By Decree No. MDT-2020-093 on May 3, 2020, the Ministry of Labor issued the guidelines to reactivate the economy and progressively resume work in the private sector. The Decree aims to protect the health of workers and comply with the protocols issued by the government emergency committee (COE). The main points in the Decree are:
- According to the nature of the activities, employers will implement the different work methods set out in the Ministerial Decrees issued during the emergency, such as remote working, changing work schedules, decreased working hours.
- Employees who are remote working or subject to emergency telework will continue this method as per the “Guide and general plan for the progressive return to work activities MTT6-003 2020”, approved by the government emergency committee (COE).
- To avoid crowding, the employer will establish the times, shifts, dates and work groups to begin activities with extended shifts or a system to make up hours, considering the capacity by area of work, activity or process.
- The employer must comply with the “Guide and general plan for the progressive return to work activities MTT6-003 2020” approved by the government emergency committee (COE).
- The employee must comply with the work health and safety measures in consideration of the applicable occupational hazards, making sure to comply with safe distancing protocols.
- The employer must provide the necessary means for transporting employees, plus the logistics to ensure they can work their in-person shifts. The priority remains to prevent the spread of COVID-19 and comply with the orders of the government emergency committee.
- The employer must provide health guides and the necessary training so that employees know and apply the protocols which protect their health.
- The employees must obey all preventive rules and procedures set by the employer to provide their services.
Workers who cannot return to the workplace
- Workers in priority groups, who care for disabled people, and who cannot return to the workplace due to a health condition will work remotely from home and adapt their work to this method.
People in priority groups are the elderly, children, teenagers, pregnant women, people with disabilities, and those with catastrophic illnesses or complex medical conditions.
Control and sanctions
- The Ministry of Labor will carry out the controls and verifications regarding compliance with the measures taken.
- Any employer who fails to comply with the workplace health and safety rules will be sanctioned according to the existing regulations.
Making up for suspended work hours
- To make up work hours, the limits on maximum work shifts established in the Work Code must be respected.