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Coronavirus - Tightening Lockdown Non-Essential Work Activities

Update 31.3.2020 Publication Autonomos Exempt

**Note: the new Decree is valid as of 29.3.2020 but will not be implemented until Tuesday the 31st, for practical reasons. Meaning that if you have to go out on Monday to secure your place of work (building sites e.g.) or make other relevant arrangements, you can, but if not necessary, you stay home.

The Government has decided that it is essential that displacements need to be brought back further, in an extra effort to slow down the progress of the Covid-19 virus and thus, to avoid a collapse of the health system.

This new royal decree-law will apply to all employees of businesses that provide services in companies or entities of the public or private sector and whose activity has not been halted as a result of the declaration of the State of Alarm established by Royal Decree 463/2020, of March 14.

As of tomorrow, the 30th of March**, until the 9th of April, Jueves Santo, all those that do not work in the sectors/jobs as mentioned in the original State of Alarm Decree, will not be allowed to leave their homes to go out to work. Added to this list of retailers that should remain open,  all kinds of businesses that are necessary to keep the essential goods being delivered to supermarkets. And government administrations that are necessary to ensure continuity and coordination re COVID-19 related issues, the Armed Forces, and those that take care of payment of pensions, benefits, etc. Textile industry to produce materials needed to fabricate protective gear. The media are also considered essential, to keep everyone informed. Alcohol production units, to help with the production of disinfecting gels. To name just a few examples. The complete list of jobs affected can be found on the Annex of the publication of the Royal Decree in the State Gazette and at the annex of this post.

Exempt are those with an ERTE regulation in place (for those with a partial ERTE, the remaining work hours can now be covered by this special leave, where applicable), those working from home (teletrabajo), those on sickleave  and those on maternity/paternity leave.

The ERTE regulation remains in force and employers can still apply for new ones.

In the Royal Decree as published today, the obligatory leave from work, consisting of 8 work days, is described as a paid leave, but recuperable. Meaning that employers need to continue paying their employees’ wages, and those in return will have to compensate those hours in the period after the State of Alarm till the 31st of December 2020.

The way to do that will have to be negotiated individually or by convenio, where applicable.

