By resolution 297, the labor portfolio establishes that employees will be exempt from the duty of assistance if they cannot perform remotely
The Ministry of Labor detailed how the wages of the workers in compulsory isolation will be paid and defined aspects of the working conditions of essential personnel, at the same time that it provided tax benefits for the hiring of new employees.
Through resolution 297, the labor portfolio establishes that isolated employees will be exempt from the duty of attendance at work and when their tasks can be carried out from the isolation home, they must establish with their employer the conditions in which said task will be carried out.
In this framework, article 1 indicates that “those who actually agree to this way of carrying out their tasks will receive their remunerationThey are customary as long as, in those cases where this is not possible, the amounts received will be non-remunerative, except for contributions and contributions to the health insurance system and to the National Institute of Social Services for Retirees and Pensioners. ” AFIP will arrange the necessary measures in order to verify the correct application of the resolution.
Within the concept of workers are included those from the public and private sectors, who provide services continuously under non-dependent figures such as service locations regulated by decree 1109/2017 (autonomous professional services that are necessary for the development of tasks, studies , special projects or programs), similar contracts in the private sector, scholarships in workplaces and internships, as well as medical residences included in Law 27,451. and cases of moonlighting or multiple recipients of services.
The essential personnel, meanwhile, must continue with their activities, since according to the norm “constitutes an exceptional demand of the national economy.” Article 4 provides that “the reorganization of the working day to guarantee the production of the activities essential declarations in adequate health conditions in accordance with the protocols established by the health authority, shall be considered a reasonable exercise of the powers of the employer” and that the additional hours resulting from the emergency will have a 95% reduction in the aliquot of employer contributions destined to the pension system.
Finally, the Ministry of Labor established that the need to hire personnel while the preventive and compulsory social isolation lasts must be considered “extraordinary and transitory” in the terms of article 99 of the Labor Contract Law. And it resolved that the wages of the workers hired for this period under this modality will have a reduction of 95% of the employer contributions that go to the pension system.
Decree 297 published this Thursday in the Official Gazette defines which activities are exempt from “social, preventive and compulsory isolation” and from the prohibition to move, as they are essential in the emergency. This category includes:
1. Health Personnel, Security Forces, Armed Forces, migratory activity, national meteorological service, firefighters and air traffic control.
2. Higher authorities of the national, provincial, municipal and Autonomous City governments of Buenos Aires Workers of the national, provincial, municipal public sector and of the Autonomous City of Buenos Aires, summoned to guarantee essential activities required by the respective authorities .
3. Personnel of the justice services on duty, as established by the competent authorities.
4. Foreign diplomatic and consular staff accredited to the Argentine government, within the framework of the Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations and the staff of international organizations accredited to the Argentine government, de la Cruz Red and White Helmets.
5. Persons who must assist others with disabilities; family members needing assistance; older people; to boys, girls and adolescents.
6. People who must attend to a situation of force majeure.
7. People affected to the performance of funeral services, burials and cremations. In such a framework, activities that signify meeting of people are not authorized.
8. People affected to the attention of school, community canteens and picnic areas.
9. Personnel that works in audiovisual, radio and graphic communication services.
10. Personnel affected by public works.
11. Wholesale and retail supermarkets and local retail stores. Pharmacy. Hardware stores. Veterinary. Bottle supply.
12. Food industries, their production chain and supplies; personal hygiene and cleanliness; of medical equipment, medicines, vaccines and other sanitary supplies.
13. Activities related to the production, distribution and commercialization of agriculture and fishing.
14. Telecommunications, fixed and mobile internet and digital services activities.
15. Non-deferrable activities related to foreign trade.
16. Collection, transport and treatment of urban solid waste, dangerous and pathogenic.
17. Maintenance of basic services (water, electricity, gas, communications, etc.) and emergency care.
18. Public passenger transportation, transportation of goods, oil, fuels and LPG.
19. Home delivery of food, medicines, hygiene products, cleaning products and other supplies of need.
20. Laundry services.
21. Postal and parcel distribution services.
22. Essential surveillance, cleaning and guard services.
23. Minimum guards to ensure the operation and maintenance of Oil and Gas Fields, Oil and gas treatment and / or refining plants, transportation and distribution of electrical energy, liquid fuels, oil and gas, fuel vending stations and generators of electric power.
24. S.E. Casa de Moneda, ATM services, transportation of flows and all those activities that the CENTRAL BANK OF THE ARGENTINE REPUBLIC has essential to guarantee the operation of the payment system.
The Chief of the Cabinet of Ministers, in his capacity as coordinator of the “General Coordination Unit of the Comprehensive Plan for the Prevention of Public Health Events of International Importance” and with the recommendation of the health authority, may extend or reduce the exceptions provided, in function of the dynamics of the epidemiological situation and the efficacy observed in complying with this measure.
In all these cases, employers and employers must guarantee the hygiene and safety conditions established by the Ministry of Health to preserve the health of workers.
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