HR Policy Global members discussed issues such as returning to office, remote working and teleworking, the right to disconnect, and mental health in Argentina, Brazil, Chile, Colombia, Mexico, Peru, and Venezuela. Global members can review the recording of the meeting here.
Argentina: Employers are prohibited from mandating vaccines but can ask employees to present proof of vaccination and encourage them to get vaccinated. Additionally, it may be unlawful to bar employees from company property because they are not vaccinated. With respect to remote working, Argentina’s teleworking law requires employers to have a written employment contract that sets out working hours and reimburses work-related expenses. Mr. González-Torres advised employers to establish a clear policy, implemented on a trial basis, to assess and monitor working hours closely.
Brazil: Brazilian courts have supported employers’ right to mandate vaccines. However, employees are likely allowed to refuse vaccines based on medical and religious reasons. Due to a lack of specific regulations, employers should address employees’ refusal to vaccinate on a case-by-case basis. Significantly, the Brazilian government published a new Provisional Measure on March 28th that regulates remote work, which was previously exempt from laws governing working hours.
Peru: Peru has the most restrictive policy regarding returning to the office in the region. Employees who are not fully vaccinated will not be allowed to return to the office and must continue working remotely if possible. For those who cannot perform their jobs remotely, employers can suspend them without pay.
Chile: Employers are required to provide a written agreement regarding remote working or teleworking and are obligated to provide work-related equipment, reimburse related costs, ensure employees’ health and safety (including reporting risks inherent to the position), and establish preventive and provide training.
Mexico: Nom-35, a regulation that requires employers to implement several measures in addition to the survey compliance requirements to identify, analyze and prevent work-related psychosocial risks, is in its second phase. Specifically, the second stage requires employers to identify and analyze psychosocial risk factors, conduct medical exams for workers, and keep records of the results. Relatedly, Mexico’s teleworking law grants teleworking employees the right to disconnect from work.
Colombia: The government issued a new law regulating the right to disconnect. According to the law, all employers must implement a Workplace Disconnection Policy, which includes the process employers are taking to ensure their employees disconnect after normal working hours, tools and procedures for employees to file claims, and resolution mechanisms and follow-up measures to respect and ensure the right to disconnect.