PRACTICAL GUIDELINES FOR HR MANAGEMENT IN SARS-COV-2 (COVID-19) EMERGENCY - Ichino Brugnatelli
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PRACTICAL GUIDELINES FOR HR MANAGEMENT IN SARS-COV-2 (COVID-19) EMERGENCY
INTRODUCTION: EMPLOYERS’ OBLIGATIONS ➢ Article 2087 of the Civil Code An employer is committed to providing all security measures in order to guarantee the physical integrity and moral personality of its employees; ➢ Pursuant to Legislative Decree no. 81/2008, it is the employer’s responsibility to protect workers from exposure to “biological risk”, with the collaboration of the competent doctor, where appointed; ➢ Updating its Risk Assessment Document (in Italian, acronymized DVR) - as well as the One Document for the Evaluation of Interference Risks (in Italian, acronymized DUVRI) in the case of contracting contract - due to this new biological risk; ➢ provision of PPE (including installation of antibacterial gel dispensers, equipment gloves and protective masks).
THE EMERGENCY MEASURES ADOPTED BY THE ITALIAN GOVERNMENT
REGULATORY SOURCES UPDATED TO 18 MARCH 2020 • Ministers Council President Decree, 31 January 2020; • Decree-Law no. 6 of 23 February 2020; • Decree-Law no. 9 of 2 March 2020; • Ministers Council President Decree, 4 March 2020; • Ministers Council President Decree, 5 March 2020; • Ministers Council President Decree, 8 March 2020; • Decree-Law no. 11 of 8 March 2020; • Decree-Law no. 14 of 9 March 2020; • Ministers Council President Decree of 9 March 2020; • Ministers Council President Decree, 11 March 2020; • Shared protocol for the regulation of measures to combat and contain the spread of Covid-19 virus in the workplace of 14 March 2020; • Decree-Law no. 18 of 17 March 2020, decree "Cura Italia"; • Minister of the Interior Circular no. 15350/117(2)/Uff III-Prot.Civ; • Regional ordinances.
#IORESTOACASA DECREES
- UPDATED TO 18 MARCH 2020 -
I. DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS (*) 8 MARCH 2020
II. DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS 9 MARCH 2020
III. DECREE OF THE PRESIDENT OF THE COUNCIL OF MINISTERS 11 MARCH 2020
IV. DECREE LAW NO. 18 OF 17 MARCH 2020 "CURA ITALIA DECREE".
V. (*)Italian acronym: DPCM(I) DPCM of 8 MARCH 2020
FURTHER IMPLEMENTING PROVISIONS OF DECREE-LAW NO. 6 OF 23 FEBRUARY 2020 ON
URGENT CONTAINMENT AND MANAGEMENT OF COVID-19 EPIDEMIOLOGICAL EMERGENCY
ARTICLE 1. - Urgent measures to contain the contagion in the Lombardy region and in the provinces of Modena, Parma, Piacenza,
Reggio nell'Emilia, Rimini, Pesaro and Urbino, Alessandria, Asti, Novara, Verbano Cusio-Ossola, Vercelli, Padua,
Treviso, Venice
o public and private employers are strongly adviced to promote, during the period of effectiveness of this decree, the use by employees
of periods of ordinary leave and vacation, without prejudice to the provisions of Article 2, paragraph 1, letter r)
ARTICLE 2. - Measures to combat and contain the spread of the COVID-19 virus throughout Italy
o the agile-work mode governed by articles 18 to 23 of Law no. 81 of 22 May 2017 may be applied by employers, for the duration of the
state of emergency referred to in the resolution of the Council of Ministers of 31 January 2020, to any employment relationship, in
compliance with the principles dictated by the aforementioned provisions, even in the absence of the individual agreements provided
for therein; the reporting obligations referred to in art. 22 of Law no. 81 of 22 May 2017, are fulfilled electronically, also using the
documentation made available on the website of the National Institute for Occupational Accident Insurance;
o where agile work is not possible, employers are strongly adviced to encourage the use of periods of ordinary leave or holidays.(II -A) DPCM of 9 MARCH 2020
OBLIGATION REFERRED TO IN ARTICLE 1.1.A) of DPCM of 8.3.2020 EXTENDED
OVER THE WHOLE TERRITORY
How can the prohibition introduced by the DPCM be classified?
The new DPCM does not prohibit the mobility of persons throughout the Country, however, it refers to the relevant - and functional -
exceptions already identified in the Decree of 8 March 2020.
