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Royal Decree 463/2020, of 14 March, declaring the state of alert for the management of the health crisis caused by COVID-19

| COVID-19 / Publications | Employment Law and Social Security

Regarding Royal Decree 463/2020 of 14 March, declaring the state of alert for the management of the health crisis situation caused by COVID-19

The enactment of the above-mentioned RD 463/2020was produced on Saturday 14 March, on the occasion of its publication and, the duration of the state of alarm will be of fifteen calendar days, that is, in principle and cautiously until the next day 28 March 2020, affecting the whole national territory.

Pending legislative developments in the sphere of employment, as the most relevant aspects of the Royal Decree from this legal-labour perspective, the following should be highlighted (although it is recommended that they be read in full):

1.- The restriction on the freedom of movement of persons does not cover travel to the place of work to carry out work, professional or business activities;

The opening of retail premises and establishments to the public is suspended, with several exceptions set out in Article 1(1). The opening of cultural, sports and hotel and restaurant centres is also suspended, withcertain exceptions;

3.- Classroom-based educational activity is suspended in all centres and at all stages, cycles, grades, courses and levels of education. During the period of suspension, educational activities through distance and online modalities will be maintained, whenever possible;

4.- A reduction in the total supply of domestic road, rail and sea transport operations is imposed, both those under State jurisdiction which are subject to a public contract or public service obligations, and those which are not subject to a public contract or public service obligations;

5.- Terms are suspended, and the time limits provided for in the procedural laws for all court orders are suspended and interrupted. The calculation of the terms will be resumed when the present royal decree or, in its case, the extensions of the same one lose their validity.

In the labour court the referred interruption will not be applicable in the procedures of collective conflict and for the protection of the fundamental rights and public liberties regulated in the law regulating the labour courts. 

Without prejudice to the foregoing, the judge or court may agree to take any legal action that may be necessary to avoid irreparable damage to the rights and legitimate interests of the parties to the proceedings.

6.- The periods of limitation and expiry of any actions and rights will be suspended during the period of validity of the state of alarm and, if applicable, of the extensions that are adopted.

You can see the Royal Decree or download the complete document here.

For more information please contact:

Alfredo Aspra

Pedro Alonso

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