With the DCPM of March 22, 2020 (“Decree”), the Government sanctioned, on the entire national territory, the “suspension of industrial or commercial production activities”, unless they are organized by means of distance or agile work. The companies concerned may complete the activities necessary for the suspension by March 25th , including the shipment of goods in stock. The Decree also defines the list of about 100 activities that are an exception to the suspension obligation (Annex 1). For these companies, the application of the Protocol of 14 March 2020 on measures to combat and contain the spread of the COVID-19 virus in the workplace is expressly prescribed. The provisions of the Decree shall take effect from 23 March 2020 until 3 April 2020.

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The law firm De Luca & Partners remains available to provide any information necessary to deal with the emergency, as well as to develop the best strategies to minimize its impact on business productivity.

Alberto De Luca will talk about it next Monday, March 23rd in an interview by Gabriele Ventura – Le Fonti.TV on analysis and criticality of measures for companies and workers in full emergency COVID-19.

During the interview, Alberto will analyze scenarios, solutions and perspectives for companies in facing the emergency situation related to the coronavirus pandemic.

On March 17, 2020, the Italian Government has issued Law Decree no. 18\2020 (the “Decree”) concerning “measures to strengthen the national health service and provide economic support for families, workers and businesses related to the epidemiological emergency by COVID-19”.

The Decree has extended to the entire national territory some extraordinary provisions concerning social security benefits, reduction of working hours and support to workers, thus providing aid to corporations and employees to deal with the various issues related to the current pandemic Emergency.

Our Professionals have deepened the measures in support of companies and workers:

A) Extension of the special measures for the whole national territory

B) Special measures “on the reduction of working time and support to workers”

C) New judicial provisions

Our “Coronavirus HR Task Force” remains available to provide any information necessary to deal with the emergency, as well as to develop the best strategies to minimize its impact on business productivity.

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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”.

On 14 March 2020, the Social Partners signed the Protocol for the regulation of measures to combat and contain the spread of the Covid-19 virus in the workplace.

The Protocol contains the guidelines for the adoption by companies of security protocols in implementation of the provisions contained in the Prime Ministerial Decree of March 11, 2011.

The Protocol also encourages discussion with trade union representatives in the workplace, so that the measures adopted are shared and made more effective through the contribution of the people working within the company, in particular RLS and RLST, taking into account the specific characteristics of each individual production reality.