In fact, in the press conference presenting the decree, the President of the Council of Ministers himself pointed out: "avoid any journey of
natural persons entering and leaving the territories referred to in this article, and/or within the same territories, except in case of proven
work needs or situations of necessity or for health reasons. It is permitted to return to one's own domicile, home or residence".
The reference to the Decree of 8 March, moreover, makes it possible to consider that "failure to comply with obligations" may be sanctioned
in accordance with Article 650 of the Criminal Code (which punishes the "Failure to comply with the Authority's measures") as well as
under articles 438 and 452 of the Criminal Code (crime of culpable causing of epidemic), to which are added, in the case of the issuance
of the self-declaration attesting the "proven reasons for work", any consequent penalties deriving from the issuance of unfaithful
declarations to the Public Official.
The MISE, citing the Ministry of Foreign Affairs, has specified that even cross-border commuters - unless they are subject to restrictions
- will be able to enter and leave the territories of what was indicated as the Red Zone on March 9 to get to work and return home.(II -B) DPCM of 9 MARCH 2020
OBLIGATION REFERRED TO IN ARTICLE 1.1.A) of DPCM of 8.3.2020 EXTENDED
OVER THE WHOLE TERRITORY
When do job requirements allow for an exception to the limitations set out in the Decree?
It is possible to move around the entire national territory due to proven working needs or situations of need or health reasons, which can also
be self-certified by the individual concerned, subject to possible verification by the authoritỳ of the truthfulness of the declaration (Ministry of
the Interior, Circular of 8 March 2020).
With regard to the proven employment reasons, these should refer to work from home being impossible, in view of the overall set of provisions.
This interpretation does not seem to be outdated by the order of the Presidency of the Council of Ministers, which interprets Article 1 of the
Decree of 8 March 2020 as follows: "Article 1, paragraph 1, letter a) does not prohibit natural persons from travelling throughout the national
territory for work, necessity or health reasons": in fact, even in the "previous" version, the work reasons, which had to be proven (this adjective
disappears in the Ordinance), did not prohibit travel throughout the national territory, which however continue to be discouraged. The employer's
position of guarantee does not seem to be alleviated.
This exception does not apply to subjects with respiratory infection and fever symptoms (over 37.5° C) or those in quarantine or virus positive,
who must remain in their homes.
What does the employer have to do?
It is advisable, in order of priority:
1. In any case, request work performance with agile working modes;
2. Promote the use of holiday periods by employees in the event of unnecessary or otherwise impossible service performance
(shops, tourism);
3. Only if the above options are not viable, provide the worker with evidence to be produced at the Authority's request;
4. In any case, revoke business travel from/to the territories at risk, promoting the use of technological tools for meetings, and equipping the
workplaces with the recommended facilities.Employer’s Letter Sample Self-certification
Letter sample to allow staff mobility (on company
letterhead): https://www.interno.gov.it/sites/default/files/allegati/modulo-autodichiarazione-17.3.2020.pdf
RE: Declaration under DPCI of 8 March 2020
In compliance with the provisions of the DPCI of 8
March 2020, the undersigned Company [*], with
registered office in [*],
declares and certifies
that Mr [*] born in [*] on [*], an employee of the
aforesaid company, carries out tasks which cannot
be deferred or carried out in any other way than by
attending at the company’s and that, therefore, the
need for the worker to go to [*], where the relevant
production unit is located, are to be considered
"proven".
The undersigned also undertakes to ensure
compliance with the hygiene and safety standards
set out by the competent authorities and will ensure
that the work performance of its employees also
complies with the requirements provided.
For any clarification and verification, please contact
[*] on [*]-.
Stamp and signature(III) DPCM of 11 MARCH 2020
PROVISIONS FOR PRODUCTION AND PROFESSIONAL INDUSTRIES
With regard to manufacturing and professional activities, excluded from the scope of forced suspension, the following safety
measures are provided in the DCPM:
• maximum use of the instrument of agile work (in a simplified form) for activities that can be carried out at one's own
home or from remote;
• incentives for the fruition and use of holidays and paid leave for employees as well as any other instruments provided by collective bargaining;
• suspension of activities in company departments not essential to production;
• adoption of anti-contagion safety protocols and, where it is not possible to respect the interpersonal distance of one meter
(identified as the main containment measure), the use of special PPE (FFP masks) is prescribed;
• encouraging sanitation operations in the workplace, also using forms of social safety nets;
• minimisation of movement within the production sites and access to common areas.SOCIAL SAFETY NETS BEFORE DECREE LAW CURA ITALIA (1/5)
*SOURCE: http://www.bollettinoadapt.it/ammortizzatori-sociali-in-caso-di-sospensione-per-covid19/
Social safety nets in case of suspension of work due to containment of the spread of COVID 19
Companies in the industries of manufacturing, transport, mining, plant installation, production and distribution of energy, water and gas, etc.
covered by the ordinary redundancy fund (CIGO).
