Coronavirus as an occupational disease (not listed). A series of questions motivated by the rating
Abstract
The scope and impact of the covid-19 in labor
relations is unquestionable. It transversally affects the
rights and obligations of both the employer and the
worker, in particular regarding the duty to provide
services of the latter and to employ of the former; and
it forces all legal operators to inquire about the scope
of the relationship between this pandemic and the
Labour Risks Law system.
The classification as an occupational disease (not listed)
of the covid-19 meant a response that was demanded
from the beginning of the pandemic and a remedy
to the confusion generated by the coverage of that
spectrum of workers in the face of the scenario in
which the contagion of the disease positioned us. But
although it achieved these objectives, it opened a series
of questions that are not minor to analyze and to which
at some point, law, conceived as a system of norms and
principles, will have to respond. The coronavirus imports
a work risk that, once certain assumptions are met,
falls into the orbit of Labour Risks Law and triggers the
responsibility of employers and the occupational risk
insurance companies (ART). The pandemic generated
a debate —which has only just begun— in the central
core of the system provided by the Labour Risks Law.
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References
Arese, C. (2020). La compleja condición del coronavirus como enfermedad profesional según DNU 367/20. Rubinzal Culzoni Editores. Rubinzal Online, RC D 1598/2020.
Decreto de Necesidad y Urgencia n° 367/20, disponible en www.boletinoficial.gob.ar
Ramírez, L. E. (2020). Los riesgos del trabajo en tiempos del coronavirus. Rubinzal Culzoni Editores. Revista Rubinzal Online RC 1434/2020.
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