Argentina: Employees placed in “Mandatory Preventive Social Isolation” are relieved from duty to attend the workplace

Resolution 219/2020 of the Ministry of Labour, Employment and Social Security provides that employees who have been placed in “Mandatory Preventive Social Isolation” are relieved from the duty to attend the workplace.

The resolution provides that in case their tasks or other similar tasks can be performed from the place of isolation, they must establish with their employer the conditions under which such work will be performed.

The resolution also provides that those employees who performed their tasks from their place of isolation shall collect their usual salary. In case it is not possible for employees to perform the tasks from their place of isolation, the amounts that they will collect shall not be considered salary for tax and social security purposes, with the exception of contributions to the national health insurance and pension system.

The resolution establishes that those employees who provide services in the activities considered essential under Section 6 of Decree 297/2020 will be considered essential personnel under the terms of Resolution 207/2020 and, therefore, are not relieved from the duty to attend the workplace and must also work overtime, if required by employer.

The resolution establishes that the reorganisation of the working schedule in order to guarantee the continuity of the production of the activities declared essential, in adequate health conditions in line with the protocols established by the health authority, will be considered a reasonable exercise of the employer’s powers. Any overtime worked for such purposes, will be granted with a social security benefit equal to a 95% reduction of the rate provided for in Section 19 of Law No. 27,451 for the Argentine Integrated Social Security System.

The resolution provides that during the term of the mandatory isolation, the hiring of personnel will be considered as extraordinary and transitory in the terms of the temporary employment contract provided in Section 99 of Labour Contract Law. The salaries of the workers hired during this term and under this temporary employment alternative, will be granted with a social security benefit equal to a 95% reduction of the rate provided for in Section 19 of Law No. 27,451 for the Argentine Integrated Social Security System.

Lastly, the resolution establishes that employers must provide the personnel that must continue to provide tasks (e.g. those employees who provide services in the activities considered essential under Section 6 of Decree 297/2020) with a certification to be exhibited in case of police controls, that shall include the company´s name, telephone number and all other information that may allow an adequate identification of the company, as well as the name, ID number and address of the worker, his/her qualification as essential personnel and address of the place of work.

This report cannot be considered as legal or other advice by Allende & Brea or as including all the subjects of the matters described herein. For additional information on any matter related to labor issues in Argentina, please contact Nicolás Grandi (ngrandi@allende.com) at +54 (11) 4318-9984.

For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.