After that state of alert was declared throughout Portugal, all organizations have a duty and obligation to adapt their activities to the risks associated with the COVID-19 pandemic.
1. In terms of Health and Safety, it is the employer's obligation to institute and enforce a Contingency Plan that establishes clear procedures for the eventual consequences of COVID-19. You can consult our article and the National Health Centre’s (DGS) Recommendations on this matter at the following link:
The contingency plan must be disclosed to workers and must be adapted, in consultation with the health and safety services implemented in the company, to workers who are in risk groups. It is advisable to restrict personal contact that is not essential or indispensable in the context of professional activity, especially if in contact with people who are at risk. If possible, working from home can be implemented, allowing for social isolation.
The first DGS indications have been updated and you can confirm these updates here:
https://www.tpalaw.pt/destaques/noticias/Medidas-de-Contingencia-para-o-surto-de-COVID-19/202/
2. Considering the rapid contagion evolution of the COVID-19 virus, the Government has instituted Extraordinary Measures, including some measures with an impact in the workplace. You can consult our article and the Government's Measures in this matter at the following link:
https://www.tpalaw.pt/destaques/noticias/Medidas-Extraordinarias-de-Contencao-do-Covid-19/203/
3. In terms of Mobility Restrictions, there are currently travel limits, in the following terms:
4. With regard to Contractual Obligations, companies must confirm that the contracts they have signed contain “force majeure” clauses, safeguarding non-compliance during periods when, for periods of force majeure, they are unable to fulfill their contractual obligations.
In another perspective and to ensure the continuity of the activity, any contracts may be signed remotely, through the application of the Citizen Card:
https://www.autenticacao.gov.pt/cc-assinatura
5. In terms of Tax Obligations, an extension of the deadlines for voluntary compliance with tax obligations was approved, which can be consulted here:
6. With regard to Workplace Accident Insurance, contagion by COVID-19 will not be classified as an occupational accident but may, in certain circumstances, be considered as an occupational disease, and should be treated in that context.
If the worker is working from home, the insurer must be duly informed of this circumstance.
7. Regarding the Processing of Personal Data in the context of the crisis created by COVID-19, in which companies may have to process health data for their workers, family and friends, it should be verified whether this treatment will be legal and justified in the face of public health reasons. Naturally, the remaining principles applicable to data processing continue to apply, namely, the principle of transparency, data minimization and conservation limitation.
8. With regard to Civic Duties, we remind you that citizens are obliged to take all necessary precautions to prevent the spread of the disease and must comply with all instructions they receive in this regard.
The law provides that the breach of orders and instructions legitimately issued and regularly communicated by the competent authority and agent constitutes a crime of simple disobedience, if so provided by law or if that authority or agent so determines. The crime of simple disobedience is punishable by imprisonment of up to 1 year or a fine of up to 120 days, under the terms of article 348, paragraph 1, of the Criminal Code (hereinafter, CP).
On the other hand, it is prohibited for anyone to endanger the life or physical wellbeing of others by spreading a contagious disease. Anyone who propagates a contagious disease and thereby endangers the life or physical integrity of another person is punished with a prison sentence of 1 to 8 years or, in case of negligence, with a penalty of imprisonment up to 5 years, pursuant to article 283, paragraph 1, point a), and paragraph 2 of the CP. In this respect, the crime in question can lead to the situation in which an infected person, who is aware of this fact, intentionally infects another person or who, at least, foresees the possibility of contagion occurring, thereby endangering the life or physical integrity of the other person, which will therefore also occur in strict violation of instructions on preventing the spread of contagious disease
Companies, as legal persons, may also be criminally responsible for the crime of spreading contagious disease.
9. Regarding Judicial Hearings, the Superior Council of the Judiciary decided that, at the moment, the courts of first instance will only be available to carry out hearings if they involve fundamental rights, as well as the possibility of the Judges performing their activities remotely when it is possible to do so.
As for the other intervening parties in the process, only persons who have been summoned for the hearing must appear in court, which must be essential, and only if the reason is urgent and cannot be dealt with by telephone or by email. As a result, all non-urgent hearings will be postponed.
Citizens who have been in areas at risk of contagion in the weeks leading up to the hearing must first notify the court by telephone or email.
In addition, the Superior Council of the Judiciary decided that the envisaged measures are in force until March 26, 2020.
10. With regard to the Criminal Record Services, citizens must refrain from obtaining the criminal record certificate in person, which they can online on the website https://registocriminal.justica.gov.pt.
As for foreign citizens wishing to obtain or renew their residence permit, they may authorize the Foreigners and Borders Service to access their criminal registry records, in order to avoid travel to the courts for this purpose, as well as to the other services.
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