Employment 30. March 2020

Spain: Non-essential activities will stop in Spain until April 9th

30. March 2020
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Victoria Caldevilla
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act legal Spain

Prime Minister Pedro Sánchez announced on Saturday the halt of all non-essential activities starting Monday March 30, until Thursday April 9, both inclusive. However finally the Government allowed a 24-hour grace period, giving businesses until Tuesday to prepare for the shutdown, where necessary.

The new measure, approved at a Cabinet meeting on Sunday, states that all workers affected must stay at home at least for the next two weeks. Their absence will be a form of paid leave, receiving salaries as usual from their employers, although the hours missed will have to be made up gradually up to the end of the year once normal activity resumes.

It does not apply to workers who are teleworking because what is intended is that the population does not leave their home except to provide essential services in related activities.

Which workers/activities are considered to be essential?

1- Those that participate in the market supply chain and in the operation of the services of the production centers of basic goods and services, including food, beverages, animal feed, hygienic 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.

2- Hotel and restaurant activities for home delivery services.

3- Those that provide sanitary technology, medical material, protective equipment, sanitary and hospital equipment and any other materials necessary for the provision of sanitary services.

4- 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.

5- 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.

6- Those that provide services in Penitentiary Institutions, civil protection, maritime rescue, rescue and prevention and extinction of fires, 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 guarantee of essential services and supplying the population.

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

8- Those of health centers, 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 centers 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.

9- Those of animal health centers, services and establishments.

10- 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.

11- Financial services companies, including banking, insurance and investment companies, for the provision of essential services, and the activities of payment infrastructures and financial markets.

12- 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.

13- Protection and care of victims of gender violence.

14- Lawyers, attorneys, social graduates, translators, interpreters and psychologists and who attend procedural proceedings not suspended by the previous Royal Decree 463/2020, of March 14, declaring the state of alarm.

15- Legal advisory services, administrative agencies and social graduates, and third-party and own occupational risk prevention services, in urgent matters.

16- Notaries and registries for the fulfillment of the essential services set by the General Directorate of Legal Security and Public Faith.

17- 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 solid, hazardous and non-hazardous waste, collection and treatment of 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.

18- Refugee Reception Centers and in the Temporary Stay Centers for Immigrants and public entities of private management subsidized by the Secretary of State for Migration and that operate within the framework of International Protection and Humanitarian Care.

19- Water supply, purification, conduction, purification and sanitation activities.

20- Meteorological forecasting and observation services and the associated processes of maintenance, surveillance and control.

21- The State designated operator 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.

22- Sectors or subsectors that participate in the import and supply of sanitary material, such as logistics, transportation, warehousing, customs transit (freight forwarders) companies and, in general, all those that participate in sanitary corridors.

23- Distribution and delivery of products purchased in commerce by internet, telephone or correspondence.

24- Any others that provide services that have been considered essential.

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Victoria Caldevilla
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act legal - DA Lawyers
About the author

Victoria Caldevilla

Partner

Regular advice to numerous prestigious domestic and foreign companies on employment and labor matters, giving support to the client’s Executive Committee and focusing her advice throughout a knowledge of client’s business model and its industry. Adviser on the adjustment of employment levels ("expediente de regulación de empleo") and collective bargaining agreements.

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