With the introduction of the Decree of the President of the Council of Ministers (DPCM – Decreto del Presidente del Consiglio dei Ministri) of March 22nd, 2020 LINK people are now prohibited from travelling outside of their local area (more specifically their municipality) without a very good reason – which are outlined below.
In order to enforce these measures the Italian authorities have set up roadblocks throughout the country to ensure that everyone is adhering to the regulations. As part of this process, if stopped at a police check point one will have to sign an auto-certification declaring the reason for the need to travel outside of one’s local area.
The authorities have just issued a new auto-declaration form – on March 26th, 2020 – which is available for download here. This document is to be used at all times when a person needs to travel using private or public transportation – both within and outside of their municipality.
This new document asks the signatory to confirm the following points:
- The address of both their residence and their domicile
- Telephone number
- That they are not COVID-19 positive or under quarantine in any way.
- That they are knowledgeable of the key points of Legislative Decree of March 25th 19 – concerning the limitations on people to travel within Italy.
- That they are knowledgeable of local Regional rules concerning the limitations of the movement in the areas that are travelling to and from.
- An indication of the point of the start of their travel and their final destination.
- The reason for their need to travel which can include:
- For proven work requirements
- For medical reasons
- For assistance to a relative or someone with disabilities
- Assisting someone with an urgent need
- The custody of minors
- Reporting of crimes
- Returning from overseas
- Other urgent reasons
Those who need to travel to a different municipality for work purposes must be able to demonstrate not only that they are either going to or returning from their place of work – but also that there is a proven need for them to be on site at the workplace. For this we propose that the employer supplies the relevant employees with a document printed on company letterhead confirming that they are indeed an employee of the company and that their presence is definitely required during this period at the place of work. In addition it is advisable to indicate the address of the workplace and also, where possible, the hours
It is also recommended that, in addition to the new auto-certification document and the letter from the company confirming employment and the proven requirement to be at the workplace, the impacted employees also travel with a copy of a recent payslip and any security badges or other documents which would confirm them as an employee of the said company. This is to ensure that they have all of the documents required to go to, and to return from work, if there is any police control.
If for whatever reason an employee is not permitted to continue his/her journey to work due to a police control – he/she should be advised to follow the instructions of the authorities and to return home. In these situations they should alert their employers immediately upon return to their residence or domicile.
False statements made on these forms could potentially lead to a fine. fine.
It should be noted that a new DPCM was passed on March 24th which introduces a fine of between Euro 400 and Euro 3000 for people who are discovered to be outside of their residence or domicile without one of the justified reasons above. For those caught travelling without a justified reason in either an automobile or on a motorbike then the fines can be up to Euro 4000. A subsequent intervention by the authorities, with the DPCM of March 25th, has added a fine of Euro 500 – Euro 5000 and the possibility of 3-18 months of prison time for anyone who is caught breaking a medical quarantine.
There were considerations that automobiles and motorbikes might be sequestered if people were caught travelling without a justified reason. Luckily, for the moment this has not been included in this latest DPCM – however, it should not be ruled out as a possibility in the future.
It would be very prudent if employers ensure that their workforce is fully aware of the latest regulations, especially if they are using company vehicles for transportation, and also to ensure that they fully comply with the law and the requests of the authorities – even if this requires them to return to their residence / domicile instead of reaching the workplace.
COVID-19 is turning out to be an opera with many acts still to be seen. This is just a brief summary of the latest initiatives by the Italian Authorities to quell the pandemic which is creeping across the peninsula.
LABLAW will continue to provide you with updates as the situation unfolds in order to ensure you can manage your workforce, and hence. Please do not hesitate to contact us on + 39 02 30 31 11 or at firstname.lastname@example.org if you have any questions. For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Michela Bani (Partner) of LabLaw at email@example.com or visit www.lablaw.com.
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