General considerations:

Application of these rules is mandatory for employers and workers in the public and private sectors.

To avoid coronavirus propagation, the Ministry of Health, the Departmental Health Services and the autonomous territorial entities shall coordinate with employers on the following:

- Conduct an analysis of the environment of diagnosed patients and their recent activities, with a view to identifying suspected cases of coronavirus.

If suspicious but undiagnosed cases are detected: i) the workers must immediately be isolated in their homes; ii) the employer must report this situation to the pertinent health authority so that the latter may set the appropriate period of observation and isolation; and iii) cases showing signs for alarm must be sent to the pertinent health establishments.  

Employer obligations:

  • Adopt measures for safeguarding health to prevent and contain coronavirus at their establishments:

- Provide disinfectant or antibacterial products.

- Announce, foster and implement personal hygiene measures. 

- Implement biosecurity measures.

- Distribute and circulate promotional material issued by health authorities.

- Arrange mechanisms for prompt attention of their workers with the National Health System.

- Give exceptional temporary leave from work for employees constituting suspicious cases.

  • To avoid coronavirus propagation, implement special working conditions (continuous workday, videoconferences, video calls, changes in shifts, and others) for older adults, pregnant women, persons with chronic illnesses, immunosuppressed patients, and other risk groups. The measures indicated are by way of example and not limitation, so that the employer may implement other types of measures to guarantee the wellbeing of these workers.

Labor rights of persons suspected of having coronavirus and persons infected with coronavirus:

  • Infected persons:

- Medical leave for the time indicated by the competent authority. The leave time may be extended when the attending physician and the health authority consider it advisable.

- To accredit medical leave, the employer should request the medical certificate issued by the establishments authorized by health authorities.

  • Suspected cases:

- Exceptional paid leave for the duration of the observation and isolation measure established by the competent authority. The length of the leave may be extended when the attending physician and the health authority consider is advisable.

- To accredit exceptional leave, the employer should request the medical certificate issued by the establishments authorized by health authorities.

- This leave is not subject to deductions or other compensatory measures.

CLICK HERE for access to Bi-Ministerial Resolution No. 01/20 of March 13, 2020.