Decree-Law no. 20/2020 of May 1
In the context of the international public health emergency caused by the disease COVID-19, the Government approved Decree-Law no. 10-A / 2020 , of 13 March, in which exceptional measures were established regarding that epidemiological situation.
After this period, in view of the continued emergence of cases of contagion in Portugal and the unpredictability as to the final moment of the pandemic, the application of extraordinary measures to guarantee a capable response to the disease COVID-19, which, despite the relief of the measures adopted in the meantime, seek to mitigate the risk of a retrogression in the containment of the virus transmission and the expansion of the disease COVID-19 than the measures adopted, among others, by Decree-Law no. 10-A / 2020 , March 13, allowed.
In the period of time since the adoption of these exceptional measures, a state of emergency in Portugal was also decreed – and renewed twice – which led to the approval of three Government decrees with a view to its regulation.
Mindful of the fact that the last Decree of the President of the Republic that decrees the state of emergency ceases to have its effects at 11:59 pm on May 2, Decree No. 2-C / 2020 , of April 17, which regulated this state of emergency will also cease to apply.
Notwithstanding the end of its validity, in Decree no. 2-C / 2020 , of 17 April, there were several rules whose applicability – provided that with respect for the rights, freedoms and guarantees enshrined in the Constitution of the Portuguese Republic – becomes essential maintain, although now in the form of a decree-law, insofar as such rules are fundamental to mitigate the risk of a setback in the success of the measures adopted since March 13, 2020.
It is also the Government’s intention to start the process – albeit slow and gradual – of lifting the containment measures. In this context, it is therefore important to ensure that the gradual way in which the return to possible normality must operate is reflected from the legislative point of view. For this purpose, by way of example, rules must be implemented to ensure the gradual resumption of the functioning of public services or the way in which expired documents must be met, which could not, however, be renewed in the face of the context experienced, as well as must be ensured that the competent authorities continue to be in a position to ensure scrupulous respect for workers’ rights.
In this way, the object of the present decree-law is constituted, on the one hand, by the norms that were contained in the Government decrees that regulated the state of emergency – and whose admissibility in this seat seems possible – and, on the other, by the norms that appear to be important to ensure the restoration – albeit gradual and slow – of possible normality.
Like this:
Under the terms of paragraph a) of paragraph 1 of article 198 of the Constitution, the Government decrees the following:
Article 1
Object
This decree-law proceeds to the seventh amendment to Decree-Law no. 10-A / 2020 , of 13 March, ratified by Law no. 1-A / 2020 , of 19 March, and amended by Decree-Laws 10-E / 2020 , of 24 March, and 12-A / 2020 , of 6 April, by Laws 4-A / 2020 , of 6 April, and 5/2020 , of 10 April, and by Decree-Laws No. 14-F / 2020 , of April 13, and 18/2020 , of April 23, which establishes exceptional and temporary measures regarding the epidemiological situation of the new Coronavirus – COVID-19.
Article 2
Amendment to Decree-Law no. 10-A / 2020 , of 13 March
Articles 10, 12, 16 and 17 of Decree-Law no. 10-A / 2020 , of 13 March, in their current wording, are replaced by the following:
“Article 10
[…]
1 – […].
2 – […].
3 – […].
4 – Essential services, for the purposes of paragraph 1, are those defined in an ordinance of the Government member responsible for the Presidency of the Council of Ministers.
Article 12
[…]
1 – […].
2 – The allocation of spaces accessible to the public from other catering or beverage establishments and commercial or service establishments must comply with the occupation rules that may be defined by order of the Government member responsible for the economy.
3 – […].
Article 16
[…]
1 – […].
2 – The citizen’s card, certificates and certificates issued by the registration and civil identification services, driving license, documents and visas related to the stay in national territory, as well as the licenses and authorizations whose validity expires from the date of entry into force of this decree-law or in the immediately preceding 15 days are accepted, under the same terms, until June 30, 2020.
3 – The documents referred to in the preceding paragraphs continue to be accepted in the same terms after June 30, 2020, provided that their holder proves that he has already scheduled the respective renewal.
Article 17
[…]
1 – [Repealed.]
2 – [Repealed.]
3 – The fuel management work defined in paragraphs 2, 10 and 13 of article 15 of Decree-Law no. 124/2006 , of 28 June, in its current wording, must run until 31 May. »
Article 3
Amendment to Decree-Law no. 10-A / 2020 , of 13 March
They are added to Decree Law No. 10-A / 2020 of 13 March, in its current wording, the articles 13a to 13c, 15a, 25a to 25-C, 34-A and 34-B and 35-A to 35-I, with the following wording:
“Article 13a
Transportation
1 – Public or private entities responsible for collective passenger transport must ensure, cumulatively:

1. a) Maximum capacity of 2/3 of its capacity for land, river and sea transport;
2. b) The adequacy of the maximum number of passengers transported in air transport, imposing a limit value in accordance with the recommendations on maximum capacity, to be defined in an ordinance of the Government member responsible for the area of ​​air transport;
3. c) Daily cleaning, weekly disinfection and monthly cleaning of vehicles, installations and equipment used by passengers and other users, in accordance with the recommendations of health authorities.

2 – In taxi transportation and in the individual and remunerated transport of passengers in vehicles not featured on an electronic platform, the front seats must be used only by the driver, and the maximum occupancy of the vehicles by the passengers cannot exceed the recommendations on maximum capacity, define in an ordinance of the members of the Government responsible for the areas of transport and the environment, and the renovation of the interior air of the vehicles and the cleaning of the surfaces must also be taken care of.
3 – Without prejudice to the provisions of the preceding paragraphs, other additional measures may be adopted that are appropriate and necessary in order to preserve public health, namely the non-availability of the sale of tickets on board, the installation of physical separations between drivers and passengers and the availability of disinfectant skin gel or solution.
Article 13b
Use of masks and visors
1 – The use of masks or visors is mandatory for access to or permanence in spaces and commercial establishments and the provision of services, services and buildings serving the public and teaching establishments and day-care centres by teaching and non-teaching staff and students older than six years.
2 – The obligation referred to in the previous number is waived when, depending on the nature of the activities, its use is impracticable.
3 – The use of masks or visors is mandatory when using public passenger transport.
4 – For the purposes of the preceding paragraph, the use of collective passenger transport starts under the terms of paragraph 2 of article 2 of Law no. 28/2006 , of 4 July, in its current wording.
5 – It is incumbent upon the persons or entities, public or private that are responsible for the respective spaces or establishments, services and public buildings or means of transport, to promote compliance with the provisions of this article.
6 – Without prejudice to the following paragraph, in the event of non-compliance, the persons or entities referred to in the preceding paragraph must inform users not wearing a mask that they cannot access, remain or use the spaces, establishments or collective passenger transport and inform the authorities and security forces accordingly if users insist on not complying with that requirement.
7 – Failure to comply with the provisions of paragraph 3 constitutes an offense, punishable by a fine of a minimum amount corresponding to (euro) 120 and a maximum amount of (euro) 350.
Article 13c
Body temperature control
1 – In the current context of the disease COVID-19, and exclusively for reasons of protecting the health of oneself and third parties, measurements of body temperature can be performed on workers for the purpose of access and stay at the workplace.
2 – The provisions of the preceding paragraph do not prejudice the right to individual data protection, the registration of body temperature associated with the person’s identity being expressly prohibited, except with the person’s express authorization.
3 – If there are temperature measurements above normal body temperature, that person’s access to the workplace may be prevented.
Article 15-A
Signature collection of judges participating in collective court
The signature of the other judges who, in addition to the rapporteur, have intervened in a collective court, pursuant to paragraph 1 of article 153 of the Code of Civil Procedure, approved by Law no. 41/2013 , of 26 June, in its current wording, can be replaced by a written declaration by the rapporteur attesting the vote of conformity of the judges who have not signed.
Article 25-A
Exceptional protection regime for immunocompromised and chronically ill patients
1 – Immunosuppressed individuals and patients with chronic disease who, according to the guidelines of the health authority, should be considered at risk, namely hypertensive, diabetic, cardiovascular patients, patients with chronic respiratory disease, cancer patients and renal failure patients can justify their absence from work by means of a medical declaration, provided they cannot perform their activity on a telecommuting basis or through other forms of activity.
2 – The medical declaration referred to in the previous number must attest to the health condition of the worker that justifies his special protection.
3 – The regime provided for in this article is not applicable to workers of the essential services provided for in article 10.
Article 25b
Exceptional regime of social support activities
1 – During the calamity situation, social equipment that is able to come into operation and equipped with the necessary equipment may be used, under the terms of article 11 and following of Decree-Law no. 64/2007 , of 14 March, in its current wording.
2 – The Social Security Institute, IP is responsible for:

1. a) Set the number of vacancies in these establishments in accordance with the guidelines issued by the Directorate-General for Health or in conjunction with it;
2. b) Carry out the management of the occupation of these vacancies, privileging the reception of people with hospital discharge and other needs detected in the community.