Type of employment Type of income support Amount of wage supplementation
relationship
Subordinate work CIGO for Relative to unworked hours, 80 % of the total
remuneration up to a maximum of € 1,199.72
objectively unavoidable events gross monthly, in case of salary higher than €
(Indefinite time, Fixed time, 2,159.48, and € 998.18 monthly in case of lower
Intermittent, salary
Apprenticeship)SOCIAL SAFETY NETS BEFORE DECREE LAW CURA ITALIA (2/5)
*SOURCE: http://www.bollettinoadapt.it/ammortizzatori-sociali-in-caso-di-sospensione-per-covid19/
Non-industrial companies excluded from CIGO
even if they fall under the Extraordinary Supplementary Insurance Fund (CIGS)
Type of employment Type of income support Amount of wage supplementation
relationship
Subordinate work Ordinary allowance for companies, from bilateral Relative to unworked hours, 80 % of the total
funds remuneration up to a maximum of € 1,199.72
gross monthly in case of salary higher than €
(Indefinite time, Fixed time, CIG “in derogation” 2,159.48, and € 998.18 monthly in case of lower
Intermittent, salary
Apprenticeship)
For the time being, only the municipalities listed
in Annex 1 of the Decree of 1 March 2020 and
the Regions of Lombardy, Veneto, Emilia-
Romagna are eligible.
Subject of the new Legislative DecreeSOCIAL SAFETY NETS BEFORE DECREE LAW CURA ITALIA (3/5)
*SOURCE: http://www.bollettinoadapt.it/ammortizzatori-sociali-in-caso-di-sospensione-per-covid19/
Employers with more than 15 employees, enrolled in the Salary Integration Fund (Italian acronym: FIS)
(employers of sectors excluded from CIGO and CIGS and without bilateral solidarity fund)
Type of employment Type of income support Amount of wage supplementation
relationship
Subordinate work - All types FIS ordinary allowance Relative to unworked hours, 80 % of the total
(including apprenticeship under remuneration up to a maximum of € 1,199.72
professionalizing apprenticeship gross monthly in case of salary higher than €
CIG “in derogation”
contract of type II) except exclusions. 2,159.48, and € 998.18 monthly in case of lower
salary
Exclusions: Homeworkers, Executives, For the time being, only the municipalities listed
(“Dirigenti”), Apprentices under non- in Annex 1 of the Prime Ministerial Decree of 1
professionalizing apprenticeship March 2020 and the Regions of Lombardy,
contract (type I and III) Veneto, Emilia-Romagna are eligible.
Subject of the new Legislative DecreeSOCIAL SAFETY NETS BEFORE DECREE LAW CURA ITALIA (4/5)
*SOURCE: http://www.bollettinoadapt.it/ammortizzatori-sociali-in-caso-di-sospensione-per-covid19/
Employers with 5 to 15 employees enrolled in the Wage Integration Fund (Italian acronym: FIS)
(Employers of sectors excluded from CIGO and CIGS and without bilateral solidarity fund - no size limits)
Type of employment Type of income support Amount of wage supplementation
relationship
Subordinate work
Relative to unworked hours, 80 % of the total
CIG “in derogation” remuneration up to a maximum of € 1,199.72
All types (including apprenticeship gross monthly in case of salary higher than €
under professionalizing At the moment only the municipalities listed in 2,159.48, and € 998.18 monthly in case of lower
apprenticeship contract of type II) Annex 1 of the Prime Ministerial Decree of 1 salary
March 2020 and the Regions of Lombardy,
Veneto, Emilia-Romagna are eligible.
Exclusions: Homeworkers,
Executives, (“Dirigenti”), Subject of the new Legislative Decree
Apprentices under non-
professionalizing apprenticeship
contract (type I and III)SOCIAL SAFETY NETS BEFORE DECREE LAW CURA ITALIA (5/5)
*SOURCE: http://www.bollettinoadapt.it/ammortizzatori-sociali-in-caso-di-sospensione-per-covid19/
Independent Work
Type of employment Type of income support Amount
relationship
Coordinated and 600 euro for a maximum of three months
continuous collaborators Monthly allowance (Decree-Law No 9/2020) and parameterised to the actual period of
For the time being only the municipalities listed
suspension of activity.
