24 February

LAVORO

COVID-19 (novel coronavirus) emergency and risk management for companies: smart working is mandatory, even without an agreement

24/02/2020

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.