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
Order of March 13, 2020, adopting public health preventive measures in Andalucía Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Decision of March 13, 2020, of the Government Council, taking onto consideration the application in the Andalucía University System of the public health preventive measures, from March 16 to 30, 2020, in compliance with the provisions of the Order of the Regional Minister for Health and Families on this subject.
Order SAN/207/2020, of March 13, 2020, of the Regional Health Minister, adopting public health preventive measures and recommendations in Aragón Autonomous Community due to the situation and evolution of COVID-19.
Resolution of March 13, 2020, of the Regional Health Ministry, adopting public health measures in relation to public shows, recreational activities, establishments, premises and facilities in the Principality of Asturias.
Decree Law 6/2020, of March 12, 2020, on urgent measures in relation to healthcare, budgetary, financial, fiscal and public procurement matters, in order to alleviate the effects of the pandemic due to the SARS-CoV-2 coronavirus.
Resolution SLT/737/2020, of March 13, 2020, adopting supplementary measures for the prevention and control of infection with SARS-CoV-2 S.
Resolution SLT/720/2020, of March 13, 2020, adopting new additional measures for the prevention and control of infection with SARS-CoV-2.
Resolution SLT/719/2020, of March 12, 2020, adopting additional measures for the prevention and control of infection with SARS-CoV-2.
Resolution SLT/704/2020, of March 11, 2020, adopting social distancing measures in relation to crowded events for the prevention and control of infection with SARS-CoV-2.
Resolution, of March 13, 2020, of the Regional Health Minister, adopting preventive measures in Cantabria Autonomous Community as a consequence of the epidemiological evolution of the coronavirus (COVID-19).
Decree 8/2020, of March 12, 2020, of the President of the Government of the Autonomous Communities, on extraordinary measures to be adopted due to the coronavirus (SARS-CoV-2).
Decision 9/2020, of March 12, 2020, of the Government of Castilla y León, on measures to be adopted at workplaces under the control of the Administration of the Autonomous Community due to COVID-19.
Correction of errors of Decision 9/2020, of March 11, 2020, of the Government of Castilla y León, on measures to be adopted a workplaces under the control of the Administration of the Autonomous Community due to COVID-19.
Order SAN/306/2020, of March 13, 2020, extending the preventive measures in relation to COVID-19 for the entire population and the territory of Castilla y León Autonomous Community.
Order EDU/308/2020, of March 13, 2020, setting out the operation of non-university teaching centers of Castilla y León Autonomous Community, whose face-to-face teaching activity and extracurricular activities have been suspended as a consequence of the coronavirus, COVID-19
Order SAN/300/2020, of March 12, 2020, extending the preventive measures in relation to COVID-19 for the entire population and the territory of Castilla y León Autonomous Community.
Order SAN/295/2020, of March 11, 2020, adopting preventive measures and recommendations in relation to COVID-19 for the entire population and the territory of Castilla y León Autonomous Community.
Resolution of March 13, 2020, of the Second Vice President and Regional Minister, ordering the publication in the Official Gazette of Extremadura of the Decision of the Government Council of the Regional Government of Extremadura of March 12, 2020, adopting public health preventive measures in relation to educational activity in Extremadura as a consequence of the situation and evolution of the coronavirus (COVID-19).
Resolution of March 13, 2020, of the Technical General Secretariat of the Regional Ministry of the Presidency, Public Administration and Justice, publishing the Decision of the Council of the Regional Government of Galicia, of March 13, 2020, declaring a health emergency situation in the territory of Galicia Autonomous Community and activating the territorial Emergency Plan of Galicia (Platerga) at level IG (emergency affecting Galicia), as a consequence of the evolution of the COVID-19 coronavirus epidemic.
Resolution of the Director General of Public Health and Participation establishing control measures in relation to the holding in the territory of the Balearic Islands of certain events with public attendance including sporting events consisting of non-qualifier sports events.
Decision of the Governing Council of March 13, 2020 approving the Exceptional Measures Plan to Limit the Spread of and Infection with COVID-19.
Decree on the organization of the services and functions of the Council of Mallorca and of its autonomous bodies in order to address the containment measures for the situation created by the COVID-19 coronavirus.
