New Developments under Mandatory Isolation

Today, new labor standards were published in the Official Gazette that modify the regulations in force to date.

 

Incorporation of New Activities and Services except for Isolation in the City of Buenos Aires, Provinces of Buenos Aires and Santa Fe

Administrative Decision 763/2020 incorporates new activities and services exempted from the isolation in the City of Buenos Aires, Province of Buenos Aires and Santa Fe.

Each jurisdiction must issue the necessary regulations for the development of the exempted activities, services and professions and may limit the scope of such exceptions or establish specific requirements for their development.

Individuals included in the exceptions must obtain the Single Certificate for Circulation - Covid-19.

 

New Minutes of the Committee of the Emergency Assistance Program for Work and Production ( the "ATP" after its acronym in Spanish)

The benefits of the ATP Program are extended and new criterion is established for certain activities.

 

1) ATP Program – Extension until May

The Committee recommends that the benefits of the ATP Program - the Complementary Salary and the postponement and reduction of the payment of employer contributions to the Argentine Integrated Social Security System- be extended with respect to salaries and contributions accrued during May 2020.

 

2) Specific Sectoral Evaluations

The Committee must evaluate the requirements to grant the ATP Program benefits to the Health, Education and Transport areas.

 

3) Complementary Salary

The Committee recommends the Argentine Tax Authority (the “AFIP” after its acronym in Spanish) to evaluate ATP applicants’ invoicing, taking into account that the periods must be comparable in terms of constant variables and weighing up exceptional situations.

 

Regulation of Compulsory Labor Conciliation Procedures and Ratification of Spontaneous Agreements

Provision 290/2020 -of the National Directorate of the Compulsory Conciliation Service and Private Household Personnel- establishes the procedure to hold hearings and ratify settlement agreements, as well as suspension agreements pursuant to the terms of Section 223 bis of the Labor Contract Law (“LCT”).

Provision 290/2020 also sets forth that, if handwritten signatures to execute such suspension agreements cannot be obtained, the employer must provide the means to certify the authenticity of the worker's signature.

In addition, it provides the possibility for employees to resort to the “Assist Program” if they are not sponsored by a lawyer. According to such program, employees may receive free legal representation by an attorney appointed by the labor administrative authority to execute the agreements.