- Implement non-presential mechanisms: make use of teleworking if it is structured, otherwise resort to alternative measures such as remote or distance working. For remote or distance working, we suggest the following:
- Remember confidentiality obligations that are in force by the employment contract or reinforce them if it is necessary. A statement may be prepared to remind those obligations, or an amendment to reinforce certain points.
- Please inform the Labor Risk Insurance Company (“ARL” for its acronym in Spanish)
- Follow up on company’s devices provided to the employees, leaving a record of the responsibilities assumed in relation to such devices.
- In case of not being able to implement remote working or teleworking, due to the nature of the activity developed, we suggest considering the following alternatives:
- Establish work shifts and flexible schedules:it is possible to implement alternatives in work service that include reducing personnel in work areas, “doing the most with the least”, establishing work groups that take turns so that the operation continues.
- Annual anticipated and collective vacations: employees may be notified of the start of collective vacations for all of them or for groups who cannot perform remote working nor implement flexible schedules.
- Work compensation:the implementation of work compensation mechanisms may be agreed with the employees, consisting of: (i) setting an agreed upon time period for the application of the compensation, (ii) agreeing on the payment of wages during non-working days within such period, (iii) agreeing on the compensation for these days, once the agreed period ends, which may be done either on Saturdays, Sundays or during week-days by extending the number of working hours per day. This may be a complementary measure, on the understanding that it is not possible to determine at this time the required length of the period.
- Paid leave: paid leave may be granted to employees, when necessary and as long as it is financially and operationally feasible.
- Suspension of contracts: we suggest this as the last option to be implemented and, in this order of ideas, the possibility of doing so should be verified when the above-mentioned options have not been able to be implemented. Please bear in mind that the suspension of contracts must be adequately supported, demonstrating that there is in fact an impossibility to perform employment contracts, and that other options were tried and evaluated. This is so, since this type of decision could be reproached by labor, administrative and/or judicial authorities if its implementation lacks factual and legal support.
- In these events of suspension of the employment contract, the employer must continue to pay contributions to the social security system (we suggest, to all three systems: health, pensions and occupational risks). The periods of suspension of the employment contract can be discounted for the settlement of vacations and unemployment saving aid, but not for legal services bonus, interest on unemployment saving aid and other extra-legal benefits.
- Create a Covid-19 care team, which can centralize the requirements. Under the coordination of this team, a telephone number for contact and/or case reporting may be established.
- Notify the need for cleanliness and hygiene of people, work devices, and work facilities. Demand constant hand washing, use of antibacterial gel, antiseptic alcohol for cleaning, and disinfection of work areas that are used frequently. If flexible work shifts are used, the working area used by them must be disinfected before and after the change of shifts to ensure hygienic and adequate access.
- Design a care and work protocol, in which the most important parameters to be considered by the employees and the different positions are defined. Define work leaders, who must supervise the fulfillment of the functions and coordinate the forms of work.
- Identify high-risk personnel to coordinate special work plans, including: persons with chronic and/or respiratory diseases, persons over 60 years of age, pregnant and breastfeeding women, persons who have recently suffered from dengue fever, persons who have a family member who needs special care or who have minor children under their exclusive care as a result of the cessation of educational activities. With these people, alternatives other than those which are presented may be considered, on the understanding that they have a higher level of exposure to the virus.