Employers must reach agreements with their employees to make up for the health emergency.
In order to protect the rights of workers and give flexibility to companies so that there are no mass layoffs, the Ministry of Labor issued a new agreement that follows the ruling on March 15, which gave four alternatives for the reduction, modification or suspension of working hours in the event of a health emergency.
The private sector employer may modify the working day, including work on Saturdays and Sundays, without violating the maximum working day provided for in the Labor Code. In all cases, rest must be guaranteed for two consecutive days.
In the case of the recovery of the working day, the first agreement established that, once the emergency was over, the private sector employer would determine the form and schedule of recovery, for up to three hours a day on subsequent days or up to four hours Saturdays.
However, now the provision says that the employer will determine the form and the recovery time of up to 12 hours a week and Saturdays 8 hours a day.
Regarding the payment of wages, the employer and workers, freely and voluntarily, may establish a payment schedule for the wages that by law correspond to them for as long as the suspension persists.
It also establishes that the employer may set the start and end dates for the use of the accumulated vacation period to which the worker is entitled.
In addition, provided that the worker’s consent is obtained, the employer may allow the enjoyment of early vacation periods.
The employer and its workers, by mutual agreement and considering the circumstances of the workplace or business, and the implications derived from the pandemic, may agree on work modalities established in the regulations issued by the Government.
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