3 – This provisional operating authorization ends on September 30, 2020, after which the operating authorization procedure must be resumed and concluded, safeguarding, in legal terms and whenever possible, the continuity of the activity already started.
4 – During the calamity situation, there may be a transient change in the use of the building space, in relation to the currently established, either in the social facilities referred to in paragraph 1, or in those that are in operation, licensed and / or with agreement cooperation.
5 – In compliance with the rules and guidelines of the Directorate-General for Health, and for the purposes of the measures provided for in this article, the capacity of each establishment may also be redefined.
Article 25c
Maintenance of employment contract in a business crisis situation
1 – Companies with establishments whose activities have been subject to lifting a restriction of closure after the end of the state of emergency or a restriction imposed by legislative or administrative determination, pursuant to Decree-Law no. 10-A / 2020 , of March 13, in its current wording, or under the Basic Law for Civil Protection, approved by Law No. 27/2006 , of July 3, in its current wording, as well as the Basic Health Law, approved by Law no. 95/2019 , of 4 September, from that moment on, they continue to be able to access the simplified lay-off mechanism, provided for in Decree-Law no. 10-G / 2020 , of 26 March , in its current wording, provided they resume their activity within eight days.
2 – The extraordinary financial incentive to support the normalization of the company’s activity provided for in paragraph 1 of article 10 of Decree-Law no. 10-G / 2020 , of 26 March, in its current wording, is regulated by order of the Government member responsible for the area of ​​work, namely with regard to the procedures, conditions and terms of access.
3 – For the purposes of non-compliance and restitution of extraordinary support for the maintenance of employment contracts in companies in a situation of business crisis, provided for in article 5 of Decree-Law no. 10-G / 2020 , of 26 March, in current wording, paragraph e) of no. 1 of article 303 of the Labour Code, approved in annex to Law no. 7/2009 , of 12 February, in its current wording, in the regarding contract renewals.
Article 34-A
Reinforcement of the Authority’s means and powers for Working Conditions
During the validity of this decree-law and to allow the reinforcement of an emergency in human resources in order to ensure the capacity of the Authority to respond to Working Conditions:

1. a) The agreement of the original agency or service, provided for in article 94 of the General Labour Law in Public Functions, approved in annex to Law no. 35/2014, of 20 June, in its current wording, is waived, and as well as the provisions of subparagraph a) of paragraph 2 of Order no. 3614-D / 2020, published in the Diário da República, 2nd series, no. 58, of 23 March, regarding lawsuits mobility of inspectors and senior technicians to the Authority for Labour Conditions, initiated before or after the entry into force of this Decree-Law;
2. b) By order of the Prime Minister and the Government member responsible for the area of ​​work, solidarity and social security, inspectors and senior technicians from the inspection services provided for in article 3 of Decree-Law no. 276 / 2007, of July 31, for temporary reinforcement of the Authority for Working Conditions, for this purpose the agreement of the top managers of the services mentioned in the previous paragraph and of the respective worker, who should preferably exercise their activity in the area, is waived. provided for in paragraph 1 of article 95 of the General Labour Law in Public Functions, approved in annex to Law no. 35/2014, of June 20, in its current wording, and remains subject to the legal and disciplinary regime that arises from its employment relationship;
3. c) The Authority for Working Conditions is authorized to contract the acquisition of external services that assist the performance of its activity, under the provisions of the exceptional public procurement regime provided for in article 2.

