Castellán

This pandemic has caused major changes in our routines and particularly from a work perspective (telecommuting, reduced activity, business closures, decreased activities, partial and total unemployment insurance). Likewise, mandatory prevention measures have been approved for employers in order to preserve the health of workers and minimize contagion in society.

In this report, we review some of the most relevant issues to date.

Unemployment insurance (lack of work cause). Flexibility.

Last week, a special unemployment benefit regime (unemployment insurance) was approved for lack of work cause, of a transitory nature, for a period of 30 days, extendable for an equal period by the Executive Power. It includes monthly dependent workers (both with fixed and variable remuneration) from all branches of activity.

The flexibility is given by the fact that, until now, only day laborers could be sent to \"partial\" unemployment insurance due to reduced work (either by fewer days or hours per month). Now everyone has that possibility.

This subsidy covers, specifically, monthly workers in a situation of partial suspension due to a reduction in the number of work days in the month (with a minimum of 6 working days in the month), or due to a reduction in the total hours of their usual schedule by 50% or more of the legal or usual percentage in normal times.

The requirements for access to this insurance are the same as in the general regime (regulated in Decree Law 15,180 and amendments), except for the following two aspects: it is expressly stated that the pending leave does not need to be exhausted and access is enabled for workers who have exhausted the right (that is, they had not generated it again).

The amount of the subsidy is equivalent to 25% of the average monthly remuneration received in the previous six months, calculated proportionally to the period covered by the subsidy.

The Social Security Bank is working to implement this new special subsidy, and companies that need to apply for coverage under this regime have been informed that within the first 10 days of the following month after the reduction occurs, they must send the list of workers who meet the eligibility conditions to the Social Security Bank. The subsidy payment will be made during the following month after the reduction occurs. The forms and procedure to follow would be available on the institutional website shortly.

Advance of 2020 leaves: another measure to alleviate this situation.

The MTSS issued a resolution authorizing, exceptionally and generally, the advance of the enjoyment of the leaves generated in the current year, paying the corresponding amount for leave and vacation pay as established by current regulations. Agreement between worker and employer is required, and the reason is based on the situation caused by the pandemic.

Companies wishing to use this tool must put the agreement in writing and submit it to the MTSS, for the knowledge of the General Labor and Social Security Inspection. It must be sent to: inspecciondetrabajo@mtss.gub.uy and must correspond to the entire leave period or the previously agreed fraction, which can never be less than 10 days.

Special leave for the Construction industry.

In order to minimize the spread of the virus, the Uruguayan Construction Chamber, the Construction League, the Association of Private Construction Developers, and the Single Construction Union (SUNCA) reached an agreement whereby a special unpaid leave was agreed for construction site personnel, from March 24 to April 5 of the current year.

In addition, it was agreed to pay an \"extraordinary one-time payment\" to all active workers as of March 16, 2020, equivalent to $16,505.52 (Uruguayan pesos sixteen thousand five hundred five point fifty-two). Payment will be made via BPS for those included in Law 14,411 (social contributions) and through companies for those excluded, and its financing can be estimated as follows: 50% by companies, 30% by the State, and the rest by workers (they will contribute one day of leave and one day of vacation pay for 2020).

Protocol of action to be implemented by companies providing control and prevention measures.

Expanding on the information already shared on our website last Sunday, March 15 (https://acortar.link/EdC0aU) regarding the guidelines to consider in the adoption of these Protocols, we add those that have been subsequently established by the MTSS:

- Within the communication mechanisms to workers (informational material, signage, etc.), general information about the characteristics and risks of the disease caused by Covid-19 must be included.

- The necessary hygiene material (such as gloves and alcohol) must be provided in the workplace to comply with the control and prevention measures issued by the MSP.

- Although the WHO recommends the use of masks or face coverings in cases where there is contact with a suspected person or with symptoms, their use may be considered in jobs that involve frequent contact with people.

- Frequently disinfect work areas and equipment such as: phones, desks, keyboards, etc.

- It must be indicated that personal items such as mate, straw, and cutlery should not be shared.

- Ensure the proper maintenance of equipment that projects air, such as hand dryers and air conditioners. Increase hygiene and ventilation care in confined spaces.

- Instruct those performing work tasks to wash their hands frequently or use hand sanitizer. Place visible informative signs for this purpose.

- Ensure the supply of soap in bathrooms and kitchens.

- Place hand sanitizer dispensers in visible locations, and ensure their replenishment.

- Organize work so that there is a distance of at least one and a half meters between workers or between them and the public.

- Avoid the concentration of people in the workplace, ensuring that their number is limited to the minimum possible.

Montevideo, March 23, 2020.