Author: Norma Villalobos
Associate – LatinAlliance El Salvador
Following the decision of the World Health Organization (WHO) to declare the Covid-19 outbreak a Global Pandemic; virus that has affected different regions; and although no case has yet been confirmed in El Salvador, the risk that we as a country face is imminent, the threat generated by this coronavirus, so the President of the Republic has decreed quarantine throughout the national territory.
Based on the significance of the declaration made by both the WHO and our government, many doubts arise regarding the way in which labor obligations should be addressed, in the event of an outbreak of the coronavirus in El Salvador; Therefore, it is important that companies are prepared for a possible national emergency.
In this article, we make reference to some recommendations based on the current labor legislation in our country; emphasizing that they are applicable as long as they do not contradict provisions that, in the event of an emergency, the competent authorities may issue at the time they consider them appropriate:
1. Have a prevention plan, which includes actions that range from providing its workers with updated information from health authorities and others related to the prevention and containment of the virus; As well as implementing appropriate hygiene and safety measures, to minimize the risk and prevent contagion, it is about strengthening compliance with the obligations already imposed by the General Risk Prevention Law in the workplace, to address this pandemic.
2. Take the measures that are necessary to comply with the guidelines issued by the competent authorities, and contribute to ensuring that workers comply with the established health protocols, providing the permits that are reasonably necessary to comply with the obligation imposed on them. imposes article 31 ordinal 10 of the Labor Code, regarding “Submit to a medical examination when required by the employer or the administrative authorities in order to verify your state of health.”
3. Instruct workers that, if they present any symptoms related to Covid-19, go to a health facility and immediately inform the employer of the corresponding diagnosis, as well as the measures recommended by the treating doctor; respecting at all times the medical disability regime applicable in the country.
The quarantines ordered by the COVID-19 epidemic will have the same treatment as temporary disabilities due to a common illness, provided for by the Labor Code, the Law on Holidays, Vacations and Licenses for Public Employees and the Social Security Law, for everyone. the corresponding economic and legal effects. In this case, the Salvadoran Social Security Institute is obliged to cover the entire daily disability allowance for the quarantined worker, during the time required for it.
During the duration of the medical disability granted to the worker, the employment contract will be suspended as indicated in article 36 of the 4th cause regarding the employment contract being suspended due to “Due to temporary disability resulting from a work accident, occupational disease.” common illness or accident”; and therefore the worker must report to the Work Center to resume work once the medical disability ends in accordance with articles 44 and 45 of the Labor Code.
4. Develop a protocol to be implemented in the event that a national health emergency is declared by the authorities that eventually prevents workers from attending the Work Center, so that remote work can be carried out to the extent possible. The International Labor Organization (ILO) has described resorting to teleworking as “a recommendable possibility” in the face of the spread of the coronavirus.[1]; However, given that this type of work provision is not currently regulated in the country, the measure must be agreed upon by employer workers, as well as any other alternative form that is possible according to the conditions of the company and the nature of the work to be performed. .
6. In every measure implemented by the employer, in response to the declaration made by the authorities, the constitutional principles in favor of the workers and their inalienability must be respected.
[1] Opinion issued by the director of the office of the International Labor Organization (ILO) for Spain, Joaquín Nieto, cited by the Efe Madrid Agency on Tuesday, March 10, 2020.