In order to deal with the health emergency from Covid-19, multiple measures have been issued, contained in particular in DPCM Decree No.18/2020 (which extended to the entire national territory the measures initially provided for the so-called “red areas”), DPCM Decree No.34/2020 (the so-called Re-launch Decree) and DPCM Decree No.104/2020 (the so-called August Decree).
Remote work
The use of remote work as a result of the health emergency by COVID-19 is mandatory only with regard to the public work sector (now in the amount of 75 % of workforce).
With reference to the private sector, the option of remote work is strongly recommended to employers until June 30, 2021, even in the absence of individual agreements provided for by current legislation. The right to perform the work activity in agile form (provided that there is no other non-worker parent in the family and that the work activity does not necessarily require the physical presence) is given to parents with at least one child with severe disabilities or parents of children under the age of 14, and to employees suffering from severe disability, risk arising from immunodepression as an outcome of oncological diseases or performance of related life-saving therapies or having a family member in such situations.
Extension of fixed-term contracts
The DPCM Decree No.104/2020 allows for the renewal or extension of fixed-term employment contracts in the private sector (for a maximum period of 12 months and only once), by an action taken by December 31, 2020, even in the absence of the conditions (so-called causal) required by current legislation.
Prohibition of dismissal
The DPCM Decree No. 18/2020, as amended by the DPCM No. 34/2020, had initially provided a suspension of both individual dismissals for justified objective (i.e. economic) reasons and collective dismissals for a period of 5 months from March 17, 2020. Subsequently, the DPCM No. 104/2020 extended this prohibition under the condition that the employer has not fully benefited from the salary integration treatments recognized for periods from July 13 to December 31, 2020 due to the health emergency by COVID-19 (or the contribution exemption recognized to those who do not benefit from the above treatments). Exceptions to this temporary prohibition are provided in case of dismissal for definitive cessation of the company’s activity or bankruptcy.
Employer’s responsibility in case of contagion
The employer is required to adopt specific anti-Covid safety protocols in the workplace to protect workers’ health. The employer’s failure to comply with safety obligations allows the worker to abstain from work without losing the right to remuneration. With reference to the boundaries of the employer’s responsibility in case of infection with Covid-19, the DPCM Decree No.18/2020 confirmed the general principles according to which infectious diseases contracted at work (excluding those framed as occupational diseases) are considered accidents at work for the purposes of compulsory insurance. The INAIL Circular No. 22 of 2020, anticipating the contents of DPCM Decree No.23/2020, clarified that the employer’s liability can be assumed only in case of violation of the law or obligations arising from experimental or technical knowledge, which in the case of the emergency from COVID-19 can be found in the protocols and guidelines (coming from the central or regional governement) referred to in Sect. 1, paragraph 14 of the DPCM Decree No. 33/2020, adopted in order to prevent or reduce the risk of contagion in the reference sector.
Social shock absorbers
Various procedural simplifications, derogations from the limits of duration and exemptions (total or partial) from the payment of contributions were introduced for salary integration treatments (CIG ordinary and in derogation), and ordinary allowance justified by suspension or reduction of work due to the health emergency.
Contribution relief
The DPCM Decree No.104/2020 introduced some tax relief in favor of employers as a result of the difficulties related to the epidemiological emergency (contribution exemption in favor of employers who do not require salary integration benefits; contribution exemption for permanent and temporary hiring in specific sectors; contributory aid for employment in disadvantaged South Italy areas. From October 1, 2020 to December 31, 2020, a partial contribution exemption is provided, equal to 30% of contributions due, in favor of private sector employers operating in specific regions (Abruzzo, Basilicata, Calabria, Campania, Molise, Puglia, Sardinia, Sicily), subject to the authorization of the European Commission.
Parental leave
The DPCM Decrees No.18/2020 and No.34/2020 introduced a series of measures aimed to deal with the suspension of educational services for children and educational activities in schools of all levels following the epidemiological emergency. In particular: to public and private employees and to self-employed workers enrolled in the separate INPS management (provided that there is no other parent in the household who is the beneficiary of income support instruments, or unemployed) a special leave is granted, continuous or fractioned, of a total duration not exceeding 30 days, for children not older than 12 years (or even older in the case of children with severe disabilities), with an allowance equal to 50 percent of pay. As an alternative to the above benefits and under the same conditions, self-employed workers enrolled in the private funds can benefit from a voucher for the purchase of baby-sitting services up to a total maximum limit of 1,200 euro, raised to 2,000 euro for employees in the healthcare sector (public and private). Besides, private employees having children under the age of 16 (provided that there is no other parent who is a beneficiary of income support instruments, or unemployed) have the right to abstain from work for the period of suspension of childcare services and educational activities.
Milan, 20 October 2020
Avv. Laura Palumbo
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