Colombian Government legal measures during COVID-19

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April 15, 2020
One of the most important decisions was the declaration of the Economic, Social and Ecological Emergency through Decree 417 of 2020, which allows the government to issue decrees with the force of a law.

Also, Decree 457 ordered preventive isolation from 0:00 a.m. on Wednesday, March 25th until, the recently extended date, April 26. This Decree limits the free movement of people and vehicles, and suspends domestic air transport. It also brings a list of 34 activities exceptions that can be carried out and indicates that cargo transport, storage and logistics for import and export cargo must be guaranteed.

 

Different rules have also been issued to guarantee the functioning of the Government through the use of technology. Presidential Directive 02 and specifically Decree 491 of 2020 adopts emergency measures to guarantee care and the provision of services by the public authorities. In order to avoid contact between people and promote social distancing, the authorities will ensure that they provide services in their charge through the modality of home office. The authorities will announce on their website the official communication and information channels through which they will provide their service. The activities that are strictly necessary to prevent, mitigate and attend the health emergency due to COVID-19, and those that guarantee the operation of the State may not suspend the provision of services in person.

 

Labor regulations have been issued as well. Decree 488 of 2020 establishes that workers who have presented a decrease in their income may withdraw their unemployment aid. For granting vacations employers may notify employee one day in advance, likewise the employee may also request the vacation one day in advance. Employers are prohibited to force employees to take unpaid leave.

 

In regard to the Colombian Services Industry, Decree 464 of march 23rd of 2020 disposes that telecommunications and postal services are essential. Consequently, operations will not be suspended and the installation, maintenance and operation of the networks will be guaranteed. Also, the shipment of products and services requested online that are of first necessity and the terminals that allow the access to the telecommunications are given of preferential way. Moreover, there is a specific instruction to prioritize access through the Internet to contents and applications of health services, emergency care, official, labor and educational information.

 

For television and radiobroadcast services, Decree 516 of 2020, establishes the minimum of national productions in the emergency that must be programmed, that includes regulations for national channels and the specifics hours to program the contents that varies according the hour without exceeding 20% of the contents. Same percentage is applied to regionals channels and local radio stations.  

 

In the creative sector, Decree 475 of march 25th of 2020, aims to protect the entire value chain that is articulated around public shows, performing arts and film exhibition, and therefore important actors in the cultural sector (artists, producers, promoters, stages, cultural managers, exhibitors and managers, among others). It brings measures such as to redirect the resources of the "Procultura" stamp (which helps the social security) and the parafiscal contribution of the public performances of the performing arts referred to in Law 1493 of 2011, to support the sector in the activities of creation, virtual training, production and circulation in any form, whether on-site or virtual, which each territorial entity must do to support this affected population.

 

Finally, the deadlines for declaring and paying the contribution in discussion were modified to September and October of this year. The payment of the Cinema fee under Law 814 of 2003 for activities carried out between March and June was also postponed until September 30, 2020.

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