In brief

In view of several controversies that have arisen during the last days, the Ministry of Labor, Employment and Social Security (“Ministry of Labor“), by means of a note, ratified the validity of Joint Resolution No. 4/2021, by which it has established that employers are entitled to summon workers included in the assumptions of exemption from the duty of attendance to face-to-face work if such workers have received at least the first dose of any of the vaccines intended to generate acquired immunity against COVID-19.

In depth 

On 16 March 2020, and within the framework of the mobility restriction measures promulgated as a consequence of the coronavirus pandemic, the Ministry of Labor issued Resolution 207/2020, by means of which it established the suspension of the duty of attendance to the workplace of the following individuals: i) employees over 60 years old, unless they are considered “essential staff”; ii) pregnant employees; and iii) employees included in the risk groups due to pre-existing health conditions.

Notwithstanding the above, on 8 April 2021, the National Ministries of Labor and Health issued Joint Resolution No. 4/2021, by which it determined that employers may be entitled to require the return to face-to-face work of those employees exempted from the duty of attendance who have received at least the first dose of any of the Argentine-authorized vaccines intended to generate acquired immunity against COVID-19 14 days after inoculation. The Joint Resolution also designated that the exception would continue in the case of persons with immunodeficiencies and for oncologic and/or transplanted persons.

Subsequently, through Emergency Decrees (DNU) No. 241/2021 and 287/2021, the National Executive established that the scope of Resolution 207/2020 would be maintained in its entirety, for which reason a discussion arose to determine whether this situation had not implicitly derogated Joint Resolution No. 4/2021.

As a result, on 11 May 2021, the Ministry of Labor issued a note by means of which it has confirmed that Joint Resolution No. 4/2021 has not been repealed by the referred DNU, and it is complemented in a harmonic manner with Resolution 207/2020.

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