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Labor recommendations regarding the presidential dispositions as of March 17th, 2020 in Guatemala

Luis Enrique Solares Larrave

For the employers whom are not exempted from the suspension of activities and are authorized to operate by the Economy Ministry (“MINECO” for its Spanish name) following the Presidential Dispositions published in the Official Gazette on March 17, 2020, is essential to take into consideration in labor, health and occupational security matters the following:

1. They are obliged to strictly comply with the Health and Occupational Security Rules and the Labor Code and any other applicable rules and legal dispositions in these matters.

2. Strictly apply the international health rules, the health and security protocols for the COVID-19 prevention which are available at the websites of the Government and the rules and recommendations that issue in this matter the World Health Organization (“WHO”).

3. For the compliance of the above-stated regulations, is advisable and necessary that the employer implements the following measures:

a. Prohibit at the workplace the presence of older adults, pregnant women or women in breastfeeding period, under ages or people with preexisting health conditions (such as hypertension, heart disease or diabetes), people with their immune system compromised and chronic respiratory conditions.

b. Evidence that it has been made public and made known to the public all the prevention, cleaning and protection measures against COVID-19.

c. Promote frequent hand wash amongst workers, suppliers and clients.

d. The employer has to prove that all employees at the workplace known the measures and they will mandatory apply them, without any exemption.

e. Post flyers that promote hand wash and good respiratory hygiene. Promote that it is a necessary stay at home if there’s a cough, even if it is mild, and post flyers with this message.

f. All employees have at their disposal hand sanitizer in their workplaces in any of its presentations.

g. The sanitary services at the workplace have to comply with all the Health and Occupational Rules.

h. That all health services are accessible and disposable for all employees at their workplaces and that they comply with the Health and Occupational Rules.

i. All the employees have to know the full name of the person in charge of health services.

j. To have a list with the names of all employees, their home addresses, mobile and home phone numbers, to secure their traceability, in case any employee evidences any COVID-19 infection symptoms.

k. Immediately communicate to the phone numbers 1517 and 1514, in case any employee evidence symptoms of COVID-19 infection and facilitate in this case, all the necessary medical attention under the applicable protocols, rules and regulations.

The recommendations contained in this notice are general and are based on the presidential dispositions, the health and occupational security regulations and the applicable labor legal dispositions. Please let us know how can we assist you in this or any other related matter.

Ultimate update: March 18, 2020 at 9:00 pm