lockdown and covid19

According to the royal decree 10/2020, of 29th of March that the Council of Ministers has just approved, this permit will not apply to the following workers:

1. Workers from companies engaged in activities that must continue to be carried out under articles 10.1, 10.4, 16 and 18 of Royal Decree 463/2020, of March 14.

10. 1. The opening to the public of retail premises and establishments is suspended, with the exception of commercial retail establishments for food, beverages, products and basic necessities, pharmaceutical establishments, health centres, veterinary centres or clinics, opticians and orthopaedic products. , hygiene products, press and stationery, automotive fuel, tobacconists, technological and telecommunications equipment, pet food, internet commerce, telephone or correspondence, dry cleaners, laundries and the professional practice of hairdressing at home. In any case, the activity of any establishment that, in the opinion of the competent authority, may pose a risk of contagion due to the conditions in which it is being developed will be suspended.

10.4. Hotel and restaurant activities are suspended, and home delivery services can be exclusively provided.

Article 16 Customs transit

The delegated competent authorities shall adopt the necessary measures to guarantee customs transit at the points of entry or border inspection points located in ports or airports. In this regard, priority products will be addressed.

Article 18 Critical operators of essential services

1. The critical operators of essential services provided for in Law 8/2011, of April 28, which establishes measures for the protection of critical infrastructures, shall adopt the necessary measures to ensure the provision of essential services that are their own.

2. The said requirement will also be adopted by those companies and suppliers that, not having the consideration of critics, are essential to ensure the supply of the population and the essential services themselves.

3. Those that work in the activities that participate in the supply chain of the market and in the operation of the services of the production centres of basic goods and services, including food, beverages, animal feed, hygiene products, medicines, health products or any product necessary for the protection of health, allowing the distribution of the same from the origin to the final destination.

4. Those that provide services in the hotel and restaurant activities that provide home delivery services.

5. 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.

6. 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 annexe.

7. 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.

8. Those that provide services in Penitentiary Institutions, civil protection, maritime 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 the guarantee of essential services and supplying the population.

9. The indispensable ones that support the maintenance of the material and equipment of the armed forces.

10. Those of health centres, services and establishments, as well as people who (i) serve the elderly, minors, dependents 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 the said investigation, and (iv) the people who work in funeral services and other related activities.

11. Those of animal health centres, services and establishments.

12. 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.

13. 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.

14. 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 as the operation of the non-presential work of public employees.

15. Those that provide services related to the protection and care of victims of gender violence.

16. Those who work as lawyers, attorneys, social graduates, translators, interpreters and psychologists and who attend the non-suspended procedural proceedings.

17. 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.

18. 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.

19. Those that provide cleaning, maintenance, urgent breakdown repair and surveillance services, as well as 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 in any of the entities belonging to the public sector.

20. Those who work in refugee reception centres and temporary immigrant stay centres and privately managed public entities subsidized by the State Secretariat for Migration

21. Those who work in water supply, purification, conduction, purification and sanitation activities.

22. Those are essential for the provision of meteorological forecasting and observation services and the associated processes of maintenance, surveillance and control of operational processes.

23. 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.

24. 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 in sanitary corridors.

25. Those who work in the distribution and delivery of products purchased in commerce by internet, telephone or correspondence.

26. Any others that provide services that have been considered essential.

Not applicable in time off sick, Temporary Employment Regulation Files (ERTE) and maternity leave

The royal decree stresses that this permit will mean that workers will retain the right to the remuneration that would have corresponded to them if they were rendering services on a regular basis, including basic salary and salary supplements.

The recovery of working hours may be effective from the day following the end of the state of alarm until December 31, 2020. This recovery must be negotiated in a consultation period open for this purpose between the company and the legal representation of working people, which will have a maximum duration of 7 days.

However, it will not be applicable by companies when they are applying or requesting a temporary employment regulation file (ERTE) since this measure also allows an adequate response to the need to further restrict the mobility of people. Companies, where appropriate, that have only reduced a percentage of the activity, with the processing of the corresponding ERTE to reduce the working hours of the working people, will be able to combine both measures.

In no case may the recoverable paid leave to be applied to people who are on sick leave due to temporary disability or whose contract is suspended for other legally-established causes, nor to those for whom it is possible to carry out the activity in the form of work distance, in accordance with the provisions of article 5 of royal decree-law 8/2020, of March 17. Neither those who are enjoying maternity or paternity leave

María Luisa de Castro

DIRECTOR

María founded CostaLuz Lawyers in 2006 and is the Firm’s Director. María is registered Lawyer number 2745 of the Cadiz Bar Association and is licensed to practice in all areas of law throughout Spain. Working closely with her team, María has developed the firm into one of the most highly regarded and trusted Spanish Law Firms acting for English speaking clients with legal problems in Spain.

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