NAVHR: EXCEPTIONAL AND TEMPORARY MEASURES RELATING TO THE EPIDEMIOLOGICAL SITUATION OF THE NOVO CORONAVIRUS — COVID 19

Order No. 2875-A/2020, of March 3

Published on March 3, 2020, the Order No. 2875-A/2020, of March 3 adopts measures to safeguard the social protection of beneficiaries who are temporarily prevented from exercising their professional activity by order of the health authority, due to danger of contagion by COVID-19

The Government determined that workers who are temporarily prevented from exercising their professional activity by order of the health authority, due to the danger of contagion by COVID-19, will be equated to illness with hospitalization (for the purposes of Decree-Law n.º 28/2004, of February 4), in these cases the attribution of the sickness allowance is not subject to the guarantee period, professional index and waiting period.

This provision does not apply to workers who can be assured of recourse to alternative work provision mechanisms, namely teleworking or distance training programmes.

When workers cannot attend work, due to illness or for assistance to a child, grandchild or member of the household, in general terms, such absences follow the regime established by law for these eventualities.

Decree-Law No. 10-A/2020, of March 13

Published on March 13, 2020, the Decree-Law No. 10-A/2020, of March 13 establishes exceptional and temporary measures regarding the epidemiological situation of the new Coronavirus — COVID 19.

The employee is entitled, each year, to a minimum number of forty hours of continuous training or, being hired on a fixed-term basis for a period equal to or greater than three months, to a minimum number of hours proportional to the duration of the contract in that year .

As a result, from this publication, several measures were applied, including those that increase the possibilities of social distancing and prophylactic isolation, taking care of the perception of the income of themselves or of those who find themselves in the situation of providing assistance to dependents.

Articles 22 (justified absences) and 23 (support) of Decree-Law no. 10-A/2020 only apply, in general to teaching activities, from 16 to 27 March 2020. The support provided for in article 23.º, does not include the period of school holidays, being allocated between 16 and 27 March. In the case of children who use social facilities to support early childhood or disability, support is granted until April 9th.

There can be no overlapping periods between parents

Dependent workers – Absences from work and support

• Abouts resulting from the monitoring of prophylactic isolation for 14 days of a child or other dependent in charge of employees of the general social security system, motivated by situations of serious risk to public health decreed, are considered justified absences. by entities exercising the power of health authority;
• Outside of school holidays (school holidays are periods between December 17th and 24th, February 24th to 26th, March 30th to April 9th), they are considered justified, without loss of rights unless otherwise stated. to pay, absences from work motivated by unavoidable assistance to a child or other dependent under 12 years of age, or, regardless of age, with a disability or chronic illness, resulting from suspension of classroom activities and non-teaching activities in a school or equipment social support for early childhood or disability, when determined:
  • By health authority;
  • For the Government.
• Only one of the workers/parents must report the absence for such reasons to the employer, proving that:
  • The age of the minor or the condition of chronic illness that affects him;
  • Declaration that the other members of the household, if they are engaged in professional activity, have not been absent for the same reason or are unable to provide assistance. (GF88-DGSS model of Social Security forms< /a>).

The support to be paid to the employee has as a maximum limit the value of 2/3 of the remuneration (with 33% being paid by the employer and 33% by the social security), and in any case the amount cannot be less than the value of the minimum wage national minimum wage (€635.00) or more than 3 times this same national minimum wage (€1905).

The support must be requested by the employer from the social security system, and the impossibility of providing teleworking work is a condition for its attribution. The portion payable by social security will be handed over to the employer, who is responsible for paying the support to the worker.

The support paid includes the social security contribution paid by the employee and half of the contribution paid by the employer.

Ordinance No. 71-A/2020, of March 15

Published on March 15, 2020, the Ordinance No. 71-A/2020, of March 15, amended by Rectification No. 11-C/2020, of March 16 and recently amended by Ordinance 76-B/2020, of 18 March, defines and regulates the terms and conditions for granting immediate support of an extraordinary, temporary and transitory nature, intended for workers and employers affected by the outbreak of the COVID-19 virus, with a view to maintaining jobs and mitigate business crisis situations.

Necessarily succinctly, the measures implemented are as follows:

• Extraordinary support for the maintenance of employment contracts in a situation of business crisis, with or without training:
  • Inspired by the lay off figure, but without sympathy with the procedural complexity of this regime (provided for in the Labor Code) and through the framework and
    compliance with the requirements set forth in this legal diploma, this measure will take the form of financial support under the same terms as provided for in paragraph 4 of article 305 of the Labor Code, in an amount equal to 2/3 of the employee’s gross remuneration, up to a maximum of 3 RMMG ((euro) 1905), 70% of which is provided by Social Security and 30% by the employer, with a duration of one month, extendable monthly, up to a maximum of 6 months.
• The extraordinary plan of formation;
• The extraordinary financial incentive to support the normalization of the company’s activity:
  • In the amount of one RMMG, per worker, paid only for one month, and which aims to support companies that, no longer constrained in their capacity to work, need support, in the first phase of return to normality</li >
• Temporary exemption from paying Social Security contributions, borne by the employer.