Covid-19. The Relaunch Decree, as seen above, provided a number of interventions for the generality of businesses and some measures aimed at specific sectors. After examining what is of primary interest to the agribusiness sector, the measures aimed at workers and families are analyzed.
Safety distances and surgical masks.
First of all, the need to ensure the health of workers against the risk of Covid-19 infection through scrupulous adherence to safe distances is reiterated. Where working conditions do not allow for a distance of one meter from other people, the requirement to wear suitable surgical masks is specified instead.
Surgical masks must be worn by all workers, including volunteers-even those outside the health care sector-as well as domestic and family service workers (Art. 66).
Occupational safety and protection from contagion. INAIL Support
INAIL promot es extraordinary interventions to facilitate the implementation of the regulations (established in Protocols 11.3.20 and 24.4.20) on the prevention of Covid-19 infection in the workplace (Art. 95).
Businesses, including agricultural and artisan businesses, can receive a grant of up to €15,000 (<9 employees). That is, € 50,000 (10-50 employees), or € 100,000 (>50 employees). In relation to expenses incurred for the purchase of PPE (personal protective equipment), as well as equipment and appliances aimed at:
– Isolate or distance workers,
– Distancing workers and users,
– Sanitize workplaces,
– Control access to workplaces,
– measuring temperatures.
Ordinary and derogation redundancy fund, extensions and lapses
Workers are targeted by the measures contained in Title III of the Revitalization Decree (DL 19.5.20 No. 34). In substantial continuity with the provisions of the ‘Cura Italia’ decree (DL 17.3.2.20 no. 18, converted into Law 27/20). With some shorter extensions and lapses.
Employers who have benefited from ordinary wage supplementation or ordinary allowance with the cause ‘COVID-19 emergency‘, for 9 weeks (pursuant to DL 18/20, Art. 19), have the opportunity to benefit for an additional 5 weeks by 31.8.20.
If the work activity cannot restart, there is an additional period of up to 4 weeks (from 1.9.20 to 31.10.20).
In the sectors of tourism, fairs and conventions, amusement parks, live entertainment and movie theaters only, the above 4 weeks can also be taken before 1.9.20, provided that the measure has been fully utilized for the 14 weeks previously granted.
▶️NB: Applications must be submitted by the end of the month following–no longer the end of the fourth month following–the month in which the period of suspension or reduction of work began. If the suspension or reduction of activity occurred during the period between 23.2.20 and 30.4.20, the application must be submitted by 31.5.20. The budget for bilateral alternative solidarity funds increases from 80 million to 1.1 billion (Art. 68, 69).
The cassa integrazione in deroga is also extended for an additional 5 weeks to those who have fully taken advantage of the 9 weeks already granted. It can be extended by an additional 4 weeks in the tourism, fairs and conventions, amusement parks, live entertainment and movie theaters sectors (Art. 70). With more news:
-the extension is granted directly by INPS, without having to go through the regions,
-INPS advances payment within 15 days of receipt of applications, for 40 percent of the authorized hours over the entire period,
▶️ the application must be submitted by the 15th day after the beginning of the period of suspension or reduction of work, by 18.6.20 by companies receiving wage subsidies and ordinary allowance (Art. 71).
Measures for workers with minor children
The leave provided for employees with children aged <12 years or with disabilities increases from 15 to 30 days and is subject to an allowance equal to 50 percent of pay.
▶️ The period can be taken, either continuously or fractionally, by 7/31/20.
Employees with children <16 years old–provided there is no other parent in the household who is a beneficiary of income support instruments or there is no other non-working parent–are entitled to abstain from work for the entire period of daycare and school suspension. With a prohibition against dismissal and the right to job retention, but with no allowance of any kind or recognition of any allowance.
As an alternative to leave, parents can take advantage of one or more bonuses for the purchase of babysitting services up to an overall limit of €1,200. Or alternatively, for proven enrollment in summer centers, supplementary childcare services (and/or innovative early childhood services), territorial socio-educational services, centers with educational and recreational functions. ▶️ The bonus must be used by 7/31/20.
In the public sector alone, employees working in the medical, health, biomedical fields-as well as in security, defense and public rescue-are instead entitled to a larger bonus (up to €2,000) for baby-sitting children <12 years old (Art. 72).
Until the termination of the state of health emergency from Covid-19, employed parents in the private sector who have at least one child <14 years old are entitled to perform work in agile mode. Even in the absence of individual agreements, but provided that this mode is compatible with the characteristics of the service (Art. 90).
Third Sector
The Third Sector Fund is increased by € 100 million. Also to enable voluntary organizations, social promotion associations and third-sector foundations to cope with the social and welfare emergencies brought about by the COVID-19 epidemic, recognized the significant impact on target communities (Art. 67).
The disbursement of € 50 million for the purchase of devices and other personal protective equipment, already provided by the decree for companies under Article 43 of Decree 18/2020 are extended to the Third Sector, namely (Art. 77).
