Considering the Coronavirus pandemic (COVID-19) declared by the WHO, the National Government implemented a social, preventive and mandatory isolation (Isolation Regime), by means of Decree No. 297/2020, which is in force as from the 00:00 hours of March 20, until March 31.
The National Government expressed that we are in a potential sanitary crisis that has no precedents, which requires extreme measures to preserve public health, and proposes the Isolation Regime as a measure that could avoid the massive propagation of the virus.
The Isolation Regime prohibits the circulation of individuals on routes, roads and public spaces. Individuals related to “essential” activities and services are exempted from the Isolation Regime. Although the decree does not indicate which activities are "essential", it includes a list of exempted individuals, which we summarize below:
- Government and diplomatic authorities.
- Personnel of the justice services on duty.
- People who must assist others with disabilities or family members who need assistance.
- People who must attend to a situation of force majeure.
- People providing funeral services.
- People serving at school feeding services.
- Personnel working in communications and broadcasting services.
- Personnel working at public constructions.
- Wholesale and retail supermarkets and local retail stores.
- People working at the production and supply of food, hygiene and cleaning products, medical equipment, medicines, vaccines and any other sanitary supplies.
- Activities related to the production, distribution and commercialization of agriculture and fishing products.
- Telecommunications, fixed and mobile internet and digital services activities.
- Non-deferrable activities related to foreign trade.
- Collection, transportation and treatment of urban solid, dangerous and pathogenic waste.
- Maintenance of basic public services (water, electricity, gas, communications, etc.) and emergency care.
- Public transportation of passengers, products, oil, fuels and LPG.
- Home delivery of food, medicine, hygiene products, cleaning products and other supplies of need.
- Laundry services.
- Postal and parcel distribution services.
- Essential surveillance, cleaning and guard services.
- Essential activities on the operation and maintenance of Oil and Gas Fields.
Those who continue to circulate under these exceptions, their employers must provide them with a certification indicating their exempt status, which they must exhibit to the control and security authorities.
Verification and Breach
Control and security authorities shall verify compliance with Isolation Regime and, in case of noncompliance, they may order the immediate arrest and retention of vehicles that circulate in violation of the regime. Failure to comply with the isolation will also result in the promotion of criminal actions.
As the Isolation Regime establishes the obligation to abstain from attending their workplaces, those who are in a position to work remotely must do so and will receive their usual remuneration. On the contrary, those who cannot work in this format will receive their salary on a non-remunerative basis, so a reduction in social security charges will be applied to them.
Please let us know any question, comments or if you would need to analyze any particular case.