COVID-19 employment protection measures with compensable paid leave for workers

Published: April 17, 2020
COVID-19 employment protection measures with compensable paid leave for workers

Employers may grant compensable paid leave and then agree to a system of compensation with additional working hours, suspension of extralegal benefits and agreements with union workers.

Based on the alternatives presented by the Ministry of Labor in Circular 021 of 2020, additional mechanisms are added to be implemented by employers to protect employment through Circular 033 of April 17, 2020, which establishes employment protection measures in the mitigation phase of the new COVID-19 coronavirus.

Among these is compensable paid leave, to grant leave to their workers to allow them to enjoy rest during the health emergency and then be compensated with additional working days to those initially agreed or in effect compensated with holidays or dates that are customary to grant leave (Easter, New Year's Eve, etc.). Likewise, there is the mechanism of suspending extra-legal benefits that are of mere liberality and do not constitute a salary, such as extra-legal bonuses, occasional incentives, which facilitate the adequate provision for the stability of employment.

On the other hand, union organizations or non-unionized workers and employers may seek dialogue scenarios in order to generate solutions in common agreement between the parties, without affecting legal rights that allow for extra-legal agreements.