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Latin America: COVID-19 Vaccination and the Workplace in Latin America

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With major vaccine developments in Latin America, including kick-offs for vaccine campaigns, employers should consider whether a vaccination policy is right for their workplace, keeping in mind that such policies implicate a broad range of employment laws and regulations, and that many of these vary from country to country.

The following questions and answers address many of the legal issues across key markets in Latin America that employers should take into account as they evaluate the role of vaccinations in their return-to-office plans:

  • Are there national health programs under which the population are or will be given COVID-19 vaccines and how are these advancing in each country?
  • Have government authorities issued any guidelines on the administration of COVID-19 vaccines in the workplace?
  • Do employers in the private sector have access to vaccines for their employees? How is this regulated and is there any liability for the employers?
  • Are mandatory vaccination policies in the workplace permissible?
  • Can employers prevent employees from returning to the workplace if they have not been vaccinated?

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Felipe Graham is a Partner in Baker McKenzie Buenos Aires office. He is a member of the Labor, Employment & Compensation team. Felipe routinely advises on the full scope of Labor and Employment issues, including employee compensation and benefits, employment litigation, collective and individual bargaining agreements, executive and mass terminations, shutdowns, local and international executive hiring, discipline procedures, wage and hours issues, Workers' Compensation matters, employment and social security issues in M&A due diligence procedures and deals and compliance investigations. Felipe is a member of the Firm's Regional Steering Committee for the Healthcare & Life Sciences industry group.

Author

Maria del Rosario Lombera-González is a partner and member of Baker McKenzie's Employment Practice Group in Mexico City. She was a member of the Mexican Commission of Employers before the International Labour Organization at annual conferences in the Commissions of Social Security and Globalization and Employment, and has participated in several meetings of seasoned practitioners in the field of social security. Rosario joined Baker McKenzie Abogados in 1985 and became a partner in 2005.

Author

Tatiana Garces Carvajal is a lawyer and a specialist in Labor Law, graduated from Pontificia Universidad Javeriana, with post-graduate studies in Commercial Law from Universidad de los Andes. She has over 30 years of experience advising major clients on matters related to individual and collective Labor Law. For three years, she worked at Alcalis de Colombia, occupying the positions of Director in charge of the HR Department, head of the Legal Division of the Betania Plant, and as a Lawyer in the Legal Department. Previously, she worked as Head of the Personnel Department at AGA Ltda., and as a paralegal at the law firm Esguerra, Gamba, Barrera y Arriaga Asociados. In addition to her experience as professor, lecturer, author of several publications and arbitrator in labor collective disputes, she served as technical adviser to the employers’ delegate for Colombia at the 98th Session of the International Labor Organization in Geneva (2015). She also participated at the 93rd Conference (2009). Currently, Tatiana is a member of the Javeriana University Law School Council representing graduates from Universidad Javeriana. She joined Baker McKenzie Bogotá office in 1992 as an Associate in the Labor Law department and was appointed partner on July 1st, 2000. In 2017 she was appointed as Managing Partner for Baker McKenzie Bogotá office, which made her the first woman in Colombia to hold this position in a law firm. In addition to this position, she led the Employment and Compensation group in Latin America, until June of 2021. In the exercise of these functions, Tatiana was part of the Steering Committee of the Global Employment and Compensation Group, as well as of the Global Policy Committee of Baker McKenzie. Currently, she is part of the Employment and Compensation Steering Committee for Latin America, leads the Bogotá Employment & Compensation practice and as a member at large is part of the Global Employment & Compensation Steering Committee of Baker McKenzie.

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Andres Valdes heads the Labor & Employment Practice Group of the Santiago office. He has more than 18 years of experience in advising Chilean and foreign companies in the areas of employment contracts, litigation, immigration, social security and pension funds, international executive transfers, workforce reductions, CBAs and union negotiations. He also has experience in corporate law matters, leading the acquisition of local businesses by foreign investors. He has provided pro bono advise to education foundations in Santiago.

Author

Monica Pizzaro is a lawyer with experience in advising on labor, pension and social security law to public and private companies and state institutions, as well as in sponsorship in judicial processes. She has been a consultant for the Gender and Employment Program of the International Labor Organization (ILO) and the Academy of the Magistracy, as well as undergraduate and postgraduate teaching at various universities. She is president of the Peruvian Society of Labor and Social Security Law.

Author

Carlos A. Felce sits on the Steering Committee of Baker McKenzie's Latin America Employment and Labor Practice Group, and is one of the coordinators of the Firm’s Labor & Employment Practice Group in Venezuela. He is ranked among the leading labor and employment lawyers in Venezuela by Chambers Latin America. Mr. Felce is also a professor of labor law at Universidad Católica Andrés Bello and Universidad Metropolitana.

Author

Alberto Gonzalez Torres practices in the area of employment law. He is a member of the Buenos Aires Bar Association and the San Isidro Bar Association. Alberto frequently contributes to The Global Employer — a Firm-sponsored publication — and has served as speaker for several Baker McKenzie conferences. He also co-authored Argentina's Proposed Labor Law Agreements for the National Law Center.

Author

Leticia Ribeiro C. de Figueiredo joined the Firm in 1998, as a corporate trainee, and became partner in 2013. Until July 2003, she was primarily involved in M&A and Corporate Law, with experience in national and international M&A projects and corporate restructurings. From July 2003 on, she has been working exclusively in the Labor Law practice group.
She has a wide breadth of experience with strategic litigation cases and relevant consultancy in individual and collective matters (i.e. restructuring, equity pay, PDVs – voluntary resignation program, PLRs – participation in profits or results, alteration of compensation plans and benefits), including national and international projects. Additionally, she works with collective bargaining agreements.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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