LIST OF ESSENTIAL ACTIVITIES AUTHORISED TO WORK STATE OF ALARM

LIST OF ESSENTIAL ACTIVITIES AUTHORISED TO WORK STATE OF ALARM
LIST OF ESSENTIAL ACTIVITIES AUTHORISED TO WORK STATE OF ALARM
Published on: by Vicente García Elías

Which activities can continue to provide services, as they are essential, during the state of emergency?

According to the agreement of the Council of Ministers of 29 March 2020, it has been agreed that from Monday 30 March all workers in non-essential activities must abstain from work and take paid leave until 9 March. However, the activities declared as essential will continue to provide their services as normal. 

 

Our Employment Law Firm will attend to workers and companies as normal for any issue related to Employment Law and any issue caused by the Coronavirus.

 

The essential categories are as follows: 

FOOD AND BASIC SERVICES

Catering with home-delivered meals 

BASIC SUPPLIES

Drinking water, fuel, highways

ARMED FORCES AND POLICE

Workers in care for victims of gender-based violence

Migrant and CETIS care workers

FUNERAL SERVICES

COMPANIES CONVERTED TO MANUFACTURING / HEALTH LOGISTICS

Post Office

Basic universal postal service

ADMINISTRATIVE

Notaries

Administrative agencies, consultancies, professional offices, and legal, tax, business and social and labour advice.

Social Security workers for the payment of pensions

Trade union and employers' service activity

Media and meteorologists

The full details of the 40 categories included as core activities are as follows:

(a) To persons employed in activities involved in the market supply chain and in the operation of the services of production centres for the production of essential goods and services, including food, beverages, hygienic products, medicines, medical devices or any product necessary for the protection of health, enabling the distribution thereof from the origin to the final destination.

b) To workers in hotel and catering activities providing home delivery services.

c) Workers in all productive activities in the industrial manufacturing sector, in particular in the chemical sector, the pharmaceutical and drug manufacturing sectors, the food and beverage sector, the textile, glass and tobacco sub-sectors, producers of capital goods and the sectors of the manufacturing value chain of all types of health technology, medical material, protective equipment, sanitary and hospital equipment, the pulp, paper, cardboard or cellulose production sectors, as well as those other related activities that offer the supplies, equipment, materials, raw materials or professional services necessary for the correct development of these activities.

d) Workers in the electro-intensive, iron and steel, blast furnace and mining industries, as well as workers in the production and supply of heating or air conditioning services on a centralised basis for multiple consumption centres.

e) Persons working in enterprises engaged in the manufacture of lead batteries, as well as any other materials necessary for the provision of health services.

f) Persons working in plants with a continuous production cycle or whose interruption may cause serious damage to the installation itself or danger of accidents.

(g) Persons working in the aerospace and defence industry and other activities of strategic importance to the national economy.

h) Persons working in telecommunications companies and essential computer services. In entities belonging to the Public Sector, in the sense defined in article 3 of Law 9/2017, of 8 November, on Public Sector Contracts, transposing into Spanish law the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU, of 26 February 2014, those services that are essential for the proper provision of public services, as well as the functioning of the non-presential work of public employees, shall be considered essential IT services.

i) Employees of companies providing essential services related to the protection and care of victims of gender-based violence.

j) To workers who provide services in activities necessary for the management and payment of public benefits, subsidies and aid established by law and regulations and the functioning of the Social Security System.

k) Workers who provide services in administrative and social security agencies, consultancies, professional offices, external and in-house occupational risk prevention services and, in general, those dedicated to the activity of legal, fiscal, business and socio-labour consultancy or to the defence of the interests of consumers.

l) The staff in the service of notaries and registries for the fulfilment of the essential services established by the Directorate General for Legal Security and Public Faith.

m) The civil authorities responsible for public health and employees providing services in this area, as well as those others directly or indirectly related to the management of the health emergency.

n) To persons working in funeral services, as well as in the construction of niches and other related activities.

o) Workers who provide cleaning, maintenance and surveillance services, as well as those who provide services in the collection, management and treatment of hazardous waste, as well as urban, hazardous and non-hazardous solid waste, wastewater collection and treatment, decontamination activities and other waste management services and removal of dead animals or in any of the entities belonging to the Public Sector, in accordance with the provisions of Article 3 of Law 9/2017, of 8 November, on Public Sector Contracts.

p) To workers at Refugee Reception Centres and Temporary Stay Centres for Immigrants and privately managed public entities subsidised by the State Secretariat for Migration and operating within the framework of International Protection and Humanitarian Assistance.

q) To workers involved in the provision of services that have been declared or may be declared essential by the competent Authority and the competent Authorities delegated under Royal Decree 463/2020, of 14 March.

r) To the personnel of the operator designated by the State to provide the universal postal service, for the purpose of providing the collection, acceptance, transport, sorting, distribution and delivery services for the sole purpose of guaranteeing the said universal postal service.

s) To persons engaged in the management and operation of toll motorways, including toll stations and service areas located on toll motorways.

t) To persons working in water supply, purification, conduction, potabilisation and sanitation activities.

u) Workers in the provision of meteorological services, including maintenance and surveillance services, control of operational processes linked to meteorological services, meteorological forecasting processes and aeronautical observation and defence observation/prediction processes. 

v) Likewise, the provision of services to Public Administrations shall be considered as an essential service, when this is indispensable, and insofar as it is necessary to guarantee the basic operation of public services. In the same way, those who provide services in activities of management of endowment services and public service infrastructures that are essential.

w) Persons providing essential on-site services for customs clearance, customs surveillance and those performing critical services necessary for the application of the tax system.

x) Workers providing services in those sectors or sub-sectors involved in the import and supply of health material, such as logistics, transport, storage, customs transit companies (freight forwarders) and, in general, all those involved in health corridors.

y) Persons providing services in logistics operators and textile or other industries dedicated or converted to the manufacture or import of medical devices.

(z) Persons engaged in the distribution and delivery of products purchased via Internet, telephone or mail order trade.

zi) To persons who provide the minimum services necessary for the maintenance and conservation of the installations that paralyse their activity during the indicated period.

zii) To workers who are already providing remote services, unless otherwise agreed between the employer and the legal representation of the workers through collective bargaining or, in the absence of such representation, the workers themselves.

ziii) Workers who are in a situation of temporary incapacity during the days of validity of the leave regulated in this Royal Decree-Law, as well as those whose contracts are suspended for other legally established reasons, including those set out in sections d) and e) of Article 45.1 d and e of Royal Legislative Decree 2/2015, of 23 October, which approves the revised text of the Workers' Statute Law.

ziv) Trade union and employers' activities to provide services to companies and workers shall also be considered essential services.

Exempt from the suspension of non-essential activities are those activities carried out by companies aimed at safeguarding the safety of people and the environment, animal health, mine safety, fire prevention and extinguishing, as well as those aimed at searching for and rescuing people.

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