The Ministry of Labor, by virtue of the closure of commercial establishments and companies of natural and legal persons, temporarily regulates through Executive Decree 71 of March 13th, 2020 the reduction of the working schedule and established in its second article, that the agreement must be delivered in original to the General Directorate of Labor or to the pertinent regional directorates. Given the provisions of Executive Decree No. 507 of March 24th, 2020, which extends the curfew 24 hours a day, taking into account the aforementioned and the current situation, the personal presentation of these agreements is not feasible.
In this sense, the Ministry of Labor issues Executive Decree 85 of April 2nd, 2020 which modifies the second article of Executive Decree 71 of March 13th, 2020. introducing that the agreement must be registered by electronic means to the Ministry. In addition, a simple copy of the Operation Notice and the last pre-prepared return submitted to the Social Security Fund must be attached.
Likewise, in order to resolve the multiple concerns of the worker sector that have been generated due to the various labor measures that companies have implemented as a consequence of COVID-19, the Ministry of Labor issued Executive Decree No. 86 of April 2nd, 2020, through which digital platforms are temporarily enabled to receive and handle complaints from workers, regarding possible violations of their labor rights.
In the presentation of complaints or denunciations, the worker is required to indicate his personal data, the name of the employer, the address, a contact telephone number and an email; so that the Ministry can communicate with the employer.
In addition to this, the complaints that are presented will be handled through the inspection mechanisms and procedures that are deemed appropriate. Consequently, the Ministry will contact the employer to establish the appropriate mechanisms to prevent the violation of workers’ rights. However, this action by the Ministry will not activate terms or processes in labor matters.
However, through reports and minutes that are generated, the authorities will have knowledge of the company’s actions.
Both Decrees will remain in force during the State of Emergency.