Commercial agents in Annex 1 of the Decree of 1 March 2020
For professionals who own their office/chamber
Self-employed persons under and who apply Confprofessioni NCLA, it is
possible to access the income support measures
article 2222 of the Civil Code already provided for in the collective agreement
and the various category funds
Professionals
Holders of business activities Waiting for new Decree-Law
(VAT No.)SHARED PROTOCOL FOR THE REGULATION OF MEASURES TO COMBAT AND CONTAIN
THE SPREAD OF THE COVID-19 VIRUS IN THE WORKPLACE OF 14 MARCH 2020
Guidelines shared between the Parties to encourage the fight against and contain the spread of the virus in the workplace and to facilitate
companies in the adoption of safety protocols:
• MANDATORY PROVISION OF INFORMATION;
• ACCESS MODALITIES TO THE COMPANY;
• ACCESS MODALITIES OF EXTERNAL SUPPLIERS;
• CLEANING AND SANITATION ON THE VENUES;
• HYGIENE PRECAUTIONS;
• PERSONAL PROTECTIVE EQUIPMENT;
• COMPANY ORGANIZATION (SHIFTING, TRAVEL AND SMART WORK, REMODELING OF PRODUCTION LEVELS);
• EMPLOYEE ENTRY AND EXIT MANAGEMENT;
• INTERNAL TRAVEL, MEETINGS, INTERNAL EVENTS AND TRAINING;
• MANAGEMENT OF A PERSON SHOWING SYMPTOMS IN THE COMPANY;
• HEALTH SURVEILLANCE/COMPETENT PHYSICIAN/RLS;
• UPDATING THE REGULATORY PROTOCOL.✓ Suspended workers should be officially on holiday or leave, immediately, pending social security net grants. Time off for holiday
and/or paid leave will be restored when income support is granted.
✓ Employee’s temperature may be measured at his/her entrance and employees are asked to
inform the employer immediately if suspicious symptoms appear during worktime;
✓ guarantee end-of-shift cleaning and regular sanitization of keyboards, touch screens, mice with suitable detergents, both in
the offices and in the production departments; comply strictly with keeping the distance of one meter. For
FOCUS ON THE
suppliers/transporters and/or other external personnel identify/install dedicated toilets. In general, guarantee periodic
MAIN POINTS OF
sanitization of the working environment;
THE GUIDELINES
✓ there is no requirement for masks for those who do not show symptoms, in accordance with WHO provisions. If the work
requires working at an interpersonal distance of less than one metre and other organisational solutions are not possible,
the use of masks and other protective equipment (gloves, glasses, overalls, overalls, etc.) in accordance with the
provisions of the scientific authorities is still necessary;
✓ the closure of all departments other than production or, in any case, those whose operation is possible through the use
of smart work, or in any case remotely. Shifts are also remodulated to prevent people from meeting each other;
✓ staggered entry/exit times are encouraged in order to avoid as much contact as possible in common areas (entrances,
changing rooms, canteen). Where possible, it is necessary to dedicate an entrance and an exit door from these rooms and to
ensure the presence of detergents indicated by appropriate indications;
✓ if a person in the Company’s venues has a fever and symptoms of respiratory infection such as coughing, he/she shall
immediately report this to the personnel office, and shall be removed/isolated in accordance with the provisions of the
health authority, as well as other people who are present in the premises, the Company shall immediately notify the
competent health authorities and the emergency numbers for Covid-19 provided by the region or the Ministry of Health.(IV) DECREE LAW No. 18 of 17 MARCH 2020, 'CURA ITALIA
1. TEMPORARY DEROGATIONS FROM SUBSTANTIVE LABOUR LAW RULES
• Employees in the private sector: The time in quarantine with active surveillance or at home with active surveillance is treated in the same way as the period of sickness for the
purposes of the economic treatment provided for by the relevant legislation and this period cannot be counted for the purposes of the maximum allowed sickness leave. Specific
operating procedures are provided for the physician to draw up certificates. As an exception to the provisions in force, the costs are entirely borne by the State.
• Using PPE: Until the end of the state of emergency for the entire national territory there is the possibility for workers unable to maintain the interpersonal distance of one meter, to use
as protective devices referred to in Article 74, paragraph 1, of Legislative Decree no. 81 of 9 April 2008, the surgical masks available on the market (even without CE mark).
• Suspension of 60 days of collective redundancies and for o.j.r. From the date of entry into force of the decree, the opening of appeal proceedings against individual and collective
redundancies is precluded for 60 days and during the same period pending proceedings initiated after 23 February are suspended. It is also provided that during this period the employer,
regardless of the number of employees, may not terminate the contract for justified objective reasons.