1. Those that carry out the activities that must continue to be carried out under cover of articles 10.1, 10.4, 14.4, 16, 17 and 18 of Royal Decree 463/2020, of 14 March, declaring the state of alarm for the management of the crisis situation health caused by COVID-19 (10.1 Retailers selling food, beverage, retail products and essential goods, pharmaceutical, health establishments, veterinary centres or clinics, optical and orthopaedic products, hygienic products, press and stationery, automotive fuel, tobacconists, technological and telecommunications, pet food, internet commerce, sales by telephone or correspondence, dry cleaners, laundries and the professional exercise of the activity of hairdressing at home. 10.4 Hospitality and catering (bars and restaurants), being able to lend exclusively home delivery services. 14.4 By resolution of the Minister of Transport, Mobility and Urban Agenda, the necessary conditions to facilitate the transport of goods throughout the national territory will be established, in order to guarantee the supply and delivery of products acquired in commerce by internet, telephone or correspondence. 16. The delegated competent authorities shall take the necessary measures to ensure customs transit at entry points or border inspection points located in ports or airports. In this regard, priority will be given to the products that are essential. 17. The delegated competent authorities may adopt the necessary measures to guarantee the supply of electricity, petroleum products, as well as natural gas. 18. 1. The critical operators of essential services provided for in Law 8/2011, of 28 of April, establishing measures for the protection of critical infrastructure, take the necessary measures to ensure the provision of essential services. 2. Said requirement will also be adopted by those companies and suppliers that, not being considered critical, are essential to ensure the supply of the population and the essential services themselves.)
2. Those supplying the market and in the operation of the services of the production centres of basic goods and services, including food, beverages, animal feed, hygienic products, medicines, sanitary products or any product necessary for the protection of health, allowing their distribution from origin to final destination.
3. Those that provide services in the hotel and restaurant activities that provide home delivery services.
4. Those that provide services in the chain of production and distribution of goods, services, sanitary technology, medical material, protective equipment, sanitary and hospital equipment and any other materials necessary for the provision of sanitary services.
5. Those essential for the maintenance of the productive activities of the manufacturing industry that offer the supplies, equipment and materials necessary for the correct development of the essential activities included in this annex.
6. Those that carry out transport services, both for people and goods, that continue to be developed since the declaration of the state of alarm, as well as those that must ensure the maintenance of the means used for it, under the regulations approved by the competent authority and the delegated competent authorities since the declaration of the state of alarm
7. Those that provide services in Penitentiary Institutions, or Units of the Civil Protection, in sea ​​rescue, rescue and fire prevention and extinction, mine safety, and traffic and road safety. Likewise, those that work in private security companies that provide security transport services, response to alarms, round-trip or discontinuous surveillance, and those that are necessary to use for the performance of security services in guaranteeing of essential services and supplying the population.
8. The indispensable ones that support the maintenance of the material and equipment of the armed forces.
9. Those of health centres, services and establishments, as well as people who (i) serve the elderly, minors, dependants or people with disabilities, and people who work in companies, R&D and biotechnology centres linked to COVID-19, (ii) the animal facilities associated with them, (iii) the maintenance of the minimum services of the facilities associated with them and the companies supplying the products necessary for said investigation, and (iv) the people who work in funeral services and other related activities.
10. Those of animal health centers, services and establishments.
11. Those that provide services in points of sale of the press and in the media or news agencies of public and private ownership, as well as in their printing or distribution.
12. Those of financial services companies, including banking, insurance and investment companies, for the provision of essential services, and the activities of payment infrastructures and financial markets.
13. Those of telecommunications and audiovisual companies and essential computer services, as well as those networks and facilities that support them and the sectors or subsectors necessary for their proper functioning, especially those that are essential for the adequate provision of public services, as well such as the non-attendance work of public employees.
14. Those that provide services related to the protection and care of victims of gender violence.
15. Those who work as lawyers, attorneys, social graduates, translators, interpreters and psychologists and who attend procedural proceedings not suspended by Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19 and, in this way, comply with the essential services agreed upon by the Ministry of Justice, the General Council of the Judiciary, the State Attorney General and the Autonomous Communities with competences in the matter and reflected in the Resolution of the Secretary of State for Justice dated March 14, 2020, and the adaptations that in their chaos may be agreed.
16. Those that provide services in law firms and legal advisory services, administrative agencies and social graduates, and third-party and own occupational risk prevention services, in urgent matters.
17. Those that provide services in the notaries and registries for the fulfilment of the essential services set by the General Directorate of Legal Security and Public Faith.
18. Those that provide cleaning, maintenance, urgent breakdown repair and surveillance services, as well as those providing services in the collection, management and treatment of hazardous waste, as well as urban, hazardous and non-hazardous solid waste, collection and treatment wastewater, decontamination activities and other waste management services and transport and removal of by-products or any of the entities belonging to the Public Sector, in accordance with the provisions of article 3 of Law 9/2017, of 8 of November, Public Sector Contracts.
19. Those who work in the Refugee Reception Centers and in the Temporary Stay Centers for Immigrants and public entities of private management subsidized by the Secretary of State for Migrations and that operate within the framework of International Protection and Humanitarian Care.
20. Those who work in water supply, purification, conduction, purification and sanitation activities.
21. Those that are essential for the provision of meteorological forecasting and observation services and the associated processes of maintenance, surveillance and control of operational processes.
22. Those of the operator designated by the State to provide the universal postal service, in order to provide the collection, admission, transport, classification, distribution and delivery services for the sole purpose of guaranteeing said universal postal service.
23. Those that provide services in those sectors or subsectors that participate in the import and supply of sanitary material, such as logistics, transport, warehousing, customs transit (freight forwarders) companies and, in general, all those that participate as facilitators in the sanitary sector.
24. Those who work in the distribution and delivery of products purchased in commerce by internet, telephone or correspondence.
25. Any others that provide services that have been considered essential.

 

Press Release Moncloa

Added through an order, published the 1st of April:

C.1 Hospitals (centres with internment).

C.2 Healthcare providers without hospitalization classified in one of the following typologies:
C.2.1 Medical consultations.
C.2.2 Consultations from other health professionals.
C.2.3 Primary care centres.
C.2.4 Multipurpose centres.
C.2.5 Specialized centres with the following detail:
C.2.5.1 Dental clinics: in emergency situations.
C.2.5.2 Centers for assisted human reproduction: only in the face of processes programmed or already started.
C.2.5.3 Centers for the voluntary interruption of pregnancy.
C.2.5.4 Outpatient major surgery centres: in emergency situations.
C.2.5.5 Dialysis centres.
C.2.5.6 Diagnostic centres.
C.2.5.7 Mobile health care centres: they must be considered as essential as long as the centre is considered an essential service by the health authority of the autonomous community in which they are located.
C.2.5.8 Transfusion centres.
C.2.5.9 Tissue banks.
C.2.5.10 Recognition centres.
C.2.5.11 Mental health centres.
C.2.5.90 Other specialized centres: they must be considered essential as long as the centre is considered an essential service by the health authority of the autonomous community in which they are located.
C.2.90 Other healthcare providers without hospitalization: they must be considered as essential as long as they are considered an essential service by the health authority of the autonomous community in which they are located.

C.3 Health services integrated in a non-health organization: they must be considered essential as long as the service is located in an organisation considered essential or considered essential by the health authority of the autonomous community in which they are located.
Health facilities:
E.1 Pharmacy offices.
E.2 Temporary ‘field’ pharmacy offices
E.3 Optics.
E.4 Orthopedics.
E.5 Hearing aid establishments.

Update essential health services published in State Gazette 28.4.2020

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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