What rules would regulate labor protection against alleged impacts of Covid-19?

As part of the Government plan for the prevention and control of Covid-19 in Cuba, and in correspondence with the possible situations that in labor matters may cause an alleged impact of the new coronavirus in our country, the Ministry of Labor and Social Security calls attention to some of the norms that would allow, according to specific circumstances, to regulate labor, salary and social security treatment, under the premise that protection of workers is guaranteed.

The information sent to the press by the aforementioned Ministry refers to Law No. 105, "on Social Security", of December 27, 2008, which explains that the payment of the subsidy is appropriate when the worker presents a disease of common origin or professional, or suffers a common or work accident that temporarily incapacitates him for work.

He argues that, during the period of disability, the sick or injured worker is granted a daily allowance, excluding weekly rest days, which is equivalent to a percentage of the average salary, in accordance with the following regulations:

1. a) Illness or accident of common origin: if you are hospitalized, 50% and, if not, 60%.

2. b) Occupational disease or accident at work: if you are hospitalized, 70% and, if not, 80%.

It asserts that the employer is empowered to determine as excused absences the days in which the worker is prevented from attending work for reasons of illness or otherwise, without for this, in the first case, requiring the certification issued by the center assistance.

It clarifies that in such a situation there is no remuneration for salary or social security monetary benefit, but that when the worker is fit to continue carrying out his functions at home, the modalities of remote work or teleworking can be applied, in those who earn 100% of their salary.

The information also appeals to Law No. 116, "Labor Code" of December 20, 2013, which in Article 44 provides for the suspension of the employment relationship, among other causes, when by legal provision or force majeure the worker cannot perform the work for which he has been hired.

Points out that, during the suspension of the employment relationship, some of the effects of the employment contract are temporarily interrupted, without thereby disappearing the employment relationship between the parties; and it specifies that the employment relationship is resumed when the worker joins his work, as the cause that gave rise to his suspension ceases, maintaining the previous working conditions.

Decree No. 326, which typifies the "Labor Code Regulations" of June 12, 2014, highlights section a of Article 34, according to which the employment relationship is suspended, when decisions of the National Defense Council against specific situations of natural, technological or health-related disasters.

Therefore, the suspension of work activities arranged for the provinces, municipalities or certain region, is carried out at the request of the National Defense Council. In such cases, workers receive up to a month the payment of a salary guarantee equivalent to the salary scale of the position they occupy and, if the suspension is maintained, the guarantee is 60%.

In this period –details the document-, workers prevented from attending work due to illness or accident, with paid or unpaid leave, protected by law, receive the regulated treatment for each case in the legislation, as appropriate.

Once the cessation of work suspension has been ordered, the employer may grant unpaid leave to workers who are evacuated, transferred to another home or need to remain in their home for their protection, or who, mother or father, must take charge of. of the care of the minor child whose school or nursery school has been suspended, in the absence of another family member who can replace him.

The labor protection guarantee would be adjusted to the stage the country is in.