ADMINISTRATIVE IMPLEMENTATION MEASURES FOR THE THIRD EXTENSION OF THE STATE OF EMERGENCY
Following the third extension of the State of Emergency declared by the President of the Republic through Presidential Decree No. 21/2020, of 26 June and ratified by the Parliament via Law No. 8/2020, of 29 June 2020, the Council of Ministers has enacted Decree No. 51/2020, of 1 July 2020 (the “Decree”), whereby it approves the administrative implementation measures for the prevention and containment of the spread of COVID-19 that will apply until 29 July 2020.
The following measures are noteworthy:
Quarantine – Mandatory home quarantine between 14 and 21 days for: (i) everyone who enters the Country; (ii) everyone who has had direct contact with confirmed COVID-19 cases. In addition, COVID-19 infected persons must stay in an appropriate health facility for treatment.
Licenses and Authorizations – During the State of Emergency, licenses, authorizations and other types of administrative acts remain valid regardless of their validity.
Validity of Expired Official Documents – Certain official documents are valid until 30 September 2020, even if they have already expired. This includes IDs, driving licenses, temporary visas and DIREs – foreign citizen residence and identification document.
Flights – Charter and freighter (cargo) flights are allowed. Exceptionally, transport and passenger flights with specified countries may be authorized, on a reciprocal basis. The Minister of Transports shall determine the frequency of flights and the countries of destination.
Opening of schools – Presential classes are authorized and shall be resumed in three phases:
First phase: 12th grade / teachers’ training in the modalities of 10ª + 1 and 10ª + 3;
Second phase: 7th and 10th grades / education for adults of the 3rd grade
Third phase: 1st to 6th grades, 8th, 9th and 11th grades / literacy / education for adults / teachers’ training in the modality of 12ª+3
The resumption of classes at the level of Higher Education, Technical-Professional Education and Professional Training will also comprise two phases:
First phase: the classes re two last years of each course;
Second phase: the remaining classes of the relevant courses.
The resumption of classes in each phase is however subject to a contingency plan and the existence of all the required health conditions for such purpose.
Religious ceremonies – religious ceremonies in congregation are suspended.
Functioning of Public and Private Institutions – Subject to observance of COVID-19 prevention and control measures, public and private institutions continue to operate. Certain additional prevention matters are adopted. The staff shall be reduced according to the capacity and dimension of the workplace. This reduction is not to be confused with dispensation from work and remote work may be adopted by each employer. Governmental officials of higher ranking continue to fulfil their duties in full.
Safeguard of employment relationships – Termination of employment relationships for absence from the workplace as a result of the COVID-19 prevention and control measures is forbidden. Disciplinary action continues to be possible, though, in respect of employees who continue to be required to work during the period of the State of Emergency.
General cooperation duty applicable to all citizens and public and private entities.
The breach of the restriction measures provided for in the Decree qualify as a criminal offence of disobedience.
Should you require any assistance, please reach out to the Legal Matters member.