CONFORMITY OF OPENING OF WETAXI MADRID ACCORDING TO ROYAL DECREE
AS A WORKSHOP
ROYAL DECREE 463/2020 OF MARCH 14 WITH RATIFICATION IN ROYAL DECREE LAW 10/2020 OF MARCH 29
After receiving a report from the State Attorney General regarding the possibility of opening vehicle repair workshops based on Royal Decree 463/2020 , of March 14, declaring the state of alarm for management of the health crisis situation caused by COVID-19, after the modification operated by Royal Decree 465/2020 , of March 17, it is concluded that vehicle repair workshops may remain open , although they will not be able to carry out activities restaurant or cafeteria (in case they had them), or retail goods that are not considered essential.
All this based on the following four legal arguments:
Auto repair shops are industrial establishments that carry out an industrial activity and provide services.
The state of alarm in which the country finds itself there are certain essential services that require the use of vehicles. Therefore, it is unquestionable that the repair shops that are responsible for the maintenance and repair of these vehicles must remain open.
In this state of alarm, it is essential to maintain the ground transportation service in order to guarantee the supply of products and essential goods.
Article 7 of Royal Decree 463/2020 admits individual travel by vehicle to carry out the activities listed therein, and Article 10, consistent with this, allows the opening of establishments that supply fuel to such vehicles, It is reasonable to understand that the repair shops of those same vehicles may remain open in order to make their circulation possible for those limited purposes established in article 7 of Royal Decree 463/2020 .
AS A DISINFECTION CENTER OF AN ESSENTIAL PUBLIC SERVICE
ROYAL DECREE 463/2020 OF MARCH 14 WITH RATIFICATION IN ROYAL DECREE LAW 10/2020 OF MARCH 29
a) To workers of companies engaged in activities that must continue to be carried out under articles 10.1, 10.4, 16 and 18 of Royal Decree 463/2020, of March 14, and the regulations approved by the Authority Competent and the Delegated Competent Authorities.
b) To the workers of the companies that participate in the supply chain of the market and the operation of the services of the production centers of basic necessities, including among other foods, drinks, hygiene products, sanitary products and pharmaceuticals, allowing their distribution from origin to establishments.
c) To the workers of the companies that must ensure the maintenance of the means of transport that continue to develop since the declaration of the state of alarm.
d) To the Armed Forces, the security forces and bodies, and the workers of private security companies.
e) To the workers of the health centers and care centers for the elderly referred to in article 1 of Royal Decree-Law 9/2020, of March 27; likewise, to working people who care for people in situations of dependency.
f) To workers who provide services in public and private media, as well as their printing or distribution.
g) To the workers of financial services companies, except insurance.
h) To the workers who provide cleaning and maintenance services in the companies listed in letters a) to h) of this section.
i) To workers who are already providing remote services, unless otherwise agreed between the employer and the legal representation of the workers through collective bargaining or, in the absence of such representation, the workers themselves.
AS MAINTENANCE OF AN ESSENTIAL PUBLIC SERVICE - TAXI
ROYAL DECREE LAW 10/2020 OF MARCH 29
1. Workers in activities that must continue to be carried out under articles 10.1, 10.4, 14.4, 16, 17 and 18 of Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19 and the regulations approved by the Competent Authority and the Delegated Competent Authorities.
2. Workers in the activities that participate in the market supply chain and in the operation of the services of the production centers of basic goods and services, including food, beverages, hygiene products, medicines, sanitary products or any necessary product for the protection of health, allowing the distribution of the same from the origin to the final destination.
3. People working in the hotel and restaurant activities that provide home delivery services.
4. Workers in all the productive activities of the manufacturing industrial sector and, in particular, those of the chemical sector, the pharmaceutical and medicine manufacturing sectors, the food and beverage sector, the textile, glass and tobacco subsectors. , producers of capital goods and sectors of the manufacturing value chain of all kinds of sanitary technology, medical equipment, protective equipment, sanitary and hospital equipment, the pulp, paper, cardboard or cellulose production sectors, as well like those other related activities that offer the supplies, equipment, materials, raw materials or professional services necessary for the proper development of said activities.
5. People working in the activities that must provide transportation services, both for people and goods, that continue to be carried out since the declaration of the state of alarm, as well as those who must ensure the maintenance of the means used for it, under the regulations approved by the Competent Authority and the Delegated Competent Authorities since the declaration of the state of alarm.
6. The Security Forces and Bodies, the personnel who provide services in Penitentiary Institutions and the personnel of the civil protection, rescue and fire fighting services, as well as traffic and road safety.
7. The Armed Forces.
8. Personnel from private security companies that provide security transport services, response to alarms, round-trip or discontinuous surveillance, and those that are necessary to use for the performance of security services in guarantee of essential services and supply to the population.
