Latest measures issued by the Government to deal with the Coronavirus emergency, namely:
— Decree of the President of the Council of Ministers (DPCM) 26/04/2020 (OJ General Series no. 108);
— Law Decree no. 23 of 08/04/2020 “Urgent measures concerning access to credit and tax compliance for businesses, special powers in strategic sectors, as well as measures in the field of health and work, extension of administrative and procedural deadlines”;
— Law Decree no. 18 of 17/03/2020 “Measures to strengthen the National Health Service and economic support for families, workers and businesses related to the COVID-19 epidemic” converted with edits by Law no. 27/2020.
— Law Decree no. 9 of 02/03/2020 “urgent measures to support families, workers and businesses affected by the COVID-19 epidemic”.
DPCM 26 April 2020
Throughout the whole of Italy, from 4 to 17 May 2020, the following activities are suspended:
— gyms, swimming pools, spas (except for activities providing essential assistance), cultural centers, social centers;
— retail shops, with the exception of grocery stores and first aid products under Attachment 1. Newsstands, tobacconists, pharmacies, para-pharmacies remain open. In any case, the social distancing of one meter must be guaranteed;
— restaurants, with the exception of canteens and catering; It is allowed delivery service and take away.
— personal services, except those listed in Attachment 2;
— food and beverage services, located inside railway stations, as well as in service and refueling areas, with the exception of those located along motorways, which can only sell take-away products to be consumed outside the premises; those located in hospitals and airports remain open, with the obligation to ensure that the social distancing of at least one meter is respected in all cases.
Throughout the whole of Italy, from 4 to 17 May 2020, the commercial, industrial and production activities are suspended (unless organized remotely or through Smart Working).
— Activities under the Attachment 3, (and ancillary ones needed to ensure the continuity of the production chain, upon communication to the Prefect).
— Public utility services and essential services under Law no. 146/1990 (and ancillary ones needed to ensure the continuity of the production chain, upon communication to the Prefect).
— Production, transport, sales and delivery of drugs, health technology and medical-surgical devices and agricultural and food products, upon communication to the Prefect.
— Systems with continuous production cycle, upon communication to the Prefect.
— Aerospace and defence industry, as well as other activities of strategic importance for the national economy, upon authorization issued by the Prefect.
— Professional activities, for which is is recommended i) the maximum use of agile working methods, ii) the encouragement of paid holidays and leave for employees as well as other instruments provided for by collective bargaining, iii) the application of anti-accounting safety protocols and, where it is not possible to respect the interpersonal distance of one meter as the main containment measure, the adoption of individual protection instruments, iv) that workplace sanitization operations are encouraged, also using forms of social shock absorbers for this purpose.
Where the continuation of the activities is allowed, companies are obliged to comply with the shared protocol of 14 March 2020 (updated on 24 April 2020).
Limitations to travel (until 17 May 2020):
— “only movements motivated by proven work needs or situations of need or for health reasons are allowed and are considered necessary those made to meet a relative keeping the social distancing of at least one meter and wearing masks; in any case, it is forbidden for all persons to move, by public or private transport, to a different Region than the one in which they are currently located, except for proven work needs, absolute urgency or for health reasons and it is always allowed to return home, domicile or residence“
— “People with symptoms of respiratory infection and fever (over 37.5° C) are strongly recommended to stay at home, limit social contact as much as possible and contact their doctor“.
— “complete ban on people in quarantine or who have tested positive for the Coronavirus, from leaving their home, or residence, without exception”.
Holidays and leave (until 17 May 2020): “public and private employers are recommended to encourage employees to use up periods of ordinary leave and holidays, while the decree is in force“.
Smart Working (until 31 July 2020): Confirmed the amendments to the provisions regulating the Smart Working, as provided by DPCM of 25 February 2020 (OJ General Series no. 47) and edited by DPCM of 1 March 2020 (OJ General Series no. 52).
Law Decree no. 9/2020
The Government has also intervened with Law Decree no. 9 of 2 March 2020 on “urgent measures to support families, workers and businesses affected by the COVID-19 epidemic”.
This Law Decree provides for special measures, such as State funded measures and income support for workers in areas affected by the Coronavirus.
In particular, for employers with businesses in the Lombardy districts of Bertonico, Casalpusterlengo, Castelgerundo, Castiglione d’Adda, Codogno, Fombio, Maleo, San Fiorano, Somaglia and Terranova dei Passerini; in Veneto, the district of Vò – or those with businesses outside that zone, employing workers residing or domiciled in those districts, who are unable to work, the decree provides for the following special measures:
— CIGO: Introduction of simplified procedures to apply for CIGO (Italian state-funded redundancy scheme), granting an exemption to companies from having to carry out (the previously mandatory) trade union consultation period, or an ordinary allowance for the suspension or reduction in business, again granting an exemption from the usual obligation of reaching an agreement. The period requested may not exceed 3 months.
— Wages Supplementary Benefit Fund: can be requested by companies to whom the current provisions on suspension or reduction of working hours do not apply. The duration of the suspension of the employment relationship is allowed for a maximum period of 3 months, starting from 23 February 2020, for employees at that date and within the limits of available resources.
