NEW OPINION OF THE MPPPST ON ENJOYMENT OF VACATIONS DURING THE STATE OF ALARM

We have recently and unofficially learned that the Legal Consultancy Office of the Ministry of the Popular Power for the Social Process of Work (”MPPPST” in Spanish) (the “Consultancy Office”) issued Opinion No. 010 of January 22, 2021 (the “Opinion”), in reply to a consultation made by a work entity about the enjoyment of vacations during the effectiveness of the state of alarm derived from the Coronavirus (COVID-19) pandemic.

After a group of considerations, the Consultancy Office established the following; “the workers who are providing their services at any entity exempted from suspending its activities considered as essential services, of the sectors related to the supply of food, medical attention, medicines, water, electricity, telecommunications, transportation of securities and fuel, among others (…) may request and enjoy their vacations, provided that an agreement is reached between the parties.

It states that the enjoyment of vacations may be agreed upon a written request made by the worker entitled to the enjoyment of vacations and in the terms that the Opinion indicates, in spite of the fact that the state of alarm and the quarantine prevent the normal development of rest. The Consultancy Office also refers to the possibility of infection to which the workers who decide to enjoy their vacations under the present circumstances will be exposed.

The Consultancy Office indicates that the purpose of vacations is the worker’s and his/her family’s rest and enjoyment of recreational activities for recovering from the physical and intellectual fatigue resulting from rendering services during one year. Therefore, it ratifies the content of Opinion No. 01 of September 18, 2020, whereby it pronounced on the partial suspension of said benefit, without prejudice to the content of the new Opinion.

Although the Opinion does not answer all questions posed or the multiple situations that may arise in this connection, we suggest that the opinion of the Consultancy Office be taken into consideration at the time of making decisions in the future and in the case of any possible contingencies.

Should you have any question or comment or require further information, please contact the partner in charge of your account via email.