• Employee bonus: Employee income holders who have a total income of no more than 40,000 euros will receive a bonus - for the month of March 2020 and which does not contribute
to the formation of income - equal to 100 euros in relation to the number of days worked at their place of work in that month. Substitutes for tax will automatically recognize the bonus
starting from the salary paid in April and in any case within the deadline for the year-end adjustment operations.
• Tax credit for the costs of workplace sanitization: In order to encourage workplace sanitization, a tax credit is introduced in favour of all business, art or profession operators. The
tax relief is granted, for the 2020 tax period, to the extent of 50 per cent of the costs of sanitation of the workplace and tools up to a maximum amount of 20,000 euros. The maximum
expenditure limit for the measure is 50 million euros for the year 2020.
• Central Guarantee Fund for SMEs and liquidity support: For 9 months after the measure, the government provides a guarantee for loans of up to EUR 5 million for investments and
restructuring of debt situations, in compliance with the guarantees and limits provided for in the measure itself and also provides a specific instrument to support the liquidity of
companies (first loss guarantees on loan portfolios).
• Justice: From 9 March 2020 to 15 April 2020, hearings in civil and criminal proceedings pending in all courts shall be postponed ex officio until after 15 April 2020. From 9 March 2020
to 15 April 2020, the time limits for the completion of all acts in civil and criminal proceedings and all time limits relating to administrative proceedings shall be suspended.(IV) DECREE LAW No. 18 of 17 MARCH 2020, 'CURA ITALIA
2. TEMPORARY ANTI COVID-19 SOCIAL SAFETY NETS
• Ordinary Salary Integration Treatment (TIS): Employers who suspend or reduce their work activity due to events related to the epidemiological emergency of COVID-19 may request
ordinary salary integration or access to ordinary allowance (also extended to companies with more than 5 employees) for a maximum period of nine weeks for periods starting from 23
February 2020 and in any case by August 2020. An instrument that does not require a trade union agreement but what will be sufficient is information, consultation and joint examination,
which may be also carried out electronically. Applications to be submitted by the end of the fourth month following the beginning of the suspension or reduction of work.
• SIF: The ordinary allowance is also granted, limited to the indicated period and in the year 2020, to employees of employers already registered with the Salary Integration Fund (FIS)
who employ on average more than 5 employees. The above-mentioned allowance at the request of the employer can be granted with the direct payment of the benefit by INPS.
• CIGO for Companies already in CIGS: Companies that, at the date of entry into force of Decree Law no. 6 of 23 February 2020, are availing of CIGS may submit an ordinary CIG
application for a period not exceeding nine weeks. The granting of ordinary allowance suspends and replaces the extraordinary integration already in progress. The granting of ordinary
wage supplementation treatment may also apply to the same workers who benefit from extraordinary wage supplementation to fully cover working hours.
• Wages and salaries for companies in CIGO or FIS: Employers, enrolled in the Wage and Salary Integration Fund, who on the date of entry into force of Decree-Law no. 6 of 23 February
2020, are in the process of receiving a solidarity allowance, may apply for the ordinary Covid allowance for a period not exceeding nine weeks. The granting of ordinary allowance shall
suspend and replace the solidarity allowance already in progress. The granting of the ordinary allowance may also apply to the same workers who receive a solidarity allowance to cover
all working hours.
• Nets by derogation: In favour of employers in the private sector, including those employing up to five employees, as well as those in the agricultural and fisheries sectors, to whom the
protections provided for by the current provisions on suspension or reduction of working hours do not apply, the Regions and Autonomous Provinces may recognise - as a consequence
of the epidemiological emergency and subject to agreement with the comparatively more representative trade unions at national level (not necessary for those employing up to five
employees) - wage-subsistence benefits in derogation for the duration of the suspension of the employment relationship and in any case for a period not exceeding nine weeks. This
may be granted only to employees already in force on 23 February.(IV) DECREE LAW No. 18 of 17 MARCH 2020, 'CURA ITALIA
3. FURTHER TEMPORARY DEROGATIONS
• Extension of limitation periods in social security and welfare matters; As from 23 February 2020 and until 1 June 2020, the limitation periods relating to social security, welfare and
insurance benefits provided by INPS and INAIL shall be suspended.
• INAIL: Suspension from 23 February 2020 until 1 June 2020 of the forfeiture and prescription deadlines relating to applications to be submitted to INAIL for access to the benefits
provided by the Institute, as well as the deadlines relating to the review of pensions. A specific procedure for INAIL accident protection in cases of coronavirus infection (SARS- CoV-2)
during work is also provided.