9. People working in health centers, services and establishments, as well as those who care for the elderly, dependent people or people with disabilities, as well as people who work in companies, entities and research centers where related projects are being developed with COVID19, and against all other diseases that imply clinical trials and proof of concept in progress; as well as the animals associated with them and the companies that provide services and suppliers of products necessary for research in these matters.
10. Household employees and carers.
11. Workers who provide services at press outlets and in public or private media or news agencies, as well as in printing or distribution.
12. Workers from insurance and financial services companies.
13. Workers in the electro-intensive, steel and blast furnaces and mining industries, as well as workers in the production and supply of centralized heating or air conditioning services for multiple consumption centers.
14. Workers of companies dedicated to the manufacture of lead batteries, as well as any other materials necessary for the provision of health services.
15. People who work in plants with a continuous production cycle or whose interruption may cause serious damage to the facility itself or risk of accidents.
16. People who work in the aerospace and defense industry, as well as other activities of strategic importance to the national economy.
17. Workers of telecommunications companies and essential computer services. In entities belonging to the Public Sector, in the sense defined in Article 3 of Law 9/2017, of November 8, on Public Sector Contracts, by which the Directives of the European Parliament and the Council 2014/23 / EU and 2014/24 / EU, of February 26, 2014, will be considered essential computer services those that are essential for the adequate provision of public services, as well as the operation of the non-contact work of Public employees.
18. Workers of companies essential services related to the protection and care of victims of gender violence.
19. Workers who provide services in activities necessary for the management and payment of public benefits, subsidies and legal and regulatory aid established and the operation of the Social Security System.
20. Workers who provide services in administrative agencies and social graduates, consultancies, professional offices, third-party and own services for the prevention of occupational risks and, in general, those dedicated to the activity of legal, fiscal, business and social-labor advice or to the defense of the interests of consumers.
21. Labor personnel at the service of notaries and registries for the fulfillment of essential services set by the General Directorate of Legal Security and Public Faith.
22. The civil authorities responsible for public health and the employees that provide services in this area, as well as those related directly or indirectly to the management of the health emergency.
23. People working in funeral services, as well as in the construction of niches and other related activities.
24. Workers who provide cleaning, maintenance and surveillance services, as well as services in the collection, management and treatment of hazardous waste, as well as urban, hazardous and non-hazardous solid waste, collection and treatment of wastewater, decontamination activities and other waste management services and removal of dead animals or any of the entities belonging to the Public Sector, in accordance with the provisions of article 3 of Law 9/2017, of November 8, Contracts of the Public sector.
25. Workers in the Refugee Reception Centers and in the Temporary Stay Centers for Immigrants and public entities of private management subsidized by the Secretary of State for Migrations and that operate within the framework of International Protection and Humanitarian Attention .
26. Workers who participate in the provision of services that have been declared or may be declared essential by the competent Authority and the competent Authorities delegated under Royal Decree 463/2020, of March 14.
27. Personnel of the operator designated by the State to provide the universal postal service, in order to provide the collection, admission, transport, classification, distribution and delivery services for the sole purpose of guaranteeing said universal postal service.
28. People who carry out the activity of managing and operating toll highways, including the stations and service areas located therein.
29. Workers in water supply, purification, conduction, purification and sanitation activities.
30. Persons working in the provision of meteorological services including maintenance and surveillance services, control of operational processes linked to meteorological services, meteorological forecasting processes and aeronautical observation and defense observation / prediction processes.
31. Likewise, the provision of services to Public Administrations will be considered an essential service, when this is essential, and to the extent that it is to guarantee the basic operation of public services. Likewise, those that provide services in the management of endowment services and public service infrastructures that are essential.
32. Persons who provide essential face-to-face services for customs clearance, customs surveillance and those performed for the performance of critical services necessary for the application of the tax system.
33. Workers who provide services in those sectors or subsectors that participate in the importation and supply of sanitary material, such as logistics, transportation, warehousing, customs transit companies (freight forwarders) and, in general, all those who participate in corridors toilets.
34. People who provide services in logistics operators and textile or other industries dedicated or converted to the manufacture or import of medical equipment.
35. People who work in the distribution and delivery of products purchased in commerce by internet, telephone or correspondence.
36. People who provide the minimum services necessary for the maintenance and upkeep of the facilities that paralyze their activity during the indicated period.
37. Workers who are already providing remote services, unless otherwise agreed between the employer and the legal representation of the workers through collective bargaining or, in the absence of such representation, the workers themselves.
38. Workers who are in a situation of temporary disability on the days of validity of the permit regulated in this Royal Decree-Law, as well as those whose contract is suspended for other legally established causes, including those provided in the sections d) and e) of article 45.1 d and e Royal Legislative Decree 2/2015, of October 23, which approves the revised text of the Workers' Statute Law.
39. Union and employer activity to provide service to companies and workers will also be considered an essential service.
40. Those activities carried out by companies aimed at safeguarding the safety of people and the environment, animal health, the safety of mines, prevention and extinction of fires, as well as those aimed at the search and rescue of people