What has been done and what needs to be done to protect worker safety and business continuity? Marco Giangrande talks about it to the microphones of Energy in Organization. Health & Safety, tecnostress and productivity some of the topics covered.
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Vittorio De Luca, with Antonella Iacobellis and Alessandra Zilla, signed the firm’s contribution on health and safety at work and redundancy fund in derogation for multi-located companies.
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The provision included in article 42, paragraph 2, of the “Cura Italia” Decree (Legislative Decree No. 18/2020) states that the Coronavirus infection contracted in the workplace is treated as an accident at work. This qualification opens the way to profiles of relevance, in term of responsibility, of the conduct attributable to the employer for non-compliance with safety standards in the workplace. As is well known, the protection of the employees’ psychophysical integrity, including from the biological risk they are exposed to in the performance of their work activities, constitutes a specific burden on the employer pursuant to Article 2087 of the Italian Civil Code.
In addition to this general rule, the special provisions contained in Legislative Decree no. 81/2008 and in the “Shared protocol to regulate measures to counter and contain the spread of Covid-19 virus in the workplace” also play a fundamental role.
In summary, under certain conditions, the violation of the provisions at issue could have repercussion on the employer and on the company including:
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Source: Agendadigitale.eu
Vittorio De Luca on air on Class CNBC at “The price of the virus” conducted by Andrea Cabrini, along with other guests including the Undersecretary of State of the Ministry of Labour, Stanislao Di Piazza. Among the topics, the responsibility of employers in case of contagion of employees and the social shock absorbers provided by the “Decreto Rilancio” pending publication in the Official Gazette (speech from minute 24’55”).
Here the interview.
Does the current emergency integrate the case of force majeure for the suspension of remuneration? When can the employer legitimately suspend the payment?
It has been considered appropriate to make some brief considerations on the impact that this matter may have on employment relations, assessing whether the particular contingency may or may not exempt the operator unable to fulfil the contract – in this case, the employer who suspends the payment of the salary – and to invoke force majeure.
Click here to read the DLP insights related to the matter and the considerations of the Firm.