Article 34-B
Risk assessment in the workplace
For the purposes of Law No. 102/2009 , of September 10, in its current wording, companies prepare a contingency plan appropriate to the workplace and in accordance with the guidelines of the Directorate-General for Health and the Authority for Working Conditions.
Article 35-A
Funerary activity
Companies that carry out funeral activity under the terms of Decree-Law No. 10/2015 , of January 16, in its current wording, must maintain their activity and perform the funeral services of the dead diagnosed with COVID-19.
Article 35-B
Waste Management
1 – The waste management fee, in urban waste management systems, may be levied on the amount of waste destined for disposal and recovery operations in the same period of 2019, pursuant to the provisions of article 58 of Decree-Law 178/2006 , of September 5, in its current wording.
2 – The waste management fee applicable to entities responsible for specific waste management systems, individual or integrated, may be determined in accordance with the provisions of paragraph 10 of article 58 of Decree-Law no. 178/2006 , of September 5, in its current wording, based on the tons of waste determined in the same period of 2019.
3 – The additional and non-transferable waste management fee, provided for in paragraph 11 of article 58 of Decree-Law no. 178/2006 , of 5 September, in its current wording, is levied on the performance of the urban waste management system outside the state of emergency.
4 – The calculation formulas and basic elements for calculating the waste management fee, provided for in the preceding paragraphs, for the period in which the calamity situation occurs, are defined by order of the Government member responsible for the area of ​​the environment.
5 – During the period in which the calamity situation occurs, waste that has not been treated will be deposited in landfill.
6 – The prior opinion of the Regulatory Entity for Water and Waste Services and the Competition Authority is waived, within the scope of authorization procedures for the exercise of complementary activities related to the sharing of treatment infrastructures, for public health reasons, between urban waste management.
7 – The operations to increase the storage capacity of urban and hospital waste management operators are exempt from licensing under Decree-Law no. 178/2006 , of 5 September, in their current wording.
8 – For the purposes of the previous number, safety and health conditions must be guaranteed.
9 – The extension of the opening hours of the waste management operators is authorized by dispatch from the member of the Government responsible for the area of ​​the environment.
10 – The transport of waste not accompanied by electronic waste tracking guides can be done with authorization from the Portuguese Environment Agency, IP (APA, IP), when the establishment producing waste is not registered in the Integrated Licensing System of the Environment, in situations of manifest public interest.
11 – The establishments referred to in the previous number are not subject to registration and data registration in the Integrated Electronic Waste Registration System.
12 – The establishments producing waste referred to in paragraph 10 must transmit the quantities transported and the respective destinations to the establishment of the organization to which they belong, whether hospital, the associated regional health administration or the respective municipality, which must report to APA , IP, under the terms of paragraph b) of no. 1 of article 48 of Decree-Law no. 178/2006 , of 5 September, in its current wording.
Article 35-C
Suspension and extension of deadlines for fuel management works
1 – Until June 30, 2020, municipalities guarantee that all fuel management works are carried out in accordance with the law, and must replace the owners and other forest producers in default.
2 – When the term of the authorization for cutting or grubbing up cork oaks and holm oaks, in settlements or isolates, hunter cards and hunting zones has expired in the period of the declaration of the state of emergency, this period is extended until September 30, 2020.
3 – When the term for authorizations for cutting or grubbing up cork oaks and holm oaks, in stands or isolates, hunter cards and hunting zones has expired during the period of declaration of the state of emergency, this period is extended until September 30, 2020.
4 – When the deadlines foreseen in the process of constituting the forest intervention zones have expired in the period of the declaration of the state of emergency, these deadlines are extended until September 30, 2020.
Article 35-D
Suspension of deadlines for municipal plans
1 – Up to 180 days after the cessation of the state of emergency is suspended:

1. a) The deadlines provided for in paragraph 1 of article 78 of Law no. 31/2014, of 30 May, in its current wording;
2. b) The deadlines provided for in paragraph 2 of article 199 of Decree-Law no. 80/2015, of 14 May;
3. c) The deadlines foreseen in the ordinances that approve the Regional Forest Management Programs for updating the pre-existing territorial plans.

2 – The deadline for approval or updating of the Municipal Forest Defence Plans, provided for in paragraph 7 of article 203 of Law No. 2/2020 , of March 31, is extended until May 31, 2020.
3 – Up to 90 days after the cessation of the state of emergency, the binding opinions of the Forest Defence Commission, provided for in article 16 of Decree-Law No. 124/2006 , of 28 June, in its current wording, are replaced by the opinion of the Institute for Nature and Forest Conservation, IP
4 – In the absence of the Municipal Operational Plan for the Defence of the Forest approved for the year 2020, the plan approved in 2019 remains in force, and it must be updated by resolution of the city council until May 31, 2020 and communicated to the members that are part of the Municipal Forest Defence Commission.
Article 35-E
Volunteers of the Portuguese Red Cross
The exceptional service waiver regime provided for in articles 26-A and 26-B of Decree-Law no. 241/2007 , of 21 June, in its current wording, with the necessary adaptations, is applicable to volunteers from the Portuguese Red Cross who are proven to be called on to provide relief or transportation in the context of the epidemic situation of COVID-19.
Article 35-F
Provision of effective service by military personnel in the reserve
Until December 31, 2020, it is authorized to provide effective service by military personnel in the reserve situation, provided for in Article 156 of the Armed Forces’ Military Staff Statute, approved by Decree-Law No. 90/2015 , of May 29, in its current wording, in addition to the maximum amount set out in annexes III and IV to Decree-Law no. 4/2020 , of February 13, which sets the Armed Forces personnel for 2020.
Article 35-G
Extension of the maximum term of effective service under a contract
The maximum duration limit for effective service under a contract established in paragraph 1 of article 28 of the Military Service Law, approved by Law no. 174/99 , of 21 September, in its current wording, and paragraph 3 of article 45 of the Regulation of the Military Service Law, approved by Decree-Law no. 289/2000 , of 14 November, in its current wording, may be extended, by agreement between the military and the branch, until December 31, 2020.
Article 35h
Public services
1 – In the scope of the survey of measures to mitigate the pandemic of the disease COVID-19, the member of the Government responsible for the Public Administration area, with the power of delegation, may, by order, determine the definition of guidelines:

