Transitional Provision That Protects Workers with Vulnerable Medical Conditions against Covid-19

Dear Clients and Friends:

ROMERO PINEDA informs you that as of December 1, 2020, Legislative Decree No. 774 comes into force ““Transitional Provision that Protects Workers with Vulnerable Medical Conditions Against Covid-19” which reproduces the text of decree No. 724 in force until October 22.

The main objective of the Decree in question is to protect workers with vulnerable medical conditions, within the framework of the Covid-19 pandemic, thus preventing them from being subject to contagion in addition to guaranteeing their job stability and salary.

This law will be applicable for the benefit of all those workers who have vulnerable medical conditions both in the public and private spheres within the entire Salvadoran territory.

Article 3 of the Decree establishes that the following will be considered workers with vulnerable medical conditions:

• All workers who are over sixty years of age with chronic pathology.
• Women in high-risk pregnancy.
• People with chronic degenerative diseases.
• People with chronic kidney failure.
• Transplanted people.
• People with complicated systemic and pulmonary arterial hypertension.
• People diagnosed and undergoing treatment for cancer.
• People on immunosuppressant treatment.
• People with chronic decompensated lung diseases.
• People with morbid obesity.
• People convalescing from COVID-19 in their first month of recovery.

Employees who have any of the conditions mentioned above must present a disability duly authorized by the ISSS (Salvadoran Social Security Institute).

Workers with vulnerable medical conditions may take shelter in their respective homes in order to avoid contagion. Consequently, they cannot be affected at work if they are authorized not to attend their workplace during the validity of this law.

These workers, depending on the type of their functions, must be assigned activities under the teleworking modality.

For private sector employees who have a disability and are authorized not to appear at the workplace, they must receive the respective subsidy from the ISSS according to the disability presented.

In the event of non-compliance with the obligations stipulated in this decree, the employer will be liable to administrative sanctions in the event that the violated employees are forced to report to the workplace or do not pay the corresponding salary and other labor benefits in a timely manner. regular.

Finally, this law will come into force on the day of its publication in the Official Gazette and will cease to be in force 180 calendar days after its publication, that is, on May 29, 2021.

For more information and legal assistance in this matter, please do not hesitate to contact Ms. Beatriz Merino (Coordinator of the Labor Unit) at (503) 2505-5555 or by email bmerino@romeropineda.com.

It will be a pleasure for us to serve you.