COVID-19 | Exceptional and temporary change to the rules of sequentiality in the support to maintenance of employment posts and change
Decree-Law number 98/2020 of the 18th November was published, effective from 19th November, which proceeds to make an exceptional and temporary change to the rules of sequentiality in the support to the maintenance of employment posts, namely in respect to the extraordinary stimulus to the normalisation of business activity and to the extraordinary support to the progressive resumption of activity in businesses in a state of crisis.
In the terms of this law, that comes into effect on 19th November, the employer that up until 31st October 2020 had requested the extraordinary stimulus to the normalisation of activity may, exceptionally, until 31st December 2020, withdraw from this support and request extraordinary support to the progressive resumption of activity, without needing to return any amounts received in relation to this. At the same time, the law establishes that the employer that drew upon the application of measures of reduction or suspension covered in the Labour Code (known as “lay-off”) and that intends to gain access to the extraordinary support to the progressive resumption of activity, is not subject to the timeframe that limits the recourse to measures of reduction or suspension to which article 298-A of the Labour Code alludes, that is, they do not have to wait for the lapse of half of the period that “lay off” lasted for, something about which up until now there wasn’t a clear position in the legislation.
It’s highlighted that up until the present day, the employer that drew upon the extraordinary stimulus to the normalisation of business activity couldn’t, in the 60 days subsequent to the end of the extraordinary stimulus, make use of the extraordinary support to the progressive resumption of activity, having to always respect the timeframe established in article 298-A of the Labour Code.
Do you want to know more? Subscribe to our newsletter here.
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
Set by the GDPR Cookie Consent plugin to store the user consent for cookies in the category "Analytics".
Set by the GDPR Cookie Consent plugin to store the user consent for cookies in the category "Functional".
Set by the GDPR Cookie Consent plugin to store the user consent for cookies in the category "Necessary".
Set by the GDPR Cookie Consent plugin to store the user consent for cookies in the category "Advertising".
Records the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie.
This cookie is native to PHP applications. The cookie is used to store and identify the unique session ID of the user, in order to manage the session of the user on the website. This is a session cookie and is deleted when all browser windows are closed.
Set by the GDPR plugin to store if the cookie banner was presented to and seen by the user.
Cookie from the "WPML" plugin that stores the current language of the website.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
Set by Google to distinguish users.
Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.