Law was approved that promotes the compensation of hours not worked in pandemic




The accumulated hours of paid leave will be compensated with overtime or vacation days in an equivalence of 1 to 3. For example, for each overtime hour, the worker will recover 3 hours of that period.


The Plenary Session of Congress approved by 100 votes in favor, three against and two abstentions the substitute text of Bill No. 1097/2021-CR, a law that establishes measures to guarantee the rights of workers affected by the legal provisions implemented during the health emergency caused by Covid-19. The proposal was also exonerated from the second vote.

Specifically, the measure seeks to make it easier for workers in the public and private sectors to compensate for the hours they stop working due to paid leave due to the health emergency, mainly for risk groups.

In detail, the now autograph proposes that the accumulated hours of paid leave be compensated with overtime before or after the working day, as long as the sum of said hours with the worker’s working day does not exceed 52 weekly hours. Acquired and pending vacations may also be considered, with a limit of 15 days per vacation period and training outside of working hours.

Thus, it is established that the compensation be given in an equivalence of 1 to 3. That is, each hour of overtime work or dedicated to training outside of the day, will compensate three hours of paid leave. Likewise, each day of vacation will be equivalent to three days of paid leave.

According to the president of the Labor Commission, Sigrid Bazán, the compensation would end within a year.

“It is prohibited to make discounts in the settlement of social benefits made at the end of the employment relationship, to compensate for the hours of leave with enjoyment generated by the legal provisions implemented in the framework of the health emergency by COVID-19”, reads in the legislative document.

Bazán, president indicated that the population at risk, including those over 60 years of age and those with comorbidities, have accumulated debts for up to 4,000 hours of leave subject to compensation.

“A social problem has been generated where workers belonging to the risk group have accumulated a large number of hours that are practically impossible to pay and there is a risk that they will be subjected to strenuous shifts of up to 12 hours or that they will be subjected to discounts on their salaries, social benefits or liquidations”, he argued.

In that sense, she highlighted that these facts represented a violation of the rights to life, health and dignity of the worker.

During the debate, Congresswoman Patricia Suárez of Fuerza Popular presented a previous question so that the text returns to committee; however, this was rejected by the national representation.

The autograph must now be evaluated by the Executive for its subsequent promulgation or observation within a maximum period of 15 days.

Workers will receive 5-day leave for the death of direct relatives

The Executive Branch recently enacted Law 31602 of the Congress of the Republic, which establishes a five-day license for the death of relatives in the private sector.

Thus, with the death of the spouse, parents, children or siblings, a license for five calendar days will be granted to employees of private companies.

It is worth noting that the Executive has 60 calendar days to issue the complementary regulations without this preventing the application and demand of this law from its effective date.


Source: The Republic

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