, touristic, recreational and social activities. In such activities, the employees shall perform their tasks under the modality of teleworking. If such persons are unable to perform their tasks through teleworking, they will receive a non-remunerative compensation equivalent to their usual remuneration net of withholdings and contributions to the social security system (with the exception of those for health care and INSSJP that continue in force).

b) Persons shall remain in their residences and may only move around to stock up on cleaning supplies, medicines, food, necessities, and for shopping in the vicinity of their homes. People may go out for recreation in public spaces, outdoors, in the vicinity, from 6:00 am to 6:00 pm. Gatherings of people, concentrations, group recreational practices, and circulating outside the limits of the district, department or jurisdiction of the domicile of residence are prohibited. Persons going on the above-mentioned outings shall not need a permit to circulate.

c) The movement of people will be restricted from 6:00 p.m. to 6:00 a.m. of the following day.

  • A list of 31 activities and services that are exempted from the traffic prohibition and may use public transportation and a list of 11 activities and services that are exempted from the traffic prohibition but may not use public transportation are established. Both categories must have a permit to circulate.
     
  • Persons who are confirmed cases, suspected cases, or close contacts of COVID-19 shall not be allowed to circulate.
     

The Decree will be in force from May 22 to June 11 inclusive.

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