COVID-19: Labour Impact of the Beginning of the Deconfinement

COVID-19: Labour Impact of the Beginning of the Deconfinement

EA BriefLabour

06 May, 2020

Resolution of the Council of Ministers no. 33-A/2020, establishes exceptional and temporary measures, regarding the declaration of calamity situation throughout the national territory; Decree-Law no. 20/2020 of 1 May changes the exceptional and temporary measures regarding the COVID-19 disease pandemic, adapting them to the begin of the deconfinement. The labour and business impacts are highlighted. 

Labour impacts

• Travelling to the working place is still considered as an exception to the civic duty of home confinement.
• The adoption of remote working, despite the employment relationship, remains mandatory, as long as the job enables it.
• It is mandatory to wear masks or visors in order to access or stay in commercial and service provision establishments, as well as the use of public passenger transport.
• Body temperature measurements of workers may be taken for the purpose of accessing and staying in the workplace, but it is prohibited to record the body temperature associated with the person’s identity, unless expressly authorised by the person. Above-normal body temperature may result in denial of access to the worker’s place of work.
• Immunosuppressed workers and workers with chronic diseases who, according to the guidelines of the health authority, must be considered to be at risk, in particular cardiovascular patients, those with chronic respiratory disease, cancer patients and those with renal insufficiency, must be excused from work by means of a medical declaration, provided that they cannot work remotely or through other forms of activity.
• Lay-Off: Companies with establishments whose activities have been the subject of a waiver of a closure restriction after the end of the State of Emergency or of a restriction imposed by legislative or administrative order will continue to have access to the simplified lay-off scheme as long as they restart their activity within 8 days. It is also established that during the reduction or suspension period, the employer may renew workers’ contracts even if the respective positions may be carried out by other workers under reduction or suspension.
• ACT has been strengthened in its resources and powers, allowing the human resources emergency reinforcement.
• Companies are obliged to draw up an appropriate contingency plan to the workplace and in accordance with the guidelines of DGS and ACT.

 

Impact on business performance

• Recreational, leisure and entertainment, cultural and artistic activities, sporting activities in the context of training, activities in open spaces, public spaces and streets, betting and gaming facilities, spas or similar establishments, language schools and tutoring centres are closed, with few exceptions.
• Activities in retail and service establishments with a sales or service area of more than 200 square metres are generally suspended. For restaurants, the possibility of developing take-away activities is maintained.
• Occupancy, permanence and physical distance rules have been established for commercial establishments, whether wholesale or retail, or large commercial outlets, commercial complexes, markets, auctions or service establishments, which should be monitored by their managers or owners, and the health rules determined by the DGS should also be observed. Retail or service establishments should provide alcohol-based solutions and adjust the opening hours of establishments to these health rules.
• Certain obligations regarding the physical complaint book are also suspended.