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This is not the case (since your activity from home is compatible with the care of your child), if your wife still wants to stay at home for that purpose, she should resort to the so-called complementary parental leave, that lasts for 3 months. The intention to take this license must be communicated to the employer (in writing and 30 days in advance), who does not have to authorize or allow it. For as long as the same leave lasts, the worker is not paid, nor is he entitled to any social security allowance to compensate for such loss of income.

The closure of the company following the enactment of a state of emergency, without it being in a crisis situation such as to jeopardize its own viability and the maintenance of jobs (a situation that, if it occurs, allows the company to company to resort to the so-called lay-off) -, obliges the employer to maintain, during the entire period of activity suspension, the payment of remuneration to its workers. It should be noted, however, that this obligation does not concern the totality, but only 75% of the amount of the due remuneration, and that it does not include non-retributive benefits, as is the case with meal and transportation allowances, when paid to workers.

According to the Decree that regulates the application of the state of emergency, the activity of trade in furniture and upholstery must be suspended, since such goods are not considered as essential or essential for the current situation. However, this suspension will no longer apply, if the commercials intend to maintain their activity and the deliveries of the goods are made at home or at the door of the commercial establishment or through a wicket.

For activities in which such a situation is not possible and need to close the establishments, traders may resort, among others, in order to assist them with the payment of the remuneration of the respective workers, support for the maintenance of employment contracts or until the lay-off. (Answer given by the Labor Law team at JPAB – José Pedro Aguiar-Branco Advogados)

In the specific case, we do not know the reason why the domestic worker will not work (we only know that she is related to the Coronavirus) nor do we know about the domestic work contract. However, if there is no legal reason for the worker not to do her job, such as illness, prophylactic isolation or providing assistance to a child or other dependent under the age of 12 or who, regardless of age, has disability or chronic illness, then, we can be faced with justified absences (if authorized by the employer) or unjustified absences, both with loss of remuneration.

Under the terms of article 6 of Decree no. 2-A / 2020, of 20 March, ratified by Statement of Rectification no. 11-D / 2020, it is provided that “It is mandatory to adopt the teleworking regime , regardless of the employment relationship, whenever the functions in question allow ”.

In addition, Article 9.

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