With message No. 3653 of October 9, 2020, the Italian National Social Security Institute (INPS) clarified several particularly critical issues relating to the management of employees in quarantine and the relevant social security.
By means of Law Decree No. 137/2020 (the “Law Decree”), known as the “Decreto Ristori,” the Italian government is extending the emergency measures adopted via the August Decree in order to contain the negative effects of the second wave of infection on the employment marketplace.
By means of Law Decree No. 34 of May 19, 2020, known as the “Decreto Rilancio” (the “19 May Decree”), and the new provisions on health and safety protocol (the “H&S Protocol”) executed on April 24, 2020, new measures have been put in place that deal with the reopening phase (commonly known as Phase 2) and the effects of the lockdown on business over the next few months.
Emergency decrees has been issued to tackle the spread of Coronavirus in “red zones” and other risk areas: “smart working”, allowing employees to work remotely, may be implemented even absent previous agreement between the parties (which is, generally, instead a prerequisite). In compliance with the general obligation to preserve employees’ health, employers must identify alternative measures to minimize risk of infection and preserve the earning capacity of employees not working “smartly”.