1. a) On teleworking, namely on the situations that impose the presence of Public Administration workers in their workplaces, as well as on the compatibility of functions with teleworking;
2. b) Relating to the constitution and maintenance of situations of mobility;
3. c) On the cases in which Public Administration workers may be required to exercise functions in a different place than usual, in a different entity or under different working conditions and hours;
4. d) Relating to the articulation with the municipalities with regard to the local public services, in particular the Citizen Spaces, and the regime for providing work in the local administration.

2 – The provisions of the preceding paragraph, depending on sector specificities, may be determined by order of the members of the Government responsible for the sector area and the Public Administration area, except for matters relating to the external peripheral services of the Ministry of Foreign Affairs, which must be adapted by order of the member of the Government responsible for the area of ​​foreign affairs.
3 – As an exception and whenever other working hours are not possible, concentrated hours may be adopted in public services, as provided for in article 209 of the Labour Code, approved as an annex to Law no. 7/2009 , of February 12, in its current wording, the Government member responsible for the Public Administration area being responsible for defining the respective terms of application.
4 – The members of the Government responsible for the areas of Public Administration and health define, with the power of delegation, guidelines related to the organization and functioning of physical spaces for service and work in Public Administration, namely with regard to the use of protective equipment. of individual workers, as well as the cleaning and reorganization of physical spaces to safeguard safety distances in the workplace.
5 – The members of the Government responsible for the areas of Public Administration and labour, solidarity and social security, with the power of delegation, define the guidelines that prove necessary in the context of the frequency of distance training actions.
Article 35i
Suspension of obligations relating to the complaints book in physical format
During the period in which the epidemiological status resulting from the disease COVID-19 is in force, the following obligations arising from Decree-Law No. 156/2005 , of 15 September, in their current wording, are suspended:

1. a) The obligation to provide immediately and free of charge to the consumer or user the complaints book referred to in paragraph b) of paragraph 1 of article 3 of that decree-law;
2. b) The obligation to comply with the deadline for sending the original complaint sheets referred to in paragraph e) of paragraph 1 of article 3 of that decree-law. »

Article 4
Legal references
All legal and regulatory references to Decree No. 2-C / 2020 , of April 17, are considered to have been made to the corresponding provisions in Decree-Law No. 10-A / 2020 , of March 13, in your current wording.
Article 5
Repealing rule
Paragraphs 1 and 2 of article 17 and article 32-B of Decree-Law no. 10-A / 2020 , of 13 March, in their current wording, are hereby revoked.
Article 6
Taking effect
This Decree-Law takes effect on May 3, 2020, except with regard to the provisions of Article 15-A of Decree-Law No. 10-A / 2020 , of March 13, as amended by this decree-law, which takes effect on March 13, 2020.
Article 7
Implementation
This decree-law comes into force on the day following its publication.
Seen and approved by the Council of Ministers on April 30, 2020. – António Luís Santos da Costa – Pedro Gramaxo de Carvalho Siza Vieira – Augusto Ernesto Santos Silva – Mariana Guimarães Vieira da Silva – Mário José Gomes de Freitas Centeno – João Titterington Gomes Cravinho – Eduardo Arménio do Nascimento Cabrita – Francisca Eugénia da Silva Dias Van Dunem – Alexandra Ludomila Ribeiro Fernandes Leitão – Ana Manuel Jerónimo Lopes Correia Mendes Godinho – Marta Alexandra Fartura Braga Feared by Almeida Simões – João Pedro Soeiro de Matos Fernandes – Pedro Nuno de Oliveira Santos .
Enacted on May 1, 2020.
Publish yourself.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on May 1, 2020.
The Prime Minister, António Luís Santos da Costa.