Introduction.
Pursuant to Royal Decree 463/2020 of March 14, which declared a state of emergency to manage the health crisis caused by COVID-19, a series of restrictive measures have been implemented that affect citizens' daily lives in all aspects, with the aim of mitigating the spread of a virus that is causing an unprecedented global health crisis. Therefore, temporary and extraordinary protective measures have been taken to safeguard the health and safety of citizens, and these measures are mandatory.
In light of the above, a state of alarm is declared throughout the national territory, lasting 15 calendar days, starting from the date of publication of the referenced Royal Decree, with the central government assuming hierarchically and at the state level each and every one of the powers necessary to safeguard the application and control of measures, so that the management of legal instructions, application of restrictions, and determination of actions will be carried out solely and exclusively by the central government, notwithstanding any recommendations that may be made by the regional government bodies.
Furthermore, the measures implemented under the state of emergency have consequently had a direct impact on the professional and business sectors throughout the country. Certain sectors have been ordered to close completely, and the continued operation of many others has been hampered. However, those sectors not included in the closure order must continue their activity, and therefore, workers must continue providing services and may travel to their workplaces without movement restrictions.
Finally, given the unpredictability of the current situation, but in anticipation of the progression of the COVID-19 pandemic as confirmed by health authorities, a series of economic, legal, and administrative measures will be implemented in the coming days to address the various professional, business, and economic scenarios.
Analysis of the labor market for professionals and entrepreneurs
The containment measures applied in the labor sphere to date are calculated through the closure and limitations of the following sectoral blocks:
- Educational and training activities: all in-person activities at any level are suspended. Exceptions: Distance learning modalities.
- Commercial activity: All retail establishments open to the public are suspended. Exceptions: Retailers of food, essential goods and products, pharmacies, medical and optical establishments, orthopedic and hygiene product stores, newsstands and stationery stores, fuel stations, tobacconists, technology and telecommunications equipment stores, pet food stores, online, telephone, and mail-order businesses, dry cleaners and laundries. *Other related activities may also be suspended where there is a risk of contagion.
- Cultural and recreational activities are suspended, as well as all activities in museums, archives, libraries, monuments, public shows, sports and leisure activities, without exception.
- Hospitality and catering activities: all activities related to the sector are suspended. Exceptions: Home delivery services.
- Activities related to street parties, parades and popular festivalsare suspended, without exception.
- Activities in places of worship, civil and religious ceremonies, are expected to avoid crowds, depending on the dimensions and physical characteristics of the place, and compliance with preventive and safety measures must be guaranteed.
- Activities related to transport: public passenger transport by road, rail, air and sea is limited to 50% with exceptions depending on the type of transport.
On the contrary, all those professional and business sectors, not directly affected by the closure or limitation set out in Royal Decree 463/2020, must continue to develop their activity, ensuring the continuity of service provision by their employees, without prejudice to the legal actions and measures they may adopt due to the finding of impacts on their activity.
Companies or professionals affected by the sector closure
In the current scenario, and in the event of sector-wide disruption and mandatory closure, professional activity must be suspended immediately at all workplaces. The procedure to be followed is detailed below in this order:
- Immediate closure of all workplaces.
- Communication to the workers of said closure covered by the provisions of Royal Decree 463/2020, and of their non-continuity in the provision of services, remaining awaiting the completion of the suspension procedure of the employment contracts, and until further notice maintaining their active employment relationship.
- The process for the collective suspension of employment contracts has begun. In this regard, we await the publication of exceptional labor regulations that will expedite and simplify the procedures for collective dismissals (EREs/ERTEs).
- Following approval of the file by the Department of Labor, the contractual relationships are temporarily suspended. The suspension releases both parties from their reciprocal obligations to work and to pay for work.
- Workers temporarily receive unemployment benefits for the duration of the measure adopted.
Companies or professionals not affected by the sector closure
In the event that there is no mandatory closure of the activity as stipulated in Royal Decree 463/2020, work activity must continue, maintaining the provision of services by employees, as well as the flow of third parties, provided that social or business circumstances allow it, but respecting at all times the following safety measures:
- Implementation of non-face-to-face service delivery measures, implementing remote work methods where possible.
- Avoid physical contact, maintain a safe distance of one meter.
- Avoid crowds.
- Act responsibly in the face of possible infections.
- Simplify, eliminate or provide alternatives to face-to-face meetings and encounters with staff or third parties in the development of the activity itself.
- Intensify and adopt personal hygiene measures, such as making disinfectant gels available and repeated hand washing in periods of less than two hours.
- Adopt the implementation of protective equipment and contact avoidance measures in all sectors with physical exposure to third parties.
- Establish a detailed protocol with the risk prevention service, by center and activity, that includes and adapts the existing needs for each sector, as well as the appropriate protective equipment.
In order to provide continuity and adapt to the different scenarios that may arise in the coming days, we will publish new information notes and offer all the advice of our professional team, to provide the necessary legal coverage in the face of this health crisis affecting all professional and personal areas.
If you require further information or have any questions, please contact us via email at ambit@ambitassessor.com.
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A graduate in Law from the University of Barcelona, she also completed a Master's degree specializing in Labor Law and Social Security at the Barcelona Bar Association. She began her professional career as an intern while studying and later joined the Navarro Law Firm as an employment lawyer, advising companies nationwide on labor law matters and representing them before the Labor Courts, the Labor Inspectorate, in conciliation proceedings, etc. In February 2017, she joined Àmbit Jurídic i Econòmic as a professional partner after extensive experience as an employment lawyer.
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