Extension of the Social, Preventive and Mandatory Isolation

ARTICLE
Extension of the Social, Preventive and Mandatory Isolation: Labor Issues

On March 31, 2020, Executive Decree No. 325/2020 (the "Decree") was published in the Official Gazette, by which the President of Argentina ordered the extension of the Social, Preventive and Mandatory Isolation until April 12, 2020, inclusive.

April 1, 2020
Extension of the Social, Preventive and Mandatory Isolation: Labor Issues

The Decree states the following:
 

1. SOCIAL, PREVENTIVE AND MANDATORY ISOLATION
 

The validity of Decree No. 297/20 is extended until April 12, 2020 inclusive. Consequently, all persons living in the country or still temporarily in it must continue in the place where they are fulfilling the social preventive and mandatory isolation, until 12 April.
 

2. ABSTENTION FROM ATTENDING THE WORKPLACE: REMOTE WORK FROM THE PLACE OF ISOLATION
 

Those employees who are not covered by any of the exceptions provided for in Section 6, Decree No. 297/20 (please find the list below), and who are required to comply with the "social, preventive and mandatory isolation", belonging to the national public sector jurisdictions, agencies and entities, regardless of their form of employment, must refrain from attending their workplaces, but must carry out their tasks, as far as possible, from the place where they comply with the ordered isolation, complying with the indications of the corresponding hierarchical authority.
 

3. EXCEPTED PERSONS
 

Section 6 of DNU 297/2020 which ordered the "social, preventive and mandatory isolation", contemplates the exception to the walking and driving ban, for people affected to the activities and services declared essential in the emergency, also recalling that their displacements should be limited to the strict fulfillment of those activities and services:
 

1. Health Personnel, Security Forces, Armed Forces, migratory activity, national meteorological service, firefighters and air traffic control.
 

2. Senior authorities of the national, provincial, municipal and City of Buenos Aires governments, workers of the national, provincial, municipal and City of Buenos Aires public sector, summoned to ensure essential activities required by the respective authorities.
 

3. Personnel of legal services on duty, as established by the competent authorities.
 

4. Foreign diplomatic and consular personnel accredited to the Argentine Government, in the framework of the Vienna Convention on Diplomatic Relations and the Vienna Convention of 1963 on Consular Relations, and the personnel of international organizations accredited to the Argentine Government, of the Red Cross and White Helmets.
 

5. Persons who must assist others with disabilities; family members who need assistance; elderly persons; children and adolescents.
 

6. People who must attend to a situation of force majeure.
 

7. Persons affected by the performance of funeral services, burials and cremations. Within this framework, activities that involve the gathering of people are not authorized.
 

8. Persons affected to the attention of school and community canteens and picnic areas.
 

9. Personnel working in audiovisual, radio and graphic communication services.
 

10. Staff involved in public works.
 

11. Wholesale and retail supermarkets and local shops, Pharmacies, Hardware stores, Vets, Provision of gas cylinders.
 

12. Food industries, their productive chain and inputs; personal hygiene and cleaning; medical equipment, medicines, vaccines and other sanitary inputs.
 

13. Activities related to agricultural and fishing production, distribution and commercialization.
 

14. Telecommunications fixed and mobile internet and digital services activities.
 

15. Activities linked to foreign trade that cannot be postponed.
 

16. Collection, transport and treatment of solid urban, hazardous and pathogenic waste.
 

17. Maintenance of basic services (water, electricity, gas, communications, etc.) and emergency care.
 

18. Public passenger transport, transport of goods, oil, fuel and Liquid oil, Liquid Gas.
 

19. Home delivery of food, medicines, hygiene and cleaning products and other necessary supplies.
 

20. Laundry services.
 

21. Postal and parcel delivery services.
 

22. Essential surveillance, cleaning and guard services.
 

23. Minimum guards to ensure the operation and maintenance of oil and gas fields, oil and gas treatment and/or refining plants, transport and distribution of electric power, liquid fuels, oil and gas, fuel dispensing stations and electric power generators.
 

24. Argentine Exchange Authority, ATM services, transport of cash and all those activities that the Argentine Central Bank has in place to guarantee the operation of the payment system.
 

These exceptions were extended by Administrative Decision 429/2020 by which it was added:
 

25. Industries that carry out continuous processes whose interruption implies structural damage to production lines and/or machinery may request authorization from the Secretariat of Industry, Economy and External Commercial Management, so as not to discontinue their production, reducing their activity and staffing to a minimum.
 

26. Production and distribution of biofuels.
 

27. Operation of nuclear power plants.
 

28. Hotels affected by the emergency health service. They must also guarantee the benefits to the persons who were staying in these hotels on the date of Decree No. 297/20.
 

29. Minimum staff required for the operation of the Fábrica Argentina de Aviones Brig. San Martín S.A.
 

30. The authorities of the Argentine Securities and Exchange Commission may authorize the activity of a minimum staff and that of its regulated entities, if necessary.
 

31. Operation of airports. Operations of garages and parking lots, with minimum allocations.
 

32. Support of activities related to mining environmental protection.
 

33. Tanneries, with minimum equipment, for the reception of leather from the refrigeration industry.
 

34. Restaurants, prepared meals and fast food outlets may sell their products through home delivery services, subject to the specific protocol established by the health authority. Under no circumstances may they provide services with personal attention to the public.
 

4. ENTRY INTO FORCE
 

The Decree will enter into force as of its publication in the Official Gazette on March 31, 2020.