FIRE FREEZE 2023 – 2024

Decree No. 4.753 of December 20, 2022 was published in Official Gazette No. 6.723 of the same date. Said Decree establishes a fire freeze in favor of the workers of the public and private sectors for a period of two (2)
years from January 1, 2023 up to and including December 31, 2024.

The Decree establishes that the workers protected by the fire freeze may not be dismissed or transferred, nor may their employment conditions be worsened, without a justified cause previously approved by the Labor Inspector in accordance with article 422 of the Organic Law of Labor and Workers (OLLW).

However, if the worker is fired, transferred or if his/her employment conditions are worsened without a justified cause, he/she may file a complaint about said fact with the Labor Inspector within the following thirty (30) calendar days, and request employment reinstatement and payment of salaries accrued and not paid, as well as the other benefits not received or the restoration of the legal situation infringed, according to the procedure established in article 425 of the OLLW.

The fire freeze will protect the workers to which article 87 of the OLLW refers. Workers of direction and casual or temporary workers are exempted from this Decree.

The Decree establishes that the measures and penalties prescribed in the OLLW will be imposed on any employer who obstructs or fails to obey the order of employment reinstatement and payment of salaries accrued and unpaid or restoration of the legal situation infringed. In addition, labor courts will not proceed with any administrative action for annulment but after the employment reinstatement order has been complied with and the legal situation infringed has been restored.

The Decree will become effective as from January 1, 2023.

In order to access the Decree, please click here.

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