Decrees 3-A/2021 and 6-A/2021 have just been published, respectively, regulate the state of emergency decreed by the President of the Republic, and amend the misdemeanour regime in the context of the calamity, contingency and alert, it also aggravates the misdemeanour regarding mandatory teleworking during the state of emergency.
In this note, we report on the main impacts of the above acts with regards to labour relations and activities that are not covered by the closing obligation.
- Mandatory adoption of the teleworking regime
The adoption of the teleworking scheme will now be mandatory, regardless of the employment relationship or the nature of the legal relationship (which means that it also applies to, among others, service providers and temporary workers), providing that such a scheme is compatible with the activity carried out and the worker is in a position to carry it out.
Remote workers retain the same rights and duties as other workers, with no reduction in wages, while maintaining the limits of the normal working period and other working conditions (namely those laid down in a collective regulation instrument), safety and health at work, work accidents and the maintenance of the right to a meal allowance.
It is the employer’s responsibility to provide the working and communication equipment necessary for teleworking, or, if this is not possible, the work may be carried out by the means the worker has at his disposal, with the employer being responsible for the proper planning and adaptation to the needs inherent in teleworking.
The infringement of the obligation to adopt the telework system constitutes a very serious offence, punishable by a fine of between € 2,040.00 and € 61,200.00, depending on the turnover of the company and the degree of fault.
- Organisation of timetables in a phased form
Where the adoption of teleworking is not possible, regardless of the number of workers, the employer must organise the hours of entry and exit from the workplaces in a phased form, as well as adopt the technical and organisational measures to ensure the physical distance and protection of workers.
- Mandatory use of masks or visors
The use of masks or visors is mandatory to keep the workplace active whenever the physical distance recommended by the health authorities proves unviable.
This obligation does not apply to workers when they are carrying out their work in an office, room or equivalent, which has no other occupants or when impermeable physical barriers are used to separate and protect workers.
- Temperature control
Body temperature measurements can be taken by non-invasive means to control access to the workplace. However, the recording of body temperature associated with the identity of the person is expressly prohibited, unless expressly authorised by the person.
Access to the workplace may be denied if the worker refuses to take the temperature measurement (in which case the absence may be considered unjustified) or presents a result higher than the normal body temperature, being considered as such a body temperature of 38°C or higher (in which case the absence shall be considered justified).
The coming months will surely be a huge challenge for all of us, businesspeople, workers and even lawyers seeking to provide the best possible legal advice in times of enormous legislative uncertainty and confusion.
The team of Valadas Coriel e Associados will always be available to help you overcome this critical phase.
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For more information, contact:
Hugo Martins Braz
hugomartinsbraz@valadascoriel.com
Tiago Lopes Fernandez
tiagolopesfernandez@valadascoriel.com
