Labour measures of Spanish Royal Decree-Law 21/2020

Royal Decree Law 21/2020 of June 9th, on urgent prevention, containment and coordination measures to deal with the health crisis caused by COVID-19, which regulates many aspects of what has been called the new normality, was published yesterday, and comes into force today. Among the measures approved, we highlight those that have a higher employment content and impose obligation on the employer. Most of these measures were included in the health orders which regulate the stages of de-escalation plan, but unlike those, these measures are definitive and are here to stay, at least until the spread of COVID-19 is considered to be controlled or an effective treatment is found.

Thus, without prejudice of compliance with occupational risk prevention and other labour regulations, the employer must adopt the following measures:

• Adopt appropriate ventilation, cleaning and disinfection measures in accordance with the protocols established in each case

• Make available to employees, water and soap, or hydroalcoholic gels or disinfectants with virucidal activity, authorized and registered by the Ministry of Health for hand cleaning.

• Adapt working conditions, including the organisation of workplace and shifts in such a way to ensure that there is a minimum interpersonal distance of 1.5 metres between employees. If such distance cannot be guaranteed, EPISs appropriate to the level of risk should be provided.

• To avoid massive coincidence in the workplaces, both employees and clients and users.

• To adopt those measures that are necessary to proceed with the progressive reincorporation to the workplaces as well as the promotion of teleworking when the nature of the work activity allows it.

On the other hand, people who present symptoms, are in isolation or home quarantine due to COVID-19 should not go to their workplace.

Similarly, if any employee begins to have symptoms that are compatible with COVID-19 disease, they immediately must contact the telephone number provided in each Autonomous Community or corresponding health centre, and if necessary, the occupational risk prevention services. Likewise, the employees must immediately protect themselves by wearing a mask and follow the recommendation given by the health services until their medical situation is assessed by a health professional.

Finally, in all sectors of activity (hostelry and restaurants, hotels, public shows, commercial establishments, etc) it must be ensured that the necessary organisational measures are taken to avoid crowding by ensuring that employees and clients maintain the mandatory safety distance of 1.5 metres. If this is not possible, appropriate hygiene measures must be observed to prevent the risk of contagion.