Following the evolution of the epidemiological situation in Portugal and, mainly, in other member states of the European Union, it has been an increase of the number of new COVID-19 daily cases.
Consequently, by meeting held last November 25th, the Council of Ministers has declared with effects from December 1st, 2021 and until 23:59 hours of March 20th, 2022 a calamity situation throughout the continental national territory and has determined a set of rules, based on the prevention of the virus transmission, that are already in force, of which we highlight the following:
- Mandatory Teleworking Regime
In order to reduce the impact resulting from the foreseeable contacts of the festive season that is approaching, it was defined that between January 2nd and 9th, 2022 telework regime will be mandatory, whenever the professional functions allow it and the employee has the conditions to exercise them.
Furthermore, the adoption of the telework regime is still recommended whenever the functions allow it, throughout the national territory.
- Control measure for body temperature
Body temperature measurements can be carried out by non-invasive means, at workplace access control. These may be carried out by an employee at the service of the entity responsible for the location or establishment, who is subject to professional confidentiality.
In cases of refusal to measure body temperature or presentation of a result equal or higher than 38º C, access to the workplace may be denied. In this second case, the employee's absence from the workplace is considered as a justified absence.
To be noted that, the right to individual data protection is not prejudiced, and the recording of body temperature associated with the identity of the person is expressly forbidden, except with his/her express permission.
- Obligation to present proof of vaccination or laboratory test with negative result
It is also mandatory to present a EU Digital Certificate; proof of vaccination attesting that the vaccination scheme has been completed at least 14 days ago; or proof of laboratory test with negative result, in access to:
- Tourist establishments or local accommodation establishments;
- Restaurants and similar establishments;
- Casinos, bingos or similar;
- Bars, other drinking establishments without entertainment and establishments with dancing space.
Employees that perform their duties on the respective spaces or establishments are excluded from presenting a certificate or proof of a negative test.
Publication of Decree-Law no. 104/2021, of 27 November
We also note that, taking into account the festive period and the implications that it may have in the context of resumption of school activities, non-teaching and formative activities, it was taken the precautionary option to suspend, also between January 2nd and 9th, 2022, the school activities, non-teaching and formative activities, in a face-to-face regime.
In this regard, and with relevance to labour matters, we emphasize that the absence from work when motivated to the urgent need to care for a child or other dependent under the age of 12, or, regardless of age, with disabilities or chronic illness, resulting from suspension of school activities and non-teaching activities in a school establishment or social equipment to support early childhood or a specific disability, as determined between January 2nd and 9th, 2022, are considered justified, without loss of rights (as the respective social benefit will be provided by the Social Security).
