Argentina - Vaccinations and Returning to Work

On April 9, 2021, Resolution No. 4/2021, issued by the Ministry of Health and Ministry of Labor, was published in the Official Gazette. This Resolution establishes the possibility to request employees who have been vaccinated to return to their workplace in person. Below, the main aspects of the Resolution:

1. Employers may request all employees (regardless their age and risk condition) to return to their workplace if:
   1. They have received the first dose (at least) of any approved vaccine against COVID 19; and
   2. Fourteen (14) days passed since the vaccine was applied.
2. The Resolution clarifies that the following employees (who were previously exempted from the duty to attend to their workplace) are included in the scenario mentioned in point 1:
   1. People over the age of 60;
   2. Pregnant employees;
   3. People included in risk groups
3. In case of health employees with high risk of exposure may only be summoned once fourteen (14) days have elapsed after having completed the vaccination schedule in its entirety (both doses).
4. In both scenarios (points 1 and 3), the following individuals are still exempted from the duty to attend to their workplace, even though they have been vaccinated: i) immunodeficiency patients; ii) oncological patients; and iii) people who received a transplant.
   
5. Employees may act in good faith and present a reliable proof of the corresponding vaccination, or state, as an affidavit, the reasons why they were not able to access the vaccination, as applicable.