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JDF Abogados Tax Webinar: New SME Regime Statute

23 Jul 2020

With a great attendance and interest of the participants, JDF Abogados held the webinar “New SME Regime Statute”. The presentation was made by the firm’s tax team, led by Rafael Valdivieso (partner) and associates Martín Hudson and Andrés de Iruarrizaga. On the occasion, the ways to benefit from the Pro-SME Regime were explained, as well […]

The Law Today

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The Labour Directorate issues Notice No. 663, issuing inspection instructions regarding Law No. 21.220 on Teleworking and its Regulations.

05 Ago 2020

On July 29, 2020, the Inspection Department of the Labor Directorate issued Notice No. 663, by which this service issues internal instructions on inspection matters. This document is very useful to know the aspects that will be subject to revision in an eventual inspection.

In general terms, Circular No. 063 emphasizes the minimum mentions, conditions, requirements and the most relevant considerations that the agreement regulating distance work must contain and that would be analyzed in the framework of an inspection.

With respect to health and safety conditions in the workplace, the Ministry of Labor and Social Welfare issued Regulation No. 18, detailing the specific safety conditions to which teleworkers or remote workers must be exposed, which will enter into force on October 1, 2020. As indicated in Notice No. 063, the following aspects will be subject to inspection in general terms:

i) Work that cannot be carried out by telecommuting.

ii) Hazard identification and risk assessment matrix.

iii) Safety and health work programme.

iv) Priority of preventive and corrective measures

v) Obligation to inform and train

vi) Regular training of workers.

vii) Equipment and elements of personal protection

viii) Internal regulations.

ix) Compliance with the measures prescribed by the managing entity.

The Notice indicates that since audits by the Labor Department must be conducted in the place where the teleworker or remote worker is providing the services (outside the Company’s facilities), the inspection visit to such places will be limited only to verification of the health and safety conditions of the work in which the services are provided, as long as there is authorization from the worker. The above, in the absence of general labor documentation and the representative of the latter in the place.

We attach Notice N°063, which contains an attached document called “Annex with Health and Safety Checklist – Telework and Distance Work”.

First Report of the Supreme Court on the Bill amending the rules on non-voluntary medical leave during a health alert, epidemic or pandemic.

31 Jul 2020

On June 9, 2020, a draft law was introduced that relaxes the rules on access to non-voluntary medical licenses for patents and utility models, medicines, vaccines and medical technologies necessary for the prevention, diagnosis and treatment of diseases, and establishes a special procedure for this purpose, in a context of health alert, epidemic or pandemic.  In particular, the Project proposes, among other things, the following:

A. Replace the current procedure for the application for voluntary medical leave with a short and summary one.

B. Within the procedure, it is determined that notification of the application shall be made through the publication, in a newspaper with national circulation and in the Official Gazette, of an extract thereof authorized by the National Director of the National Institute of Industrial Property (INAPI).

C. Any appeals against the ruling on the origin of non-voluntary licenses, and any incidents, shall be granted only in the form of a refund.

D. A percentage of the royalties payable under non-voluntary licenses shall be set at 5% of the retail price of the licensed product or process.

E. Article 91 b) of the Industrial Property Law is expressly applied, in the sense that the protection indicated on test data or other undisclosed data will not apply, thus allowing the use of those already submitted to the Institute of Public Health (ISP).

F. In the event that the applicant for the non-voluntary license is a public service or other entity governed by public law, the latter may import, manufacture and distribute the subject matter of the application, as from the date on which the administrative act providing for it is issued.

G. The liability of applicants who, through ignorance of the existence of a patent concerned or by acting in good faith, commit an infringement of the Industrial Property Law shall be limited.

The bill is currently in its first constitutional stage in the Chamber of Deputies and has been submitted to the Supreme Court for analysis, which, by means of Official Letter No. 137/2020 of 23 July 2020, issued the corresponding report, setting out the following comments:

– It considers it necessary to specify the context of the health alert, pandemic or epidemic, i.e. what administrative acts may determine such states; and to set the parameters establishing their duration.

– It considers that complaints against the administrative decision of INAPI should be lodged with the Intellectual Property Court, given its technical and special nature. In this case, in order to keep the speed in its knowledge, it determines that certain characteristics of the claim must be kept, but with more limited times.

– Without prejudice to the above, it states that it is necessary to maintain the final control by means of an appeal in cassation of the decisions of the referred Court.

– On the other hand, it notices the omissions of essential elements of the proposed complaint procedure, stating that it should be similar to the complaint of municipal illegality of Law No. 18.695, Constitutional Organic Law of Municipalities, but with shorter periods of time.

– Finally, it states that the nature of the claim should be that of an action for nullity, and not of full jurisdiction, with express mention in the Project, in order to determine a procedure to rectify the defects detected.