— Conversion into CIGO for companies in CIGS (extraordinary Italian state-funded redundancy scheme): companies located in the above-mentioned districts that are already in CIGS, may apply for ordinary redundancy payments, for a period in any case not exceeding 3 months. The granting of the ordinary redundancy fund is subject to the interruption of the extraordinary redundancy fund previously authorised.
— Monthly indemnity of €500 for a maximum of three months and based on the actual period of suspension of the business; for consultants, commercial agents, sales representatives and self-employed or professional workers, including business owners registered with the AGO, who carry out their work in the districts of the above-mentioned districts, or were resident or domiciled there before the entry into force of the Decree Law.
Employers with registered offices, production or operating units in Lombardy, Veneto (excluding the above-mentioned districts) and Emilia Romagna, or employing workers domiciled or resident in the aforesaid Regions, to whom the normal social measures do not apply, may apply for the redundancy fund in derogation, for one month, subject to trade union agreement, retrospectively from 23 February 2020, provided that there has been an actual suspension or reduction in work.
National Labour Inspectorate
Through Bulletin no. 2117, dated 10 March 2020, the National Labour Inspectorate postponed, until after 3 April 2020, all the activities requiring the presence of several persons at its territorial offices, including the pre-emptive settlement procedure under art. 7, Law no. 604/1966.
In this regard the Bulletin clarifies that, when the meeting is yet to be scheduled, the term for the summon (7 days from the receipt of the request) will be respected, and the meeting will be scheduled after 3 April 2020, following those postponed.
Shared protocol for regulating measures to combat and contain the spread of the Covid-19 virus in the workplace
On 14 March 2020, the national trade unions associations signed a protocol providing measures protecting employees (updated on April 24, 2020). In particular, it was agreed as follows:
— Inform all workers and anyone entering the company about the provisions of the Authorities, delivering and/or posting at the entrance and in the most visible places of the company premises, special information leaflets.
— Before entering the workplace, personnel may be subject to body temperature controls (registration of data prohibited and mandatory information notice required). If the temperature exceeds 37.5°, access to the workplace will not be allowed.
— Identify entry, transit and exit procedures for access by external suppliers in order to reduce the risk of contact with personnel in the departments/offices involved. If possible, drivers must remain on board their own vehicles: access to offices will not be allowed.
— Daily cleaning and periodic sanitization of premises, environment, workstations and common and leisure areas.
— Personal hygiene: the company has to provide suitable hand cleaning equipment; frequent hand cleaning with soap and water is recommended.
— DPI: if the work requires working at an interpersonal distance of less than one metre and other organisational solutions are not possible, it is in any case necessary to use masks and other protective equipment (gloves, glasses, overalls, overalls, etc.) that comply with the provisions of the scientific and health authorities.
— Common areas: restricted access, continuous ventilation, reduced stopping time, maintaining a safety distance of 1 metre daily cleaning and periodic sanitization.
— Company organization: closure of all departments other than production, remodulation of production levels, smart working, suspension and cancellation of all travel/work trips.
— Staggered entry/exit times for employees, to avoid gathering.
— Moving around the company premises/sites limited to the bare minimum necessary, meetings not allowed in person. If necessary and urgent, and cannot be conducted remotely, the necessary attendance must be reduced to a minimum and, in any case, interpersonal distancing and adequate cleaning/ventilation of the premises must be guaranteed. All internal events and all training in classroom mode, even compulsory, suspended and cancelled.
— If a person present on the premises develops fever and symptoms of respiratory infection such as coughing, he or she must immediately report this to the personnel office, he or she must be isolated in accordance with the provisions of the health authority as well as others present on the premises, the company shall immediately notify the competent health authorities and the emergency numbers for COVID-19.
— A Committee for the application and verification of the rules of the regulatory protocol is to be established in the company with the participation of the company trade union representatives and the RLS.
— Health surveillance must continue in accordance with the hygiene measures contained in the Ministry of Health’s Manual.
Law Decree no. 18/2020
The Government has intervened with Law Decree no. 18 of 17 March 2020 on “Measures to strengthen the National Health Service and economic support for families, workers and businesses related to the COVID-19 epidemic“.
This Law Decree provides for special measures, such as State funded measures and income support for workers throughout the whole of Italy. Below the main measures:
— CIGO: under “COVID-19 emergency” for 9 weeks, as of 23 February 2020. The information, consultation and joint examination must be carried out, also electronically, within three days after the prior notification.
— Wages Supplementary Benefit Fund: funded by Regions and Independent Provinces, upon union agreement, also electronically.
— Support for workers: 15 days paid leave for working parents, replaceable with € 600 voucher for baby-sitting services; 12 additional days of paid leave for taking care of sick family members; € 600 indemnity for VAT-registered workers and employees in sectors such as tourism, agriculture, entertainment.
— Ban on economic dismissals: individual and collective, until 16 May 2020.
— Suspension of hearings: from 9 March 2020 to 11 May 2020, the hearings of civil and crime lawsuits are postponed after 11 May 2020 (term postponed through Law Decree no. 23/2020).
— Fixed-term contracts: possibility of renewal or extension (also for staffed workforce) even in case of social shock absorbers and non-application of the so-called «Stop&Go».
Law Decree no. 23/2020
— Suspension of fiscal and social security contributions payments;
— Suspension of tax withholdings on agents, business procurers, brokers;
— Fiscal credit for personal protective equipment purchases;
— Extension of the employees receiving the social shock absorbers.