With the increase in the number of infected citizens, in addition to the increase in the number of deaths, in the past weeks and days the Italian government has, last weekend (March 22nd, 2020), introduced their strictest measure yet in order to stop the spread of #COVID-19 pandemic.
With the new Decree of the President of the Council of Ministers (DPCM – Decreto del Presidente del Consiglio dei Ministri) of March 22nd, 2020 LINK there are a number of new restrictions not only on movement but also businesses themselves – in a number of cases leading to temporary closures until April 3rd, 2020.
In must be noted that this DPCM came into effect on Monday, March 23rd – providing the relevant impacted business a few days (until March 25th) to become 100% compliant in case they have some items / work which needs to be completed, such as the shipment of the goods in stock, before a total shutdown can occur. In this DPCM they provided a list of businesses which could continue operations in an Annex to the document (which you will also find at the end of this article).
However, subsequently on the evening of March 25th the Italian government came out with another DPCM LINK which now requires that all business activities, even those which previously could continue operations as per the DPCM of March 22nd (and indicated in the Annex at the end of this article) must suspend all activities by Saturday, March 28th.
For your reference, here below, we have provided a brief summary of some of the points contained in the DPCM of March 22nd which impact Employers in Italy – with notes in red on the more recent updates:
WORK ACTIVITIES THAT MUST CLOSE
- All commercial and industrial activities are suspended with immediate effect. The government is providing a few days – up until March 25th – for companies to become fully compliant if they have outstanding matters which must be completed before total closure can take place. However, if the types of activities outlined above can be organised by Smart Working / Lavoro Agile – then there is a possibility that the business can continue to operate.
- Places of cultural interest, such as museums and public gardens, will remain closed to the public. However, services related to the business, such as security and office work, can continue if required if the safe distances of 1 meter are respected and / or Smart Working / Lavoro Agile is applied.
WORK ACTIVITIES THAT CAN STAY OPEN UNDER THE DPCM OF MARCH 22nd
BUT NOW MUST CLOSE BY MARCH 28th UNDER THE DPCM OF MARCH 25th
- The Italian government included a list of activities that can remain in an Annex to the DPCM of March 22nd, 2020. We have provided a summary of these activities at the end of this article, also as an Annex.
Please not that any activities which are functional to ensure the continuity of the supply chains of the activities referred to in Annex 1 are permitted to operate as well – but only with the authorisation of the Prefect of the area where the production activity is located.
- Businesses that are involved in the production, transport, commercialization, and delivery of pharmaceutical products, medical technology, in addition to medical and surgical devices can continue to operate as normal as long as they follow the specific health and safety protocols for
- Business that are involved with the production of agriculture and food stuffs can continue to operate as normal as long as they follow the specific health and safety protocols for the pandemic.
- Professional activities, such as journalism, lawyers and architects, can continue to operate as normal as long as they utilize Smart Working / Lavoro Agile.
- Businesses operating in the aerospace and defence industries are allowed to continue to operate, as well as other activities of strategic importance for the national economy – but only subject to authorization by the Prefect of the area where the production activities are located. Here to, operations can only continue only if they follow the specific health and safety protocols for the pandemic.
- Activities where there is a continuous production cycle in plants are permitted, where a closure may result in danger or an accident may continue to operate subject to communication to the Prefect of the area where the production activity is located – and their granting of permission.
- Public utility services in Italy are also allowed to continue to operate with the permission of the Prefect of the area where the production activity is located.
- It is forbidden for people to travel or change locations using public or private transportation to a different town where they currently find themselves / have residence.
- The exception to this is if they must travel for work purposed due to an urgent situation or for serious health reasons.
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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