Immigration, Labor and Health Measures in the face of the Coronavirus Pandemic (COVID-19).

Romero Pineda informs you that the President of the Republic of El Salvador, Nayib Bukele, based on the declaration of COVID-19 as a Pandemic by the World Health Organization (WHO), which implies a public health emergency of International importance that requires all countries to begin the application of preventive and response measures, issued decree Number 13, which was published in the Official Gazette on March 11, 2020, whose main measures are the following:

  • All people entering the country will be quarantined for 30 days;
  • The entry of all foreigners (Tourists) through any border is prohibited; except residents or diplomats;
  • Classes and other educational activities will be suspended for 21 days from the publication of the decree in the Official Gazette.

State bodies are working on additional measures, so we will be providing more information when they are officially approved by the Government of our country.

Additionally, Romero Pineda recommends employers adopt the following measures:

Labor Measures:

  • Guarantee occupational health and safety conditions for employees, ensuring adequate health, hygiene and work environment.
  • Adopt control and protection measures for employees, seeking collective well-being rather than individual well-being.
  • Reinforce hygiene practices in the company.
  • Provide updated information to employees that comes from official media.
  • Take due consideration to pregnant employees and other employees who are in a situation of special condition.
  • In the event of a temporary closure of the company or when there are confirmed infections in the country, evaluate the possibility of agreeing with employees to take their vacations, agree with each employee on the conditions for working from home temporarily using technological tools. that they allow it; evaluate the possibility of suspending employment contracts; among other legal measures that guarantee the labor rights of employees.

Health Measures:

  • In the event of a suspected case of contagion, the public health authorities corresponding to the country must be immediately informed. telephone number 132.
  • In the event of a positive result, that employee's employment contract will be suspended due to a common illness; and consequently the employee would be entitled to the sickness benefit established in the Law of the Salvadoran Social Security Institute. Additionally, as a result of the occupational health and safety obligation, the employer must guarantee that the workplace is in optimal health conditions when resuming operations with other employees.
  • In the event of a quarantine case, adopt the measures decreed for the case.

These initial recommendations may be modified in the event of official decrees issued by the State, so we will be expanding any corresponding information.

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

It will be a pleasure for us to serve you.

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