The DCPM was published in the Official Gazette last 24 October containing “additional implementation measures of the decree-law 25 March no. 19, converted, with amendments, by Law no. 35 of 25 May 2020, containing “Urgent measures for dealing with the COVID-19 epidemic emergency” and decree-law no. 33 of 16 May 2020, converted, with amendments, by Law no. 74 of 14 July 2020, containing “Urgent measures for dealing with the COVID-19 epidemic emergency.” The measure in effect from 26 October 2020 until next 24 November replaces the previous DCPM of 13 October, as amended and supplemented by the later DCPM of 18 October. It reiterates compliance with the shared Protocol regulating the measures to control and contrast the spread of the COVID-19 virus in the workplace signed last 24 April between the Government and social partners. The contents of previous decrees were confirmed on the use of masks and the other protection measures, aimed at reducing contagion, including physical distancing and hand washing, and provides other protocols and guidelines in various work sectors. Moreover the use of agile working is highly recommended in the private sector as well as holding private meetings remotely. In addition, private employers are advised to differentiate the start time of personnel. The suspension of all convention and conference activities was confirmed with the exception of those held remotely.
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With the main goal of balancing private life and work, DDL 2233-B has been approved in its final version, which, in fact, governs the so-called remote work, that is the type of work performed outside of the employer’s premises and without specific requirements in terms of working hours. The intrinsic characteristics of remote work clearly imply a lower level of monitoring by the employer; this also applies to those elements that may have an impact on the health and safety of the worker. As a result, and without prejudice to the fact that the employer remains responsible for the health and safety of the worker, the law-maker established that the employer shall provide the worker and to the Workers’ representative, at least once a year, with a written information notice detailing the general and specific risks connected to performing a specific type of work while employed by the employer. On the other hand, the employer is made aware and becomes liable since he/she is expressly obligated to cooperate in implementing the preventive measures established by the employer to face the risks connected to the performance of the duties outside the workplace. However, the aforementioned requirements do not void the liability of the employer to guarantee the worker’s health and safety. In fact, unless exceptions are applied, please note that the employer must also follow the regulations established in the Consolidated Law on Safety (Legislative Decree 81/2008) applicable to the specific matters that characterise remote work.