• Extension of NASpI and DIS-COLL: Extension - from sixty-eight to one hundred and twenty-eight days - of the deadlines for submitting unemployment applications in the event of
involuntary employment termination in 2020. Also extended by 30 days the deadlines for submitting applications for self-employment incentives as well as the deadlines for fulfilling
the employee's obligations to provide information.
• Right of precedence: employees with disabilities under the conditions set out in Article 3, paragraph 3, of Law no. 104 of 5 February 1992, or who have a disabled person in their
household under the conditions set out in Article 3, paragraph 3, of Law no. 104 of 5 February 1992, have the right to perform the work in an agile manner pursuant to Articles 18 to 23
of Law no. 81 of 22 May 2017, provided that this is compatible with the job type. Workers in the private sector suffering from serious and proven pathologies - for which there is still a
reduced working capacity - are given priority in the acceptance of requests for agile working pursuant to articles 18 - 23 of Law no. 81/2017.
• Permits under Law no. 104: The number of days of paid monthly leave covered by imputed contributions referred to in Article 33, paragraph 3, of Law 104/1992 is increased by a
further twelve days in March and April 2020.
• Citizenship income: Without prejudice to the enjoyment of economic benefits, the obligations associated with the enjoyment of citizenship income and the related procedural obligations
are suspended for two months after the entry into force of the decree .(IV) DECREE LAW No. 18 of 17 MARCH 2020,
4 . FURTHER TEMPORARY DEROGATIONS -2
• Leave and allowances for employees in the private sector and for workers registered enrolled in Separate INPS management and self-employed workers: (i) Parental leave
for parents working in the private sector with children up to the age of 12: allowance of 50% of salary, with imputed social security contribution. For this category of workers and with
children between 12 and 16 years of age there is also a right to abstain from work for parents, provided that there are no other parents receiving income support or with a right to
abstain from work. In this case, no notional allowances or contributions, but the right to keep one's job. (ii) Parental leave for working parents enrolled in INPS separate management
• The self-employed: Suspension of contribution payments while self-employed workers - as well as professionals and collaborators not enrolled in state pension plan or in other
compulsory social security schemes - are guaranteed a one-off sum of EUR 600 as a relief for compensation not accrued. For seasonal workers in tourism, fishing and entertainment
there is an extension of the unemployment benefit through a one-off allowance of 600 euros).
• Smart working and rules for Public Administration: Smart working as a rule for the performance of services in public administrations (also through the use of personal computers
and tablets). A reduction in the physical presence of civil servants in the offices is established, on the understanding that essential and non-deferrable services will continue to be
guaranteed; in order to do this, the Public Administration will be able to require its staff to take holidays, take leave or continuously shift employees.
• Domestic work: Aid to domestic help for domestic helpers and carers with a specific provision that includes these workers in the coverage of the redundancy fund,“in derogation”.
• Families: Parental leave or babysitter vouchers (12-15 days of parental leave that can be used by both parents if they are not covered by social security benefits and cannot work
from home (smart working) up to 80% of the remuneration for low incomes (30% for high incomes), Workers who do not have to stop their activity can ask for a voucher to pay the
babysitter: we are talking about 600 euros that would rise to a thousand for health care workers.
