The Humanitarian Assistance Act came into force on June 22, 2020, and since that date there have been employers who are enforcing contracts and reducing working hours. Photo: File / EL Commerce
As of June, Fig Decreased days, Which was renewed for another year will be phased out in some companies that have adopted it Humanitarian Aid Act. In some cases, these measurements can last up to three years, depending on the implementing system.
The Emergency reduction in working hours As a result of the epidemic, it began to be used more and more. Some employers have implemented it through Ministerial Agreement 77 Ministry of Labor In March 2020, which approved its provisions Job code They also made it through this theme Humanitarian lawWhich came into effect in June of that year
The law establishes that the employer is responsible for an incident of coercion or a fair offense Reduce the day Up to a maximum of 50%. And the wages of the workers will match those times and will not be less than 55% of that set before reduction.
In addition, it was established that its application for one year, at the same time, including renewal on a single occasion. Thus, those who accepted it in June 2020 and renewed it in 2021 must stop it in June this year.
In some cases the reduced working days can last up to three years
Vanessa VelasquezA labor lawyer said that time Short time It depends on when the company will implement it. As it is currently a valid statistic, it has been applied to employers in 2021 and, if they renew it, it will last till 2023. “Even this year, it could be taken, since we are still at a time about that epidemic,” the expert explained.
Workers covered by this statistic need to remember when they were changed Working day And, above all, it is up to them to decide when to return to normal working days.
In some cases, these remedies may not last just two years. For example, companies have taken advantage of Short time For him Job codeAccording to the ministerial agreement, they had six months to implement the measure. After this period they can renew it for another six months. That is, the measurement lasted one year.
Since then employers have been able to re-apply Short time For one more year, with Humanitarian law, And renew it for the same period, as authorized, Alba Guevara explained, teacher and labor lawyer. In this case, the figure will be applied for three years.
For Ivan Nolivos, a labor lawyer, that is the ideal that should prevail Humanitarian lawFor which experts have considered that Short time Under no circumstances should it be extended beyond two years. “If there is any doubt about the application of a legal rule, it must be applied in the sense that it is in the best interest of the worker, not the employer,” he said.
Companies may offer options to maintain special days
Although Humanitarian Aid Act It establishes that a reduced working day cannot be applied for more than two years, it also proposes an agreement to preserve the source of employment, which may be proposed by the employer or employee.
These changes include The economic status of the contract. This may not be affected Basic salary Or Sector wages Scheduled for full-time or proportional.
Velasquez noted that these agreements are indefinite and bilateral in nature; I.e. through an agreement between the employer and the worker. If these are reached Agreement With most employees and employers, they will be mandatory even for employees who do not subscribe to them, experts say.
The law establishes that employers must clearly and completely present their justifications for membership requirements, so that employees can make informed decisions. However, Guevara noted that this does not happen. “Companies are not transparent with workers Financial statements“Sure.
Velasquez also confirmed that these deals are not happening with them The process of feeding And it is not disclosed Right to appeal Any third party, such as a union, partner or shareholder, if there is no reason to implement the agreement.
Was until December 2021 17,349 short-term workersAccording to information froml Ministry of Labor. This medium has made some inquiries to the entity to know the current panorama, and no response was received until this note was closed.