March 30th, 2020
DECRETO 884

The Ministry of Work enacts Decree 488 of March 27, 2020, adopting measures in the labor field to promote job retention and provide alternatives to employees and employers within the Economic, Social and Ecological Emergency declared by the National Government through Decree 417 of 2020.

This Decree is applicable to employers, employees, co-national pensioners abroad, Occupational Risks Insurance Companies, Entities that administrate Pension and Unemployment Saving Aid Funds of a private character, and Family Compensation Funds. 

According to this Decree, employees have the following alternatives until the facts leading to the Economic, Social and Ecological Emergency remain: 

1.    Withdrawal of unemployment saving aid: The employee who has had a decrease in his/her monthly income, certified by his/her employer, may withdraw monthly from his/her unemployment saving aid account an amount allowing him/her to offset said reduction, in order to maintain his/her income constant. This provision only applies to Private Pension and Unemployment Saving Aid Fund Administrators, excluding the National Savings Fund.

The request, approval and payment of the employees´ unemployment saving aid will be made through virtual means due to the emergency. 

To carry out this withdrawal, Pension and Unemployment Saving Aid Fund Administrators cannot impose additional requirements limiting the application of this benefit.

2.    Vacation notification: The employee may request vacation 1 day in advance. 

3.    Benefits related to the Unemployed Protection Mechanism: As funding permits, employees and A and B category contractors who have been dismissed and have made contributions to a Family Compensation Fund during a year, continuous or discontinuously, within the last 5 years, will be entitled to the following benefits: 

   3.1. The benefits of the Solidarity Fund to Promote Employment and Unemployed Protection; and 

   3.2. An economic transfer to cover expenses according to the needs and consumption priorities of each beneficiary, for an amount of 2 legal monthly wages, divided into 3 equal monthly installments to be paid during the emergency and, in any case, for  a maximum term of 3 months.

Applicants shall fill out the corresponding application to the Family Compensation Fund where they affiliated. For such purpose, the request, approval and payment of these benefits will be made by virtual means due to the emergency.

Likewise, employers have the following alternatives until the facts leading to the Economic, Social and Ecological Emergency remain: 

1.    Vacation notification: Grant their employees accumulated, advance or collective vacation, notifying them 1 day in advance. 

Similarly, the Occupational Risks Insurance Companies will allocate resources from the Occupational Risks System´ contributions (5%) to carry out promotional and prevention activities and emergency and intervention activities addressed to their affiliated companies´ employees, who as a consequence of their duties are directly exposed to the virus contagion. Among these employees are health care employees, both administrative and support employees, including cleaning, surveillance and food personnel directly related to the provision of this service; employees in air, sea or ground transport terminals, border control, fire department, civil defense and Red Cross for the purchase of personal protection items, frequent preventive medical check-ups and diagnostic, as well as direct intervention actions associated with the containment, mitigation and care of Covid-19.  

Lastly, until the facts leading to the Economic, Social and Ecological Emergency remain, as of March 27, 2020, it will be suspended the term for the renewal of the survival certificate of the co-nationals outside the country to the General Social Security System.
 

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