New Law by Decree no. 125/2020, entered into force on October 8, 2020, provided for:
The new Prime Minister’s Decree of October 13, 2020 tightened restrictions in Italy in order to stem a resurgence in virus cases, as follows:
Q. Is it still possible to request Governmental Salary Integrations due to the Covid-19 emergency?
A. Yes, companies can apply for 18 weeks of Governmental salary integrations to be used in the period from Jul 13 to December 31, 2020 (pursuant to legislative Decree No. 104/2020, which entered into force on August 15, 2020).
While the first 9 weeks of Governmental salary integrations are free for all companies, companies may have to pay a fee in order to use the remaining 9 weeks. The additional 9 weeks are free only for companies that had a reduction of more than 20% of their turnover in the first semester of 2020 as compared to the first semester of 2019.
Alternatively, companies not applying for the 18 weeks of Governmental salary integrations, may request an exemption from social security contributions, provided that they have already benefited from governmental salary integrations in May and June 2020.
Q. Is the termination ban still in force?
A. Yes. Companies are not allowed to start collective dismissal procedures or to proceed with individual dismissals for justified objective reasons, unless they have fully benefited from governmental salary integrations or the exemption from social security contributions.
Pursuant to Italian law, employees have the right to perform the working activity for which they were hired.
In fact, work is considered as a means to express the personality of each citizen, as well as the professional dignity of an employee.
Therefore, as stated by Court of Cassation with the judgement no. 20466/2020, the employer cannot leave its employees in a state of inactivity, because it would infringe on their right to work. In cases of inactivity, the employer is required to compensate the non-material damage (due to the stress and loss of occupational skills) caused to the employees, on the basis of the severity and duration of the forced inactivity.
Pursuant to article 2087 of the Italian Civil Code, an employer is required to adopt the necessary measures to protect the physical integrity and moral personality of its employees.
Pursuant to recent Court of Cassation no. 16869/2020, an employee claiming damages suffered as a result of the violation of article 2087 of the Italian Civil Code by the employer, shall prove the damage and its causal link to the performance of working activity.
On the other hand, the employer must prove that the damage was due to a cause not attributable to him, since he took all possible measures to avoid the damage in light of existing technical knowledge, and that the damage was the result of an unexpected and unpredictable event.