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Paid Leave: How will workers’ compensation be handled?

Deductions from the wages of employees cannot be made. | Font: Andean

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During the onset of the COVID-19 health emergency, thousands of workers were forced to take paid leave, meaning they continued to receive wages but their work was paralyzed.

Nearly three years after the start of the pandemic and the resumption of face-to-face activities, the Executive Branch published Law 31362, which establishes measures to ensure that these employees make up for unworked hours.

“This rule applies to those workers who took paid leave, either because they didn’t do their work remotely, because it wasn’t possible, or because they belonged to a risk group,” explains Helga Irazola, an employee of Etude Rebaza’s labor department , Alcazar and De Las Casas.

The specialist points out that this measure is transversal in nature, i.e., it applies to both employees public and private sectorregardless of the regime to which they belong.

How will they be able to compensate for unworked hours?

“The two compensation mechanisms that have been provided are overtime and vacation work,” he said.

The labor lawyer clarifies that it is assumed that every hour of overtime or training outside of her working timethey compensate for the equivalent of three paid hours.

“There were certain conditions, for example, that overtime work could not exceed two hours a day or 52 hours a week,” he says.

Another modality is related to the holidays of an employee who was on paid leave.

“For each day of vacation, forgiveness or compensation for three days of vacation is understood. licensebut the maximum vacation period that can be compensated is 15 days,” he adds.

The specialist also points out that the measure establishes the obligation to inform employees within 15 days after the entry into force of the law, which begins today.

In doing so, companies must indicate to their employees how many hours they have waiting for compensation so that they can anticipate the time that compensation may take.

In addition, it emphasizes that there is only a period of one year from the date the law comes into force to compensate for hours waiting to be returned. After this period, all watches are considered to have been forgiven and no discounts can be made on wage from workers.

Source: RPP

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