Here is the comment about Vittorio De Luca, published by Affari Italiani.
In terms of Remote Working and spread of the Covid-19 virus, Vittorio De Luca, of Studio De Luca & Partners comments: “We are in the middle of an emergency and many companies have suddenly been forced to seek and adopt alternatives to normal job performance. In other words, companies had to rethink and reorganise their work from one day to the next and re-evaluate so-called Remote Working. But what happens to all those companies that did not want or could not adopt this new approach to work? First of all, until this Covid-19 emergency is over, employers will not be completely free to decide whether or not to use to agile work. The Prime Ministerial Decree of 11 March calls for maximum use of agile working arrangements by companies for activities that can be carried out at home or remotely.
It is also necessary to bear in mind that employers have a precise obligation to protect the mental-physical health of workers based on article 2087 of the Italian Civil Code. Entrepreneurs are required to take measures in running the company which, according to the particular nature of the work, experience and technique, are necessary to protect the physical and moral integrity of workers. Therefore, employers must adopt all measures strictly imposed by law in relation to the specific type of activity carried out, general measures dictated by common prudence and all other measures that are actually necessary to protect workers according to the specific nature of the work, experience and technique. Employers who violate this obligation run the risk of being held liable for any contagion and its spread. Employers could therefore be called upon to compensate employees for any injury suffered and to answer for offences that give rise to the company’s administrative liability”.
