Summary Ministerial Agreement 080

March 26, 2020

On March 28, 2020, the Ministry of Labor issued Ministerial Agreement 080, which reforms ministerial agreement MDT-2020-077 of March 15, 2020, wherein guidelines were issued for the application of the reduction, modification or suspension of the workday during the declaration of a health emergency.

The following is a summary of that agreement:

The possibility of implementing a payment schedule:

Freely and voluntarily, and by mutual agreement, the employer and worker may establish a schedule for the payment of the worker’s remuneration corresponding to him/her during the time the emergent suspension of the working day is in force.

Emergency modification of the working day:

The employer may emergency modify the working day of its workers, including work on Saturdays and Sundays, however, it must provide for the rest of the workers for two consecutive days.

Recovery of the suspended workday:

Through this Agreement, the form of recovery of the suspended workday is modified. The employer shall determine the mode and schedule of recovery and it shall be up to 12 hours per week and on Saturdays up to 8 hours.

Emergency vacation planning:

As a consequence of the health emergency, the employer may determine the enjoyment of the accumulated vacations to which the worker would be entitled. Additionally, provided that there is consent by the worker, it may be agreed to take early vacation, in which case, the corresponding vacation request must be signed.

Working modalities to be agreed upon:

The employer and the workers, by mutual agreement, may agree on special working modalities that are established in the existing regulations, and which respond to the conditions arising from the Covid-19 pandemic, such as: the impossibility of mobilization, prevention of risks of contagion and the financial situation of the employer; all of which does not imply the waiver of workers’ rights.

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