Can the employer require its employees to wear a facemask?

Although Decree No. 43544-S excluded from the use of the mask all those persons who are not first line health officials, the fact is that it did not establish a prohibition in workplaces, as stated in the press communication of the Ministry of Labor and Social Security, CP-013-2022 MTSS.

In this sense, it is at the discretion of the employer and the Occupational Health Committee of each work center, whether public or private, to establish the necessary measures to ensure the safety and health of their employees in accordance with Article 66 of the Constitution.

Among the safety measures for the prevention of infectious diseases, such as COVID 19, the mandatory use of masks in the workplace is considered an effective tool.

Under the power of direction granted by article 66 of the Constitution, as well as articles 71, paragraph h), 195 and 282 of the Labor Code, employers must establish through internal regulations duly communicated, the mandatory use of the mask against COVID 19, if they consider it convenient, prior to executing any disciplinary measure against those employees who without just cause are reluctant.

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