New Condination
NEW CONFINEMENT STARTING ON JANUARY 15, 2021
Decree No. 3-A/2021, of January 14, of the Presidency of the Council of Ministers, which defines the new rules, has just been published in the Diário de República to be applied from 00:00 on the 15th of January 2020.
As already verbally informed yesterday, the changes regarding the confinement enacted in March 2020 are essentially related to the exclusion of schools and public services (where including the courts).
There is thus a general duty of home collection, with citizens prevented from circulating in public spaces and roads. This general duty of collection does not apply in all the situations provided for in paragraph 2 of article 4 of the aforementioned Decree, where, in addition to the situations previously provided for, the following stand out:
- Participation in procedural acts with judicial entities, or acts within the competence of notaries, lawyers and solicitors;
- Performance of professional activities when there is no room for telecommuting.
- Attendance or trips to educational establishments and nurseries;
With regard to telework “it is mandatory to adopt telework … as long as it is compatible with the activity performed and the worker has conditions for the exercise…”
The same article also provides for the company to provide the necessary work equipment, and the worker’s means may be used, if available, as previously provided.
In cases where teleworking is incompatible, we take the opportunity to send a draft declaration (at the end of the document) that must be completed and signed by the employer and delivered to the worker in the sense of the same to present in case of inspection on the public road.
With regard to support for companies that has been talked about in the media, to date and time, nothing has yet been published in Diário da Republica, nor has it been announced by the Minister of Economy, so it should still take a few more days until everything is published in the Diário de Republica.
We strongly advise our customers and partners not to deliver any support request in the coming days, without all the support and respective regulations being made available in the Diário da República, which has been announced in the media, in order to maximize the support they will be entitled to.
As soon as the support for the economy and the company is regulated, we will get back in touch.
Draft statement
DECLARATION
Employer entity, with registered office in …, with a unique registration and legal person number …., declares, under the terms and for the purposes of the Decree No. 3-A/2021, of January 14, that the worker ….., performs the duties of ….., which prove to be totally incompatible with being exercised in the telework regime, under the terms and with the grounds that goes on to expose.
The exercise of this worker’s functions includes the execution of the following work: …….
In view of the above, it is considered that the work he provides requires that it be performed at the employer’s headquarters/or traveling to clients/is not consistent with the lack of physical presence of the worker in the company.
Performing the work in the usual place is absolutely essential for the good performance of your work.
It is further stated that the worker’s working hours are from …. hours to …. hours, with the workplace at Rua ……
As this is true and necessary, this declaration is issued.
….., … from … 2020.