Decree of the President of the Council of Mallorca, dated March 13, 2020, on preventive, protective and organizational measures applicable to the personnel of the Council of Mallorca, the IMAS (Mallorca Social Affairs Institute) and the rest of its autonomous and bodies and entities under its control due to the COVID-19 coronavirus.
Order 338/2020, of March 9, 2020, of the Regional Health Ministry, adopting public health preventive measures and recommendations in Madrid Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Order 344/2020, of March 10, 2020, of the Regional Health Ministry, adopting public health preventive measures in Madrid Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Order 348/2020, of March 11, 2020, of the Regional Health Ministry, adopting public health preventive measures in Madrid Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Order 367/2020, of March 13, 2020, of the Regional Health Ministry, adopting public health preventive measures in Madrid Autonomous Community as a consequence of the situation and evolution of the coronavirus (COVID-19).
Resolution of March 11, 2020, of the Directorate General of Public Health of Madrid Autonomous Community, adopting public health measures in relation to the activity of occupational centers which provide care for persons with intellectual disabilities and early-care social services for minors.
Joint Order of the Regional Ministries of Health, Education and Culture and of Employment, Research and Universities, adopting additional measures in relation to the Coronavirus global pandemic
Order of the Regional Health Ministry activating the Territorial Civil Protection Plan of Murcia Region (PLATEMUR) to address the Coronavirus (COVID-19) global pandemic.
Order of the Regional Health Ministry adopting measures supplementing the Order of the Regional Health Ministry activating the territorial civil protection plan of Murcia Region (PLATEMUR) to address the Coronavirus (covid-19) global pandemic of March 13, 2020.
Regional Order 3/2020, of March 13, 2020, of the Regional Health Ministry, adopting public health preventive measures and instructions as a consequence of the situation and evolution of the coronavirus (COVID-19).
Regional Order 47/2020, of March 12, 2020, of the Regional Minister of the Presidency, Equality, Public Service and the Interior authorizing measures to be adopted at the workplaces under the control of the Administration of Navarre Autonomous Community and its autonomous bodies due to COVID-19.
Resolution of March 11, 2020, of the Technical General Secretariat of the Regional Ministry for Social Services and Citizenry, ordering the publication of the Decision of the Government Council on preventive measures and recommendations relating to the coronavirus (COVID-19) infection.
Resolution of March 11, 2020, of the Regional Health Ministry, on preventive and therapeutic measures related to the coronavirus (COVID-19) infection.
Resolution 441/2020, of March 11, 2020, of the Directorate General of Public Service, establishing measures to be adopted in relation to personnel management in the workplaces under the control of the General Administration of La Rioja Autonomous Community due to the coronavirus (COVID-19) infection.
Resolution of March 13, 2020, of the Regional Minister for Universal Health and Public Health, ordering special preventive measures in relation to public shows, recreational activities, sociocultural activities and public establishments, in order to limit the spread of and infection with COVID-19.
Resolution of March 13, 2020, of the Regional Ministry of Universal Health and Public Health, ordering exceptional measures for cultural, recreational or leisure events, operated publicly and privately, in Valencia Autonomous Community, in order to limit the spread of and infection with Covid-19.
Resolution of March 12, 2020, of the Regional Ministry of Universal Health and Public Health, ordering exceptional measures in relation to leisure centers specialized in Care for the Elderly (CEAM), retired persons’ social clubs, senior citizens’ social clubs and similar venues, regardless of their ownership, having a cultural or leisure purpose, in order to limit the spread of and infection with Covid-19.
Resolution of March 12, 2020, of the Regional Ministry of Universal Health and Public Health, ordering exceptional measures in relation to leisure, cultural and similar activities and trips, organized by social and educational centers of any level, association, cultural entity or others, within or outside Valencia Autonomous Community, in order to limit the spread of and infection with Covid-19.
Resolution of March 11, 2020, of the Regional Ministry of Universal Health and Public Health, ordering exceptional measures for festive events and public gatherings, in Valencia Autonomous Community, in order to limit the spread of and infection with Covid-19.
Decree of the Regional Ministry for Health, Consumer Affairs and Governance of the City of Ceuta, Francisco Javier Guerrero Gallego, of March 13, 2020, correcting errors in the previous Decree of March 13, ordering exceptional measures to limit the spread of and infection with COVID-19.
