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.

Employers need to do their part during the COVID-19 outbreak in order to preserve the psychological and physical wellbeing of employees.

Employers can carry out temperature screenings of employees and conduct health surveys regarding their most recent instances of “close contact” as preventive measures against the COVID-19 outbreak.

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”.

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