COVID-19: Spain – Masks no longer mandatory in most places of work

Update 25 April 2022

A Royal Decree 286/2022 (BOE) came into force on 20 April 2022 and has modified the mandatory use of masks during the Covid-19 pandemic, due to the favourable evolution of the severity of the disease between the latest vaccination periods, as well as a decrease in hospitalisation rates, the number of admissions to the UCI, transmission and lethality of the disease, as well as the pressure on the healthcare system.

A summary of the most significant measures:

1. Recommendations regarding the use of the mask:

• For all people with greater vulnerability to COVID-19, the use of the mask is recommended in prolonged situations of contact with people at a distance of less than 1.5 meters.

• A responsible use of the mask in closed spaces for public use in which people transit and remain for a prolonged period of time, in crowded events, as well as in the family environment and in meetings or private celebrations in relation to people’s vulnerability.

2. In the work environment, the use of masks will not be mandatory:

• The possibility is provided for those responsible for Occupational Risk Prevention to determine the appropriate preventive measures to be implemented in the workplace as well as in workspaces, including the possible use of masks.

3. The mandatory use of mask will be required only in the following situations and spaces:

• In health centres, services and establishments: For workers, visitors, as well as patients and with the exception of those people admitted when they are in their room.

• In social health centres, and in particular, in nursing homes: For workers and visitors when they are in shared areas.

• In air, rail or cable transport and in buses, as well as in public passenger transport. As well as in the closed spaces of ships and boats, as long as the distance of 1.5 meters cannot be maintained. Exception to this rule: in cabins, when they are shared by groups of cohabitants.

4. This obligation will not apply in the following cases:

• In those people who present some type of illness, disability or respiratory difficulty, which may be aggravated by the use of the mask, those who, due to their situation of disability or dependency, do not have the autonomy to remove the mask or for those who other people who present behavioural disturbances that make its use unfeasible.

• In those activities which nature is incompatible with the use of the mask.

Update 11 October 2021

Redundancies: The ban on redundancies for Covid-19 grounds has recently been extended until 28 February 2022.

Remote working agreements: A recent law has passed that regulates remote working, which is voluntary for the worker and the employer but requires the signing of a remote working agreement. The law considers remote working to exist when, in a reference period of three months, at least 30% of the working time is worked remotely. The minimum mandatory content of the remote work agreement shall cover:

• Inventory of the means, equipment and tools required to carry out the agreed remote work.
• A list of the expenses that the employee may incur as a result of providing remote services.
• Working hours.
• Percentage and distribution between face-to-face and remote work, if applicable.

Failing to have a signed agreement with the employee could result in a fine between €751 and €7,500.

Update 18 August 2021

• The autonomous communities that are facing with the fifth wave of contagions are toughening their measures against the coronavirus. Catalonia, Valencia, Cantabria, Navarre and Andalusia have implemented again night-time curfews and nightlife is limited throughout the country.

• No additional news at this time regarding remote working. Whilst the Royal Decree extended remote working for three months after the expiration of the state of alarm (09 August 2021), most employees who are still working remotely are expected to return to the office in September, where all the H&S measures that need to be respected and guaranteed can be found in the manuals produced by the Ministry of Health in Spain.

• With regard to vaccinations and the obligation to show relevant “green pass” type documentation in order to enter certain enclosed spaces, it is interesting to note that The High Court of Justice of Galicia has rejected (in less than 24 hours) the Xunta's request, sent last week, regarding judicial authorisation for certain establishments to be obliged to ask customers for the so-called Covid passport. Galicia was asking for a vaccination certificate or proof of a recent negative test or having overcome the disease in order to gain access to the interior of hotel and catering and nightlife. The High Court of Justice has declared the measure null and void by reference to procedural irregularities by the Galician authorities in seeking to implement the measures.

Update 11 May 2021

Ending the state of emergency - what this means for Spain:

Furlough

The end of the state of emergency will not automatically mean the end of furlough in Spain. The Spanish government has made a proposal to trade unions and employers' organisations of a four-month extension to furlough.

The furlough arrangement is currently in place until 31 May, so the proposal is to extend until 30 September 2021.

Remote working

• As a consequence of the COVID-19 health containment measures, there is a modality of exceptional remote working that derives from the regime established in Article 5 of RD 8/2020 which will be maintained as long as such health containment measures remain in place.

• The validity of remote working due to Covid-19 regulated in article 5 RD 8/2020 was extended by the provisions in article 15 of RD 15/2020 from 21 April, establishing that it will remain in force for two months after the expiry of its term.

• This means the Article establishing remote working will remain in force until 3 months following the end of the state of emergency, ie 9 May 2021.

• Therefore, the COVID-19 telework of Article 5 of RD 8/2020 will lose its validity on 9 August 2021.

Furthermore, the state of emergency does not mean an end to other restrictions or limitations.  In this regard we must remain attentive to the health containment measures enacted by the autonomous communities and consider their impact on remote working.

Conclusion:

• The furlough arrangement will not end with the end of the state of alarm, as this is not legally covered or attached to the "state of alarm" law. Furlough is tentatively scheduled to last until 31 May, however, the government plans to extend until 30 September 2021. 

• We understood that non-covid teleworking is expected to continue until at least 9 August. It is expected that companies will gradually start to ask their employees to come to the office from September onwards.  However, even if Covid-19 remote working ends, it will always be possible to continue remote working on a voluntary basis subject to the requirements of RD 28/2020 on remote working (with a need to formalise individual agreements etc).

See our coronavirus (COVID-19) feature for more information generally on the possible legal implications of COVID-19.