PLMJ
  March 16, 2020 - Portugal

Coronavirus: Management of Human Resources in Employment Relationships
  by Nuno Morgado

With Decree-Law 10-A/2020 of 13 March, the Government has introduced a broad set of exceptional and temporary measures on preventive isolation (often referred to as “quarantine”), social protection for those affected by the disease, absence from work due to the closure of educational establishments, and the arrangements for home working.

We have received a number of questions from employers and employees relating the management of human resources and employment relationships in face of the spread of the new Coronavirus, COVID-19. Due to the importance and huge impact of this situation, we wish to highlight the following extraordinary measures that have been adopted:

1. Preventive isolation

1.1. Preventive isolation of the worker:

• The situation of the worker who is obliged to go into preventive isolation for 14 days, certified by a health authority, is deemed equivalent to the worker being off work due to sickness.

• In this situation, the employee is entitled to a daily benefit corresponding to 100% of the reference pay, regardless of whether they have reached the minimum insurance period or the minimum amount of paid work, or of whether they have certification of temporary incapacity for work.

• The granting of this benefit is immediate and it is not subject to the three-day waiting period normally applicable in situations of sickness.

1.2. Preventive isolation of a child or a dependant of the worker:

• Absence from work due to the worker’s need to deal with the preventive isolation of a child or any other dependant, regardless of age, will be considered a justified absence. Thegeneral rules set out in the Employment Code will apply.

• If the need for assistance due to preventive isolation involves a child or grandchild under the age of 12 or, regardless of age, with a disability or chronic illness, the granting of the benefit in the daily amount of 65% of the reference pay does not depend on the usual minimum insurance period.

 

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