After the Real Decreto Real Decreto 463/2020 declaring the State of Alarm, the free movement and mobility of people have been restricted to curb the spread of coronavirus infections. Therefore, the possibilities of breaking the mandatory isolation have been limited to a few exceptions stated in the Royal Decree itself. One of those exceptions is going to the workplace. Article 7 of the Royal Decree states that individuals can travel and move through public roads to go to their workplaces and perform their work duties. The security forces may ask us to justify the reason for being in public spaces. This raises the question of whether a safe-conduct or any type of permit is necessary to go to work and carry out our professional activities, provided that they have not been suspended and cannot be done remotely. The answer is no, it is not currently necessary to carry any justifying documentation (as of the date and time of writing this post, March 16). This has been confirmed at different levels, such as the Subdelegation of the Government in Lugo.
Update: In Madrid, starting from Tuesday, March 24, the authorities can request documentary justification that the worker must carry with them. It is important to stay updated on this matter in different regions.
Important Update as of March 29: On March 29, the Royal Decree-Law 10/2020was approved, which regulates a recoverable paid leave for employees who do not provide essential services, in order to reduce population mobility in the context of the fight against COVID-19. The objective of this Royal Decree is to limit population mobility as much as possible and curb the spread of the virus. Between March 30 and April 9 (both inclusive), only workers in essential activities can travel to fulfill their work duties . This Royal Decree was complemented by Order SND/307/2020 of March 30, which provides a model document consisting of a responsible declaration that workers must carry to facilitate necessary trips between their place of residence and their workplace. The document should be provided by the company to the worker who needs it, and the worker must carry it and present it to the security forces if requested. The document can be found in the text of the Order, but we also include it here as its content is short:
? Modelo de salvoconducto – declaración responsable
Modelo de declaración responsable a emitir para los trabajadores por cuenta ajena que no deban acogerse al permiso retribuido recuperable recogido en el Real Decreto-ley 10/2020
D/D.ª ________________________________, con DNI ___________________, actuando como representante de la empresa/empleador __________________________ (NIF:_____________).
Datos de contacto de la empresa/empleador:
– Domicilio: _______________________________________
– Teléfono: _______________________________________
– Correo electrónico: _______________________________
Declara responsablemente:
Que D/D.ª ___________________________ con DNI _____________________ es trabajador/a de esta empresa/empleador y reúne las condiciones para no acogerse al permiso retribuido recuperable establecido en el Real Decreto-ley 10/2020.
Para que conste a los efectos de facilitar los trayectos necesarios entre su lugar de residencia y su lugar de trabajo.
En ________________________, a ____de ____________de 2020.
FDO: ________________________
Recommendation: Prepare a certificate for the employee
Although initially it is not necessary to carry a permit to go to work, it is recommended for both the employee and to facilitate the work of the authorities that companies issue some form of justifying certificate (note that from March 30 to April 9 it is mandatory, as we explain in the update of the post). Various business federations have already recommended that companies issue a certificate of the need to travel for their workers so that they can properly identify themselves when requested by law enforcement officers. The certificate should include identifying information about the company, the employee, and their work schedule. It should be provided by the employer.
For example, the Federation of Companies in La Rioja has developed several generic templates that we link here (one for workers with a single workplace, another for workers with multiple workplaces, and a third for workers in technical assistance companies):
– Modelo genérico FER: https://sie.fer.es/recursos/richImg/doc/28363/Modelos-Certificado-Desplazamientos.docx
In Asturias, we have also seen how the Asturian Federation of Businessmen (FADE) and the grouping of Chambers of Commerce of Asturias have issued a specific certification model validated by the Government Delegation of that Autonomous Community. It is as follows:
– Modelo específico de Asturias: http://www.fade.es/prensa/AUTORIZACI%C3%93N_EMPRESA_DESPLAZAMIENTO_TRABAJADORES_15marzo2020_.pdf
Some official organizations have also started to create accreditation documents for their workers, such as the case of SERGAS, which provides accreditations for its staff's vehicles.
In future perspective: Possible permits for travel
The government needs to maintain control over vehicle and citizen movement to verify that trips are being made within the permitted circumstances according to the Royal Decree. Therefore, it is plausible that in the future, the application of this provision will be enforced more rigorously as the necessary adjustments are made and specified. An example of this trend is the Asturian model mentioned in the previous paragraph.
If we look at countries that have already implemented stricter measures, such as Italy, they have introduced a system of permits and documentary certifications . Italy requires citizens to document their routes in writing. People leave their homes with personal certificates of commitment to public health protection measures. The Italian government has published a document that citizens can download online to fill out and print each time they leave their homes. In the document, for which each person is responsible, they must explain where they are going and why. Law enforcement officers can request this document at any time, and through appropriate means, they can verify the veracity of the declaration. Here is the document:
– Certificado italiano: https://media2-col.corriereobjects.it/pdf/2020/interni/indicazioni-coronavirus.pdf
In Spain, it is likely that the requirement for documentation will increase if the measures restricting freedom of movement are extended. Therefore, it is important to stay attentive to possible changes and updates.
Finally, we want to emphasize that the activity should not be prohibited by the Royal Decree, it should not be possible to perform it remotely, and all trips should be made in accordance with the instructions given by the authorities.
