The Government declares a state of alarm due to COVID-19 and announces the forthcoming approval of labor measures
Communication
The Government declares a state of alarm due to COVID-19 and announces the forthcoming approval of labor measures
Labor Alert Spain
The suspension of the opening to the public of premises and commercial establishments is established in general. It has also been announced that measures will be approved relating to temporary layoffs and aid for companies, self-employed workers and families.
Royal Decree 463/2020, of March 14, has been published, declaring a state of emergency to manage the COVID-19 public health crisis, for a period of fifteen calendar days, which involves a number of exceptional measures and restrictions and limitations in Spain as a whole:
- The opening to the public of all retail establishments and premises has been suspended, except for any used for or as the following: retail sale of food, drinks or hygiene or “basic need” products, pharmacies, medical establishments, opticians, and establishments for orthopedic products, press and stationery supplies, hairdresser’s, fuel for vehicles, tobacconists, technology and telecommunications equipment, food for pets, sales online, by phone or by correspondence, dry cleaner’s or laundries. Any other activity which in the opinion of the competent authority may pose a risk of contagion has been suspended.
- The opening to the public of museums, archives, libraries, monuments, as well as premises and establishments in which public shows, the sporting and leisure activities indicated in the annex to the royal decree are held, is suspended.
- Hospitality and restaurant activities are suspended, only home delivery services are allowed.
- Face-to-face educational activity is also suspended at all centers and stages, cycles, degrees, courses and levels of teaching, as well as any other educational or training activities. Remote and on-line educational activities are maintained, provided that this is possible.
- The restriction of freedom of movement is also envisaged in general, with certain exceptions, such as travel to the workplace.
- The procedural times periods are suspended for all courts, as well as the periods for the conduct of the procedures of Public Sector entities. The statute of limitations periods for any actions and rights are also suspended.
- All provisions and measures adopted by the competent authorities of the autonomous communities and of local entities are ratified, which will remain in force and will have the effects provided in them, provided that they are compatible with the legislation.
In an Appendix to this Alert we attach links to the principal decisions, announcements and communiqués issued by the various authorities of the different autonomous communities and autonomous cities in relation to the specific preventive measures ordered in each territory in recent days.
The provisions of the Royal Decree came into force at the time they were published in the Official State Gazette.
In addition, the Government has announced that shortly it will approve measures to speed up temporary layoff procedures, as well as aid for companies, self-employed workers and families.
Given the exceptional situation which exists, and subject to to the specific measures which may be approved in the coming days, from a labor perspective, at present, companies may, depending on the cases, arrange a number of measures, inter alia:
- Temporary layoff procedures (ERTE) due to force majeure.
- Temporary layoff procedures for economic, technical, organizational and/or production-related reasons.
- Teleworking.
- Time credits, flexible working hours, adaptations and reductions of working hours.
- Paid and unpaid leave.
- Taking of vacation.
- In sectors which are experiencing an increase in activity, application of bonuses or incentives, and the application of measures for uneven distribution of working hours to enable the temporary increase of activity to be met.
- The above is subject to any other alternative which may arise relating to or regulated in the applicable collective bargaining agreement.
In these difficult times, the Garrigues Labor and Employment Department is at the disposal of companies to help them to define and implement the measures which are best adapted to each of their particular needs.
APPENDIX
Principal resolutions, decisions, announcements and communiqués issued by the various authorities of the different autonomous communities and autonomous cities
- Andalucía:
- Aragón:
- Asturias:
- Catalonia:
Resolution SLT/737/2020, of March 13, 2020, adopting supplementary measures for the prevention and control of infection with SARS-CoV-2 S.
- Cantabria:
- Castilla La Mancha:
- Castilla y León:
- Extremadura:
- Galicia:
- Balearic Islands:
- Madrid:
- Murcia:
- Navarre:
- La Rioja:
- Valencia:
- Ceuta