COVID-19 | RCM 10-A/2020, setting measures related to the epidemiological situation of the new Coronavirus
Legal Alert no. 117 - Resolution of the Council of Ministers no. 10-A/2020, laying down a set of measures related to the epidemiological situation of the new Coronavirus - COVID 19
Considering the proliferation of COVID-19 cases in Portugal, several measures have been adopted by the Council of Ministers to provide for the reduction of the risk of disease transmission, but also for the reduction and mitigation of the economic impacts arising from the epidemic outbreak.
Among these measures, we highlight the following, with a view to maintaining employment contracts in a company in a business crisis situation:
1. Promotion of extraordinary support for the maintenance of employment contracts in a company in a business crisis situation, with the right to compensatory compensation similar to a simplified lay-off regime, in the event of suspension of the activity related to the outbreak of COVID-19 and if there is an interruption in global supply chains or an abrupt and sharp drop in 40% of sales, with reference to the same period of three months.
This support shall meet the following requirements:
a) After hearing the union delegates and workers' commissions, when they exist, they must be preceded by a communication to the workers and accompanied by a declaration by the employer and a statement by the certified accountant;
b) Workers who are part of the scheme receive, at least, a gross monthly remuneration of two thirds, up to a maximum limit of three minimum guaranteed monthly remunerations, for a period of one month, which can be extended monthly after evaluation, up to a maximum limit of six months;
c) The Social Security ensures the payment corresponding to 70% of the remuneration of the amount referred to in the previous subparagraph and the remaining amount is borne by the employer;
d) Within the scope of the support, a training grant is implemented, in the amount of 30% x Social Aid Index, half of which is allocated to the worker and half of which is allocated to the employer, with the cost being borne by the Institute of Employment and Professional Training (IEFP).
2. Extraordinary aid for vocational training, in the amount of 50% of the employee's remuneration up to the limit of the guaranteed minimum monthly remuneration (RMMG), plus the cost of training, for the situations of workers not employed in productive activities for considerable periods, when linked to companies whose activity has been seriously affected by COVID-19.
3. Extraordinary financial incentive to ensure the normalization phase of the activity and aiming to support companies that, having been closed by a health authority or that have been covered by extraordinary support for the maintenance of employment contracts in a company in a situation of business crisis, no longer being constrained in their working capacity, they need support, in the first stage of normalization, in order to prevent the risk of unemployment and the maintenance of jobs, as follows:
a) Support the payment of wages in the activity normalization phase;
b) Expected duration of one month;
c) Maximum incentive limit totals, per worker, corresponding to the amount of an RMMG.
4. Measures to safeguard the social protection of trainees and trainers in the course of professional training actions promoted by IEFP, IP, or entities registered or financed by said entity, as well as beneficiaries engaged in active employment policies who are prevented from attending training actions or activities foreseen in the respective projects due to the closure of facilities by prophylactic isolation or infected by COVID-19.
5. The promotion of an exceptional and temporary regime of exemption from the payment of social security contributions by employers and self-employed workers who are employers, to be granted as follows:
a) Total exemption from the payment of contributions related to remuneration for the period in which the company is covered by the support system for the maintenance of employment contracts;
b) Total exemption from the payment of contributions referring to remuneration for the month in which IEFP support is granted, in the normalization phase of the activity, after closing by the health authority or at the end of the period of support for maintaining employment contracts.
6. Promotion of voluntary actions to ensure essential functions, which cannot be guaranteed by other way.
7. Adoption of measures to safeguard the social protection of trainees and trainers in the course of professional training actions promoted by other entities that develop training, namely in the area of disability, co-financed by Portugal 2020 in the field of Social Inclusion and Employment, as well as beneficiaries engaged in active employment policies who are prevented from attending training activities or activities provided for in the respective projects due to the closure of facilities due to prophylactic isolation or infected by COVID-19.
The Resolution of the Council of Ministers entered into force on March 13th, 2020.