sensei
18/03/2020
Legal measures in the labor relations against COVID-19
Given the health situation we are in, it is important to take into account the obligations that exist for companies in terms of health and safety in their workplaces, as well as what may happen in the working relationships with their employees.
Given the experience with the H1N1 flu outbreak in 2009, the Federal Labor Law was reformed to provide for the following:
- In case of the competent authorities issue a “declaration of health contingency”, work relations will be suspended. In other words, the worker will not be obliged to provide his services and the employer will not be obliged to pay wages either.
- In this case, the employer shall be obliged to pay compensation to the workers equivalent to a general minimum wage in force for each day of the suspension and up to a maximum of 30 days.
For the time being, no mandatory health contingency declaration has been determined, so it is important that all companies are aware of how they can legally deal with the current situation. That is why we would like to draw your attention to the following:
- It may be agreed and/or forced for employees to take vacation during this period.
- Changes to shifts and working hours can be agreed with employees.
- It can be agreed with the employees to suspend the working relationships, either with or without pay.
- The Board of Conciliation and Arbitration may be asked to suspend employment relations due to force majeure or fortuitous event. This is done through a legal procedure that takes time.
It is important to note that the above measures require the consent of the worker(s), except for the procedure before the Board for the collective suspension of relations and the exercise of enjoyment of the holidays already generated, where the employer can determine when they should be enjoyed.
It is time to raise awareness of the priorities. Without a doubt, we are facing a situation that generates a great economic impact, however, much more important is the health of our human resources than being our human capital, if it gets sick, it would also generate greater economic damage. Therefore, we urge you to make an effort, as far as possible, to face this adversity with the least possible damage.
We remain at your service so that, in each particular case, we can advise you on this matter.
Legal measures in the labor relations against COVID-19
sensei
18/03/2020
Given the health situation we are in, it is important to take into account the obligations that exist for companies in terms of health and safety in their workplaces, as well as what may happen in the working relationships with their employees.
Given the experience with the H1N1 flu outbreak in 2009, the Federal Labor Law was reformed to provide for the following:
- In case of the competent authorities issue a “declaration of health contingency”, work relations will be suspended. In other words, the worker will not be obliged to provide his services and the employer will not be obliged to pay wages either.
- In this case, the employer shall be obliged to pay compensation to the workers equivalent to a general minimum wage in force for each day of the suspension and up to a maximum of 30 days.
For the time being, no mandatory health contingency declaration has been determined, so it is important that all companies are aware of how they can legally deal with the current situation. That is why we would like to draw your attention to the following:
- It may be agreed and/or forced for employees to take vacation during this period.
- Changes to shifts and working hours can be agreed with employees.
- It can be agreed with the employees to suspend the working relationships, either with or without pay.
- The Board of Conciliation and Arbitration may be asked to suspend employment relations due to force majeure or fortuitous event. This is done through a legal procedure that takes time.
It is important to note that the above measures require the consent of the worker(s), except for the procedure before the Board for the collective suspension of relations and the exercise of enjoyment of the holidays already generated, where the employer can determine when they should be enjoyed.
It is time to raise awareness of the priorities. Without a doubt, we are facing a situation that generates a great economic impact, however, much more important is the health of our human resources than being our human capital, if it gets sick, it would also generate greater economic damage. Therefore, we urge you to make an effort, as far as possible, to face this adversity with the least possible damage.
We remain at your service so that, in each particular case, we can advise you on this matter.
