Resolution No. 279/2020 of the Ministry of Labor, Employment and Social Security: revocation of Resolution No. 219/2020 and new regulatory rules in the framework of the Necessity and Urgency Decree No. 297/2020.
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Labor & Social Security Law Department Report | Resolution No. 279/2020 of the Ministry of Labor, Employment and Social Security: revocation of Resolution No. 219/2020 and new regulatory rules in the framework of the Necessity and Urgency Decree No. 297/2020.
The Ministry of Labor, Employment and Social Security has passed today the Resolution No. 279/2020 (the “Resolution”) that revokes Resolution No. 219/2020, making new regulatory rules in the framework of the Necessity and Urgency Decree No. 297/2020.
The most important part of this Resolution is that it renders the option set forth in Resolution No. 219/2020 invalid with retroactivity to 20/03/2020. Said option allowed to pay non-remunerative sums of money to those employees who were not able to render services due to the social, preventive and mandatory isolation implemented by the Government.
Furthermore, it stops the granting of holidays during the days of the mandatory isolation.
The Resolution also sets forth:
i. That employees who render services in the activities described in section 6 of the Necessity and Urgency Decree No. 297/2020, shall be considered “essential personnel” in the terms of Resolution No. 207 of the Ministry of Labor, that is to say, employees up to 60 years old will not be exempted from rendering services;
ii. Those individuals who render services in a continuous manner under non-dependent figures such as independent contractor services, scholarships, internships, medical residencies and cases of multiple employments or multiple service receptors are included within the notion of employees;
iii. That the reorganization of the working time in order to ensure the continuity of the rendering of the essential activities, in adequate health conditions, shall be considered a reasonable exercise of the powers of the employer;
iv. Regarding the hiring of personnel for essential tasks during the “social, preventive and mandatory isolation”, the Resolution states that it shall be considered extraordinary and temporary in the terms of section 99 of the Employment Contract Law, that is to say, the hiring of temporary employees is allowed for the rendering of said tasks.
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