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Decree Law No. 46-A/2020


Publication: Republic Diary No. 147/2020, Series I of 2020-07-30
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 46-A/2020
  • Pages: 13-(2) a 13-(10)

Summary in plain english

What is it?

This decree-law creates the extraordinary support for the gradual resumption of activity in companies in a situation of business crisis with a temporary reduction of the normal working period (PNT), under the Economic and Social Stabilisation Programme, with a view to maintaining jobs.

Given the public health emergency of international scope, declared by the World Health Organization on 30 January 2020, as well as the classification, on 11 March 2020, of the COVID-19 disease as a pandemic, the Government has been approving a set of extraordinary and urgent measures in several matters.

What is going to change?

This extraordinary support applies to private employers, including those in the social sector, who have been affected by the COVID-19 pandemic and are therefore in a state of business crisis (a fall in turnover of 25% or more).

To benefit from the extraordinary support for the gradual resumption of activity in companies in business crisis, with a temporary reduction of the PNT, the employer must communicate in writing to the workers to be covered by the respective decision the percentage of reduction per worker and the foreseeable duration of implementation of the measure.

The reduction of the PNT lasts one calendar month and can be extended until 31 December 2020.

Maximum limits for the reduction of the normal working period are also set.

During the reduction of the PNT, the employee is entitled to wages corresponding to the hours worked and the employer is entitled to financial support exclusively for the purpose of paying compensation to the workers covered by the reduction.

This decree-law establishes duties for the employer and the worker, in addition to the duties provided for in the individual employment contract, such as maintaining, demonstrably, the contributory and tax situation regularised before social security and the Tax Authority and attending professional training sessions, respectively.

The Standing Committee for Social Dialogue is in charge of evaluating and supervising the measures provided for in this decree-law.

What advantages does it bring?

This decree-law aims to protect employment and workers' remuneration at 100% and to ensure stabilisation in the economic and social spheres.

When does it enter into force?

This decree-law entered into force on 31 July 2020 and takes effects from 1 August 2020 until 31 December 2020.

Original Version

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.