• Taxation: In favour of firms in particular financial difficulties, deadline extension for the payment of withholding tax, social security, welfare contributions, mandatory insurance
premiums as well as any further tax payments due between 8 March 2020 and 31 May 2020 which may be made, without the application of penalties and interest, in a single instalment
by 31 May 2020 or by instalments up to a maximum of 5 equal monthly instalments from May 2020.DECENTRALISED ADMINISTRATIVE SOURCES REDUNDANCY FUND, MOBILITY, UNEMPLOYMENT, SOLIDARITY: Inps, by message no. 1118 of 12 March of this year, announced that, as provided for by Article 13 of Decree Law no. 9/2020, applications for ordinary allowances may be submitted by employers for the new reason "COVID-19 d. l. no. 9/2020" only in the following cases: • if the interruption or reduction of work activity affects production units/organisational complexes located in the municipalities identified in Annex 1 of the Decree of 1 March 2020; • if the interruption or reduction in work activity involves production units/organisational complexes located outside the Municipalities identified in Annex 1 of the Decree of 1 March 2020, with reference only to workers resident or domiciled in the aforementioned Municipalities who are unable to work. Applications for access are to be submitted electronically only, by the end of the fourth month following the month in which the period of suspension or reduction began. SUSPENSION OF THE PAYMENT OF INAIL INSURANCE PREMIUMS: Inail, by circular no. 7 of 11 March 2020, communicated the suspension of the terms relating to the fulfillment and payment of premiums for mandatory insurance as provided for by Decree Law no. 9/2020: • Article 5, paragraph 1, for the municipalities identified in Annex 1 to the Decree of 1 March 2020, in the period from 23 February 2020 to 30 April 2020; • Article 8(1)(b) in favour of tourist accommodation businesses, travel and tourism agencies and tour operators, which have their fiscal domicile, registered office or place of business in the territory of the State, in the period from 2 March 2020 to 30 April 2020. ONLINE VALIDATION REQUEST REGARDING RESIGNATION OF PARENTS IN THE COVID-19 EMERGENCY PERIOD: The National Labour Inspectorate, following the measures to contain the COVID-2019 contagion, has made available online the "remote" request form for the validation of resignation or consensual resolutions of the employment relationship for working parents of children up to three years of age (by art. 55 Legislative Decree no. 151/2001). This form will be used exceptionally and only for the duration of the emergency period in place of the direct interview of the worker by the official of the Labour Inspectorate with territorial jurisdiction.
TECHNICAL TOOLS TO ADDRESS THE REDUCTION OR SUSPENSION OF ACTIVITY
Agile work
Adviced
Holiday and R.O.L.
Measures
Solidarity and bilateral funds
LABOUR LAW
INSTRUMENTS TO Ordinary CIG
CUSHION THE
INEVITABLE
Extraordinary CIG and solidarity agreements
REPERCUSSIONS OF THE
HEALTH CRISIS ON THE
ECONOMY CIG in derogation and FIS (Lgs Decree #148/15
)
Paid suspension
Unpaid consensual suspension
Termination/suspension of employment due to temporary
impossibility pursuant to art. 1256 of the Civil Code.
Extrema Dismissals for o.j.r. or collective (from 16 May)
ratioFAQs
Is smart working a right?
FAQs No, the employer may unilaterally arrange for smartworking with staff if the employer believes, after assessing the company's
organisational and production needs, that normal working activities can also be rendered through agile work. However, also
in the light of the obligations set forth in 2087 of the Civil Code, it is adviceable to arrange smart working as much as possible.
Does the Decree of 11.03.2020 oblige employers to close down activities/departments not essential to production?
The possible closure of activities that are not indispensable to production is to be aligned with the rationale of the new
government intervention (consistent with the precedents of the emergency phase), which is to "recommend", first and
foremost, agile work. Only once it has been ascertained that it is impossible to use smart working, the Decree of
11.03.2020 includes the "recommendation" to limit the continuation of activities in company premises only to those
indispensable to production. For non-essential (and therefore suspended) activities, the use of holidays and permits
should be used. For indispensable activities, the necessary safety measures should be implemented, such as the
observance of a distance of at least 1 metre between operators. If it is not possible to comply with these minimum safety
measures, the adoption of specific PPE (i.e. masks and/or gloves, etc.) should be considered.
Does a worker have an obligation to specify to the company any deterioration in his or her health? Does he/she have
to report his whereabouts?
The Decree of 8/9 March 2020 did not require the employee to inform the employer of his or her movements, let alone that
he or she had contracted COVID-19 or had had close contact with a person suffering from Coronavirus, and this seemed to
be at least in line with the general provisions on health and safety in the workplace set out in d.lgs. 81/2008, which excludes
that the obligation to provide information pursuant to art. 20, paragraph 1 extends to the type of illness the worker is suffering
from: it is no coincidence that the employer does not even have access to the health records of its employees, nor does it
have visibility of the diagnosis contained in the medical certificates through INPS. On this point, however, the protocol
approved on 14 March has provided - par. 11 "Management of a symptomatic person in the company" - that "if a person
present in the company has a fever and symptoms of respiratory infection such as coughing, he must immediately
declare this to the personnel office, he/she must proceed to his/her isolation according to the provisions of the health
authority and that of others present on the premises, the company shall immediately notify the competent health
authorities and the emergency numbers for COVID-19 provided by the Region or the Ministry of Health".If an employer learns that one of its employees has tested positive for the Covid-19, what should it do?
