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Coronavirus - Autonomos NOT Included in This Royal Decree Tightened Lockdown

In the Royal Decree from Sunday last, announcing the tightened restriction of movement to and from work for non-essential economic activities, the relevant articles only mentioned ’employees’, not making it clear whether self-employed Autonomos would be subject to the tightened lockdown measures in the Decree as well.

Late yesterday an order was published, providing interpretive criteria, as well as a template for a document to carry for those that do still need to travel to and from work.

The order states:

Free-lancers.
Royal Decree 463/2020, of March 14, only affects the self-employed who provide their services in activities suspended by the declaration of the state of alarm. For its part, Royal Decree-Law 10/2020, of March 29, does not apply to self-employed people.

CAB Explanatory Note: The original containment measures, closing schools etc. remain intact, for both employees and Autonomos. The special ‘paro’ for Autonomos affected by those measures as well. Likewise ERTEs for employees. The first Royal Decree left uite a few jobs, not mentioned in the ‘prohibited’ list and where they could be carried out while taking adequate protective measures, for both employees and Autonomos to be continued during the State of Alarm.
With the 2nd RD about non-essential economic activities, only employees are mentioned, to take paid ‘holiday’ leave, stay at home and thus restrict movement even more. Autonomos were not mentioned in that RD, let alone a special ‘paid leave’ for them. Lots of questions yesterday from Autonomo Associations, asking the government for clarification.

Late last night, an additional order was published, explaining that Autonomos are not covered by the ‘tightened lockdown’ Royal Decree. So no further tightening of lockdown measures, nor paid leave for them. Meaning that they can continue to go to work as they did during the first 2 weeks of the State of Alarm. And yes, that means that Autonomos with employees need to send their employees on paid leave (if not on the ‘essential’ list as published yesterday), but are still allowed to work themselves.

LINK TO THE STATE GAZETTE, CHAPTER V-SEGUNDO IS THE RELEVANT PARAGRAPH

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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