How The Extended State Of Alert Affects Workplaces During The COVID-19 Pandemic

• Published date: 10 May 2020
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Health & Safety, Employee Benefits & Compensation, Employment and Workforce Wellbeing
• Law Firm: Littler Mendelson
• Author: Mr Daniel Jaime

In accordance with global measures against COVID-19 pandemic the Venezuelan government issued a decree on March 13, 2020 to declare a State of Alert for thirty days (hereinafter the "decree"), which was recently extended for another period of thirty days (hereinafter the "extension").

Under the decree and its extension, all labor activities are suspended until May 13th, 2020. Employment relationships are suspended as well, except for companies that render essential services (those related to the supply of food, health care medicines, water, electricity, telecommunications, securities, and fuel, among other operations deemed as essential) or that may render services remotely.

As a result, during the State of Alert, employees should not render services at the workplace to prevent contagion, and employers have no obligation to pay salaries. Some duties are still in effect during suspension such as: (i) the payment of a food benefit; (ii) the provision of a house benefit, if this was agreed (e.g., in the case of expatriate employees) or if employers have a legal obligation (e.g., in the case of the caretakers of the residences); (iii) the payment of social security contributions; and (iv) the period of suspension will be considered as part of the employee seniority

For those employees who have reported contagion symptoms (such as cough, fever or other respiratory symptoms), employers should consider granting paid sick leaves and recommending employees visit the closest medical center for primary medical care, if possible During these leaves, employers must pay covered employees a third of their salary as an indemnity for sickness under the Venezuelan Social Security Law and Labor Law (although they may choose to provide the whole amount of salary as a special consideration related to the COVID-19 pandemic, if feasible), plus the meal benefit. If it is confirmed any employee is infected with COVID-19 the paid sick leave should be extended and it is advisable to notify authorities in charge of epidemiological surveillance in the country about the employee's diagnosis.

Depending on the circumstances, employers might wish to avoid unilaterally granting annual vacations for employees who are suspended by the decree or by sickness. Because the suspension presumably cannot be deemed as an enjoyable vacation under Venezuelan labor law, authorities might reinstate the employee's right to vacation and/or require repayment of the vacation leave.

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