To combat the economic consequences of the COVID-19 pandemic, the government approved Decree-Law 10-J/2020 of March 26 (the “Decree-Law”). The Decree-Law established a set of economic measures to protect liquidity and treasury, and in this document, we focus on the financing moratorium ...
A. SHORT-TIME WORK 1. WHAT IS THE LEGAL POSITION? According to the "Act on the temporary crisis-related improvement of the regulations for short-time work compensation" ("Gesetz zur vorüberristeten krisenbedingten Verbesserung der Regelungen für das Kurzarbeitgeld") (see preliminary version of BT publication 19/17893), a company can order short-time work due to the worldwide cases of illness caused by the coronavirus and thus reduce working hours ...
Answers to important questions 1. WHAT INFORMATION OBLIGATIONS DOES THE EMPLOYER HAVE TO INFORM ITS WORKFORCE? As with other highly infectious diseases, employers have a duty to inform their staff about the coronavirus as part of their general duty of care and consideration (Sec. 241, 618 German Civil Code [BGB]). The extent of this duty to inform depends, among other things, on whether a member of staff is suspected of having caught the virus, whether or not this has been confirmed ...
A range of business support mechanisms have been introduced to face the crisis caused by the COVID-19 pandemic. Among them, the recent Law 75/2020 of 27 November has created a series of measures in the field of restructuring and insolvency procedures. The stand-out among these new procedures is the Extraordinary Business Viability Process (Processo Extraordinário de Viabilização de Empresas referred to here by it Portuguese initials, “PEVE”) ...
The rapid spread of the new Coronavirus (SARS-CoV-2) and the Covid-19 pandemic have led to a very significant increase in demand for medical devices (MDs) and personal protective equipment (PPE), and there was insufficient supply to meet existing needs during the state of emergency and the period that will immediately follow it ...
In the context of the Covid-19 legislative process, entities representing the social economy or what is often known as the third sector have already benefited from some consideration by the legislature. Certain legal arrangements have been drawn up to identify the needs and protect against the weaknesses of this charitable / socially supportive economic cluster ...
The international public health emergency caused by the Coronavirus (COVID-19) was declared a pandemic by the World Health Organization and the Portuguese authorities recently announced of a state of emergency across the country. Against this background, the authorities have been approving various packages of exceptional and temporary measures to respond to the spread of the virus ...
Order 3547-A/2020 of the Office of the Minister for the Environment and Climate Action was published on 22 March 2020 and it went into force at midnight the next day. This Order creates the rules that give effect to the declaration of a state of emergency in Portugal made by Decree of the President of the Republic 14-A/2020 of 18 March ...
Following the renewal of the state of emergency, Decree 3-A/2021 of14January of the Presidency of the Council of Ministers, determines the closure of various types of establishments. Inthiscontext, the employment support measures were amended by Decree-Law 6-C/2021 of 15 January and Decree-Law 6-E/2021 of15January, which we summarised below. 1 ...
After the publication in the Journal Officiel of the Law “emergency to deal with the Covid-19 epidemic”, the Government presented, Wednesday in the Council of Ministers, 25 ordinances and several decrees to deal with this health and economic crisis. These texts were published in the Official Gazette of 26 March 2020 and are therefore applicable. We present here the various measures adopted in Labour Law ...
The state of alert was declared by the Minister of Internal Administration and the Minister of Health on 13 March. With this declaration and the set of measures adopted, we need to look at the possible impact of these circumstances on ongoing tender procedures and on the performance of existing public contracts. 1 ...
On 11 March 2020, the World Health Organization declared the existence of a pandemic. The main focus is now to guarantee the safety of workers and employees. However, the potential repercussions for the activities of companies – in the short and medium term – are vast, complex and, in certain cases, they conflict with each other. PLMJ has created a multidisciplinary team dedicated to analysing the problems facing businesses ...
On 5 March, the CMVM published Regulation 2/2020 on the Prevention of Money Laundering and Terrorist Financing, to provide the regulations under Law 83/2017 of 18 August. The CMVM did this as the sector regulator responsible for supervising financial entities including investment companies, investment fund management companies, venturecapital companies, and securitisation companies ...
Analysis of the changes to the special legal rules onthe credit and financing moratorium. Through Decree-Law 26/2020 of 16 June (“DL 26/2020”), the Government has approved, a set of amendments to the special rules onthe moratorium on financing approved by Decree-Law 10-J/2020 of26March ...
INFARMED has published a set of exceptional measures – which will remain in force during the period of risk to public health – to be adopted by sponsors, clinical trial sites, and research teams, to guarantee the safety, protection and rights of clinical trial subjects.It has also defined INFARMED’s evaluation of trials intended to treat or prevent the new Coronavirus disease (SARS-CoV-2) as a priority ...
There is expected to be a natural slowdown in the completion of real estate transactions in the coming weeks/months. The more immediate effects of the current situation, and of the administrative measures that continue to be adopted to control the pandemic, are especially reflected in relationships that have already been established ...
The judgment of the United Kingdom Supreme Court On 1 May 2020, the Financial Conduct Authority (“FCA”), the body that oversees the insurance industry in the United Kingdom, announced that it wanted to obtain a ruling from the English courts on the meaning and effect of the sample of business interruption clauses that it selected from eight insurers in particular ...
Force majeure clauses in business-critical contracts are coming into sharp focus at the moment as coronavirus continues to sweep the globe and the extent of the impact on global supply chains is becoming increasingly apparent. Many businesses concerned about potential disruption as a result of the coronavirus outbreak are reviewing their key contractual arrangements to understand potential contractual implications ...
The international public health emergency due to the new Coronavirus (COVID-19) pandemic has led to the urgent and succession introduction of a range of legislative measures. These measures are an exceptional and temporary response to the pandemic in Portugal and they include the declaration of a state of emergency across the whole country that has already been extended twice ...
The coronavirus pandemic is already affecting contractors carrying out public projects and other contracts under the public procurement regime. With the dynamic development of the situation, there is arisk that negative consequences will go even further. The current situation affects not only the performance of contracts but also ongoing and future public procurement procedures ...
A state of emergency was declared in Portugal by Decree of the President of the Republic 14-A/2020 of 18 March and this was renewed by Decree of the President of the Republic 20-A/2020 of 17 April. Following this declaration, exceptional and temporary measures have been adopted in relation to the COVID-19 pandemic ...
