On March 22, 2023, the Labor Directorate issued Ruling No. 423/12, which establishes the meaning and scope of Law No. 21.530, which establishes a right to rest for private sector health care workers in recognition of their work during the COVID-19 pandemic (hereinafter the “Ruling”).
With respect to the content of the Opinion, we would like to highlight the following:
1. Regarding the applicability of the rest period, it extends it to entities such as clinics, medical centers, clinical laboratories, pharmaceutical laboratories and other similar entities that have provided continuous services since September 30, 2020 and are in service on the date of publication of Law No. 21.530, i.e. February 2, 2023, specifying that its proportional application is not appropriate.
2. Extends this benefit to subcontractors and temporary service companies that have rendered services to health establishments, pharmacies or pharmaceutical warehouses.
3. Regarding workers who have powers of representation of the employer and general powers of administration, which according to the law would be excluded from the application of this benefit, the Opinion determines that such powers must be combined.
4. In relation to the contractual modality, the Ruling establishes that the benefit is extended to workers who comply with the requirements established in Law No. 21.530, regardless of the contractual quality by virtue of which the workers are linked to the establishments.