LAVORO
With
Decree-Law no. 6/2020 in force since 23 February 2020 (OJ no. 45
of 23/2/2020) on "Urgent measures for the containment and management of
the epidemiological emergency deriving from COVID-19", the government
has been authorised to take containment and management measures on the spread
of the virus in certain sensitive areas (namely 10 municipalities in Lombardy
and 1 in Veneto). In implementation of the Decree-Law no. 6/2020, the Council
of Ministers has provided for provisions regarding business activities,
including the suspension of the performance of work for all workers residing or
domiciled, even de facto, in the municipality or area affected by the measure,
even if such work takes place outside of the municipality or area indicated. In
addition, Art. 3 of the aforementioned Council of Ministers Decree provides for
the application of smart working "automatically to every
employment relationship within areas considered at risk, even in the
absence of individual agreements", thus imposing remote work without
the need to formalise individual agreements with employees. It is the first
special provision of labour law that aims to face the emergency, though it
currently only applies to municipalities considered most at risk. Companies
that do not fall within the scope of the PMD will still be able to assess
appropriate actions to be taken by applying the general rules on the
impossibility of work performance, the use of income support tools (CIGO and
FIS) and health and safety in the workplace with regard to biohazard
prevention.