Labor Law & Social Security Department Report | Resolution No. 219/2020 of the Ministry of Labor, Employment and Social Security
The Ministry of Labor, Employment and Social Security issued Resolution No. 219/2020 (the “Resolution”), establishing the necessary regulations for the application of Necessity and Urgency Decree (DNU) No. 297/2020 within the scope of the Ministry of Labor, Employment and Social Security.
The Resolution states:
i. That workers who have been included in the “preventive and mandatory social isolation” shall be exempted from the duty of assistance in their workplace and shall coordinate with their employers the possibility of carrying out their assignments from the place of isolation.
ii. Remuneration: it is established that employees who can perform their tasks from their place of isolation will receive their remuneration on a regular basis.
For those employees who cannot perform their tasks from their place of isolation, the amounts they receive shall be of a non-remunerative nature, except for the contributions to the National Health Insurance System and the National Institute of Social Services for Retired People and Pensioners.
iii. That the employees included in Article 6 of Decree No. 297/2020 will be considered key personnel under the terms of Resolution No. 207 of the Ministry of Labor, Employment and Social Security dated March 16th, 2020.
iv. The concept of employees includes those who provide services on a continuous basis under non-dependent figures such as service locations, others that are developed in a similar way within the private sector, benefits resulting from workplace scholarships and internships, medical residences and cases of multiple employment or multiple service recipients.
v. Regarding working hours of key personnel, the Resolution establishes that the reorganization of the working hours for the purpose of guaranteeing the continuity of production in adequate health conditions in accordance with the protocols established by the health authority shall be considered a reasonable exercise of the employer’s powers.
vi. Regarding extra hours, it determines that they will have a 95% reduction of the rate provided for in Article 19 of Act No. 27,451.
vii. Regarding the hiring of personnel for essential tasks while the “preventive and mandatory social isolation” is in force, should be considered as extraordinary and transitory in the terms of Article 99 of the Labor Contract Law. The salary of the employees hired under this method will have a reduction of 95% of the rate set forth in Article 19 of Act No. 27,451.
viii. Finally, the Resolution requires employers to provide personnel who must continue to perform key tasks with a certificate to be shown in case police controls require it. This must contain:
a) Name of the Company.
b) Telephone number and other information enabling the company to be properly identified.
c) Name, identity document number and address of the employee, his/her qualification as key personnel and address of workplace.
Should you require any further information on this matter, please do not hesitate to contact us.
Alvaro J. Galli
Santiago H. Taboada