Insights

The Court of Bologna, in its judgment No. 2759 of 23 April 2020, clarified the correct application and scope of Article 39 of Decree Law 17/2020 (so-called “Cura Italia Decree“), converted into Law 27/2020, stating that the disabled worker is entitled to carry out his/her job duties remotely (i.e. under the “remote working” regime). Facts ....

An amendment to the Liquidity Decree was approved in the House Committee on 21 May last, which relieves employers of any liability whatsoever in the event that employees should contract COVID-19 in the company, provided that the relevant protocols are followed. The amendment states, verbatim, that: “For the purposes of safeguarding against the risk of ....

The so called “Decreto Rilancio” provides with also rules relating to health and safety at work. First of all, to facilitate the phase of the business continuity and restart, Decreto Rilancio establish two tax credits in favor of the employer that carries out intervention in order to prevent the contagion and to limit the risk ....

The fragmented regulatory framework is creating long delays and difficulties for multi-localized companies in accessing the derogated social shock absorbers (in Italian “Cassa integrazione Guadagni in deroga”, CIGD). The regulatory framework imposes on these companies conditions that are incomprehensibly more restrictive and procedures more complex for access to social shock absorbers than, for example, for ....

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 ....

D.L. 23/2020 was published in the Official Gazette on 8 April. It contains credit and tax support measures for Italian companies (“Liquidity Decree”). The measures include government guarantees on loans from banks where companies have signed loan agreements. The guarantee is provided by a company 100% controlled by the Ministry of Economy and Finance (“SACE ....

The tools used by the remote worker (e.g. laptops and smartphones) to perform their work allow a constant and continuous availability and connection, not only potential but in fact, constant and continuous. And this would risk to compromise the balance between professional and private life which is one of the requirements of remote work. The ....

With the provision of Article 42, paragraph 2, of Decree Law no. 18 of March 17, 2020 (converted, with amendments, by Law no. 27 of April 24, 2020), now known as the “Cura Italia” Decree, it has been definitively sanctioned the assimilation of contagion at work from COVID 19 to an accident at the workplace. ....