When a state of emergency and a period of lockdown were declared, it was clear that businesses and services could not remain open and operate, unless through telework. Regulations with a detailed list of essential services were published in many countries of the world, mainly allowing the continuity of business for health sector, supermarkets, grocery stores, pharmacies, banks, energy and maintenance services.

In France, article 8 of Decree N. 2020-293 of 23 March 2020 mentions the activities that can or cannot remain open to the public. Ontario (Canada) regulation N. 82/20 issued a list of services that is constantly updated as the crisis evolves. New Zealand’s Health Act 1956 provides in its article 70 the list of essential services to be provided during the crisis. In South Africa, Annexure B to the lockdown regulations published on 26 March 2020 under the Disaster Management Act, 2002, established a general rule that “during the lockdown, all businesses and other entities shall cease operations, except for any business or entity involved in the manufacturing, supply, or provision of an essential good or service, save where operations are provided from outside of the Republic or can be provided remotely by a person from their normal place of residence”. 

The above-mentioned lists are quite similar, but some differences are worth noting. In particular, regulations from France, New Zealand and Ontario allowed the operation of employment services.

In New Zealand, workers’ and employers’ unions “can operate, ensuring that all non-essential activity is conducted from home or remotely. Unions may only attend premises in exceptional circumstances, for example, for essential health and safety or security issues”.

Since 1 May 2020, New Zealand moved from Level 4 full lockdown to Level 3 alert, which allowed any business that are not considered as essential businesses to operate provided that it can do so safely. On 14 May 2020, the country will move to Level 2, which will allow people to move around the country.  

In South Africa, there were some doubts on the meaning of production of “basic goods”, even if it shall not possibly be falling outside products required for communication and energy, or goods essential to human and animal life. With regards to these lists, employers’ organisations at the national level strongly urged the government to be extremely clear in defining the businesses that would continue operating. In some countries, like Spain, the initial list containing hair salons was revised after criticism from business owners themselves.