FAQs In the case of an established infection among the workforce, it is necessary to obtain the opinion of the competent doctor and check
FAQ with him/her the specific risk of infection (e.g. due to the tasks performed by the person, contact with the public, etc.) and take the
measures suggested by him/her. Afterwards, ATS health personnel will contact the company where the worker is employed and ask
the competent doctor for his or her cooperation in identifying the work contacts to be included in the quarantine measure with active
surveillance. workers who can be traced back to the definition of "close contact", as defined by ministerial circulars, are then included
in a specific path of health surveillance by ATS which includes home isolation (14 days from the last contact). In addition to this, the
employer would be required to carry out an "extraordinary cleaning" of the working environment in the event of a case of COVID-19.
If the law does not apply (holidays, leave, sickness and social security benefits) and the company is one of those forced to
close/suspend its activities for the reasons set out in Annex 1 of Decree 12/2020, or if the employee cannot perform the work
(not even in smart working mode), is the employer obliged to pay the salary to its employee?
In theory, no, since the reason for the closure/suspension of the activity is strictly related to a third party with respect to the legal
sphere of the employer and the provider (so-called factum principis) and, for this reason, without prejudice to the employment
protection to be guaranteed to the staff, the obligation to pay may not be guaranteed. In fact, when the measure of the Authority is
independent of the will of the employer and also of the employee, there is a hypothesis of impossibility to provide the service for
reasons not attributable to the contractual parties: in such circumstances, the salary is not due and neither is the service provided
unless the National Collective Labour Agreement provides for the payment of the salary even if the service is not provided due to
force majeure.
Can the worker refuse to perform the work?
If the employer has taken all precautions, the refusal to provide the service would be unjustified, and the worker would be obliged
to perform the required service in order not to incur disciplinary proceedings/sanctions; if the company has taken all the necessary
health precautions and justified the request for service, the worker is then obliged to perform his/her activity. The worker could raise
an "objection of non-performance" to justify his/her refusal to perform the work only when the same request does not comply with
the requirements imposed by the laws and regulations in force, currently summarized in the Protocol signed by the Social Partners
on 14 March 2020.May the possibility of forcing employees to take leave also extend to the obligation to take early leave for the current year?
FAQs As far as holidays are concerned, with regard to those already accrued (or overdue), it can be considered that use can be imposed by
FAQ the employer, both in case of total closure of the business and in case of partial reduction. For holidays not yet accrued, relating to
the current year, in this case, the provisions of collective agreements are taken into account, which in some cases (see, for example,
Mechanical Industry NCLA) establish concerted procedures for determining the collective holiday schedule. In this case, without
prejudice to the exercise of unilateral power by the employer, it is certainly necessary to consult the Union Representatives before
proceeding with the placement of staff on holiday, especially where any closure or reduction of activity was not "obligatory" by a
measure of public authority, but resulted from a decision by the entrepreneur due to the reduction in work.
May an employer require employees to undergo a medical examination to determine their body temperature before they enter
the company premises?
According to the protocol approved on 14 March 2020, the employer may have the body temperature taken, but this is to be processed
as a personal datum. However, this is debated because, in its opinion of 2 March last, the Data Protection Authority called on
employers to refrain from collecting, a priori and in a systematic and generalized manner, information on the presence of any symptoms
of the worker and his/her closest contacts, as these were facts outside the work sphere. The Authority has authorized the Civil
Protection to use, in simplified ways, all the data collected, including particular data (health-related data), even in the absence of
prior authorization from the Authority, on the assumption that the right to privacy gives way to the right to health of the community to
avoid situations of significant danger. The Authority also underlined the necessity that the processing of the data, in order to be
legitimate, must take place only in the cases in which such use finds its legal basis in the sources (Legislative Decree 81/2008).
What are the hygienic and sanitary measures adviced by the Authorities?
Wash your hands often; avoid close contact with people suffering from acute respiratory infections; avoid hugs and handshakes;
maintain an interpersonal distance of at least one metre in social contacts; respiratory hygiene (sneeze and/or cough in a
handkerchief, avoiding hand contact with respiratory secretions); avoid mixed use of bottles and glasses, especially during sports
activities; do not touch your eyes, nose and mouth with your hands; cover your mouth and nose if you sneeze or cough; do not take
antiviral drugs and antibiotics, unless prescribed by your doctor; clean surfaces with chlorine or alcohol-based disinfectants; use the
mask only if you suspect that you are ill or if you are caring for sick people.SEE ALSO FAQS PROVIDED BY THE ITALIAN GOVERNMENT
PRESIDENCY OF THE COUNCIL OF MINISTERS
http://www.governo.it/it/articolo/decreto-iorestoacasa-domande-frequenti-sulle-misure-adottate-dal-governo/14278#
Ichino Brugnatelli e Associati Law Firm
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