Withdrawal of severance payments, vacation notice and economic benefit

By means of Circular No. 488, the Ministry of Labor presented different labor measures in order to promote the preservation of employment and provide alternatives to workers and employers within the Economic, Social and Ecological Emergency, among which are the following:

1. WITHDRAWAL OF SEVERANCE PAYMENTS

Regarding the withdrawal of severance payments, the entity indicated that as long as the facts that gave rise to the Economic, Social and Ecological Emergency remain, the worker who has presented a decrease in his monthly income, certified by his employer, may withdraw each month from his severance payment account the amount that will allow him to compensate such reduction, in order to maintain his income constant.

It is important to point out that this applies only to withdrawals from funds managed by Pension and Severance Fund Management Companies OF PRIVATE CHARACTER. Those who have their severance payments in the National Savings Fund may not withdraw them under this reason.

That said, the employer must CERTIFY the decrease in the worker's income so that he/she can withdraw monthly the amount required to equalize his/her income.

2. NOTICE ON THE ENJOYMENT OF VACATIONS

With respect to the previous guidelines that MinTrabajo had given through Circular 021, in which it was indicated that during the Emergency the employer could send its workers on vacation without the requirement of the 15 days' notice established in Article 187 of the Substantive Labor Code, the Ministry specified that the employer must inform the worker, at least ONE (1) DAY IN ADVANCE, the date from which it will grant the anticipated, collective or accumulated vacations. Likewise, the employee may request within the same term that he/she be granted the enjoyment of the vacation.

3. ECONOMIC BENEFIT-FAMILY COMPENSATION FUND

On the other hand, the Ministry indicated that likewise, as long as the events that gave rise to the Economic, Social and Ecological Emergency continue, and as far as the availability of resources allows, the dependent or independent workers contributing in the following categories:

(i) A and B, (ii) unemployed, (iii) who have made contributions to a Family Compensation Fund for one (1) year, continuous or discontinuous, during the course of the last five (5) years, shall receive an economic transfer to cover expenses, in accordance with the needs and consumption priorities of each beneficiary, for a value of TWO (2) LEGAL LEGAL MINIMUM MONTHLY WAGES IN FORCE, DIVIDED IN THREE (3) EQUAL MONTHLY PAYMENTS TO BE PAID FOR THE DURATION OF THE EMERGENCY AND, IN ANY CASE, FOR A MAXIMUM OF THREE MONTHS.

In order to aspire to obtain the benefit, the candidate must fill out the application before the Family Compensation Fund to which he/she is affiliated, which will be studied for its subsequent approval or denial if he/she does not meet the requirements.