The Decree extends to 15 October, the measures contained in the Decree of the President of the Council of Ministers (Dpcm) of 7 September 2020 and extends to 31 January 2021, the provisions already in force providing the possibility for the government to adopt measures to contain and counter the health risks arising from the spread of SARS-CoV-2. The decree also introduces the obligation to wear masks indoors and outdoors, other than in private homes, and extends the period of use for the Immune App. Below is a summary of the main contents of the Decree:
Use of Masks
The Decree introduces the obligation to always carry respiratory protective equipment. The masks must be worn not only in closed places accessible to the public, but more generally in indoor places other than private homes and also in all outdoor places. An exception to these obligations is made, both indoors and outdoors, in cases where, due to the characteristics of the place or the factual circumstances, the condition of isolation from non-residents is continuously guaranteed. This is without prejudice to the anti-accounting protocols and guidelines provided for economic, productive, administrative and social activities. In the workplace, therefore, the current safety rules continue to apply, without prejudice to the guidelines for the consumption of food and drink. Children under six years of age, people with pathologies or disabilities incompatible with the use of masks, and those who interact with the latter, are excluded from adhering to these obligations. The use of a mask will not be mandatory during the performance of sports activities.
Derogations to Regions
The Decree also intervenes on the power of the Regions to introduce measures derogating from those provided for at national level, pending the adoption of the decrees of the President of the Council of Ministers. It is provided that the Regions, within the limits of their regional powers and the provisions of Decree-Law no. 33 of 2020, may temporarily introduce more restrictive measures, i.e., in the sole cases and in compliance with the criteria provided by the Dpcm, even amplifying them. In this case, an “agreement” with the Minister of Health is envisaged.
Extension of the Provisions in Force
The provisions already in force, which provide the possibility for the government to take measures to contain and counter the health risks arising from the spread of SARS-CoV-2 are extended to 31 January 2021. In relation to the epidemiological trend and according to the principles of adequacy and proportionality to the risk actually present, these measures may be established for specific parts or for the entire national territory and for predetermined periods, each lasting no more than thirty days, in any case repeatable and modifiable.
Extension of the DPCM of 7 September 2020
Pending the adoption of a new DPCM following the introduction of the new rules, the validity of the Dpcm of 7 September 2020 is extended until 15 October 2020.
The Decree of 7 September provides for the following:
- extension until 7 October the requirements introduced in August (DPCM 7 August 2020):
- obligation to use masks, even outdoors where it is not possible to guarantee spacing;
- obligation of distance of at least one meter;
- prohibition of assemblage;
- maximum capacity of public transport of 80%;
- obligatory buffer for those coming from Malta, Spain, Croatia and Greece;
- compulsory quarantine for those coming from Bulgaria and Romania.
The Dpcm also allowed the entry into Italy of people from countries for which entry was previously prohibited (Bosnia, Macedonia, Kosovo, Montenegro and Serbia, Moldova, Brazil, Chile, Peru, Panama, Dominican Republic, Oman and Kuwait), provided that they demonstrate the need to reunite with a person, (not necessarily cohabiting) with whom they have a “proven and stable emotional relationship”. In any case, self-certification is necessary and quarantine is mandatory.
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 info@lablaw.com 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 m.bani@lablaw.com or visit www.lablaw.com.
For more information please contact Joseph Granato, Communications Manager at L&E Global at joseph.granato@leglobal.org.