#ElSalvador 🇸🇻 #AlertaLaboralBDS: Legislative Assembly / Executive branch - Ministry of Health

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Suspension of limitation periods and authorization of circulation for builders, electricians and workers of companies engaged in the production of beds and mattresses.
 
1.) SUSPENSION OF STATUTORY PERIODS - LEGISLATIVE DECREE 649.
The Legislative Assembly has decreed that any limitation periods under any administrative and judicial process will not run for as long as the aforementioned decree remains effective. Said regulation was approved on May 31, 2020.
 
The main provisions set forth the following:
  • Suspension of any public sector and municipal activities, except in case of work duties considered essential and relief efforts for the community.
  • Any persons older than 60, persons with chronic diseases listed in final paragraph of Article 1 of the aforementioned decree, as well as pregnant and nursing workers are not required to attend to work.
  • Suspended limitation periods refer to those under ongoing administrative and judicial procedures, except for those in connection with administrative detention and inquiring periods, and any hearings arising therefrom.
  • Any limitation periods in connection with domestic violence, constitutionality and some powers set forth in the Imprisonment Act are also exempted.
  • Said decree will be in force until June 10, 2020.
  • Its publication in the Official Gazette remains pending, which is the instrument that will ultimately contain the final wording of the decree.
2.) EXECUTIVE DECREE 28 – MINISTRY OF HEALTH. WORK PERMIT FOR COMPANIES ENGAGED IN THE PRODUCTION OF BEDS AND MATTRESSES. FREE CIRCULATION OF STAFF ENGAGED IN BUILDING, CARPENTRY AND ELECTRICITY WORK
 
In light of the damages caused by storm Amanda, which resulted in severe damages to national infrastructure, the Government acting through the Ministry of Health decided to amend the Decree 26 of the Ministry of Health still in force in terms of the persons authorized to circulate and the activities permitted to operate.
 
  • Said decree authorizes free circulation of carpenters, electricians and builders; as well as of workers of companies engaged in the production of beds and mattresses until June 4, 2020.
  • The aforementioned workers will be able to circulate freely without any applicable restrictions related to the final digit of their I.D. document, passport or resident card.
  • Industries engaged in the production of beds, mattresses and the like may operate at a 40% capacity while adopting the relevant hygiene standards and prioritizing social distancing.
  • Workers of these companies will be required to have a letter issued by their employers or human resources department lead, which must include the following:
- Name of the employer company.
- Position.
- Work duties.
- Clock-in and clock-out schedule.
- Address and method to reach the employer.
- Also, the employee must have the relevant badge identifying him/her as employee of said company.
 
  • As with the legislative decree, the final wording of the decree has not yet been published in the Official Gazette.
Final considerations
  1. There is no economic reactivation act yet; Decree 26 enacted by the Ministry of Health is still the only legal instrument currently in force – despite all constitutionality arguments raised against it – which limits enterprise operations and free circulation of citizens based on the last digit their I.D. document.
  2. Decree that authorizes the bed and mattress manufacturing industry does not release employers from their obligation to provide transportation as set forth in Decree 26 of the Ministry of Health.
If you have any doubt, please write us to digital@bdsasesores.com, indicating the country of your inquiry.
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