The fund for income of last resort–to provide support for employees and self-employed persons who have reduced, suspended or terminated their employment or relationship due to the epidemic crisis–is increased from 300 million to 1.150 billion.
Layoffs
Procedures for dismissals on objective grounds, as well as those for appeals against dismissals, are suspended for a period of 5 months. An employer who has proceeded to terminate the employment contract for justified objective reasons may revoke the termination at any time, provided that he or she simultaneously applies for wage compensation treatment. In such a case, the employment relationship is deemed to be restored without interruption, without charge or penalty to the employer (Art. 80).
Emergency income
Emergency income (Rem) is established as an extraordinary income support measure for households in economic need as a result of the epidemiological emergency (Art. 82).
The requirements to be met cumulatively at the time of application to qualify for the benefit are:
– residence in Italy of the applicant,
– Family income, in April 2020, less than the amount recognized as Rem,
– family real estate assets year 2019 <10,000 euros, increased by 5,000 euros for each member after the first, up to a maximum of € 20,000. The ceiling is increased by an additional 5,000 euros if there is a member in the household who is severely disabled or non-self-sufficient,
– An ISEE value <15,000 euros.
Rem is incompatible with the presence in the household of members receiving other allowances and benefits and with:
– direct or indirect pension, with the exception of ordinary disability allowance,
-Employment relationship, with gross remuneration above Rem,
-perception of the so-called citizenship income.
Prisoners and inmates in long-term care institutions or other residential facilities paid for by the government are also excluded from receiving Rem.
Each Rem share is equal to €400 multiplied by the ISEE equivalence scale parameter that assigns a value to each household member, up to a maximum of €800 per household. With possible increase up to 840 euros (Rem x 2.1) if there are members in the household who are severely disabled or non-self-sufficient.
▶️ Applications must be submitted by 6/30/20 through the appropriate form. The benefit will be disbursed by INPS in two equal installments. The spending limit for the disbursement of Rem is 954.6 million euros, for the year 2020, which will be put into an ‘Emergency Income Fund’.
Health Surveillance
Workers most at risk of infection-because of age or risk conditions related to immunocompromise, outcomes of oncological diseases, performance of life-saving therapies or comorbidities-must come under exceptional health surveillance. By public and private employers, until the state of emergency ends (Art. 83). However, the state of emergency remains set to July 31.7.20 (Art. 14).
Allowance
The 600-euro allowance already granted in March 2020 is renewed for April (Art. 84). In favor of:
– freelancers with an active VAT number as of 23.2.20 and workers with a coordinated and continuous collaboration relationship enrolled in INPS separate management,
– Self-employed workers enrolled in the special management Ago (General Compulsory Insurance),
– Seasonal workers in tourism and spas who involuntarily terminated their employment during the period from 1.1.20 to 17.3.20.
An allowance of 600 euros is then granted, for the months of April and May 2020, to self-employed workers and employees who have ceased or reduced or suspended their activity or employment relationship due to the epidemiological crisis. In particular:
– seasonal employees, outside of tourism,
– Intermittent workers who have done at least 30 days of work between 1.1.19 and 31.1.20,
– Self-employed workers without a VAT number,
– home sales representatives.
The same allowance for the months of April is provided for:
– Workers enrolled in the Performing Arts Workers’ Pension Fund.
– sports workers, up to a maximum of 200 million euros for the year 2020.
This aid is not granted to those who receive other income from work or citizenship income.
1,000 euros in allowances are awarded for the month of May to:
– freelancers who have experienced, in the second two months of 2020, a reduction in income >33% compared to the same period in 2019,
– Holders of co.co.co. relationships. enrolled in separate management of INPS, who have ceased employment as of 19.5.20,
– Seasonal employees of tourism and spas who have involuntarily terminated employment between 1.1.20 and 17.3.20.
An allowance of €500, for April, is paid to:
– to fixed-term agricultural workers who have performed at least 50 actual days of agricultural work in 2019 (and for the month of March have received the allowance of €600),
– Domestic workers not living with the employer who have one or more active employment contracts as of 23.2.20 for >10 hours per week (Art 85).
▶️ The application for allowance must be submitted by 3.6.20.
Fixed-term contracts, renewal as an exception
Fixed-term subordinate labor contracts can be extended or renewed-as an exception to Article 21 of DL 81/15-until 08/30/20. With the aim of simplifying the restart of activities following the emergency, also taking into account their suspensions (Art. 93).
Regularization of undeclared work and migrants
The emersion of undeclared labor and the regularization of migrants are provided for, within circumscribed limits, in Article 103 of the Relaunch Decree. Procedures can be triggered by both employers and workers.
The employer may enter into a new contract of employment with foreign nationals present in Italy as of 8.3.20 and remaining there. That is, to declare the existence of an ongoing irregular labor relationship with Italian or foreign nationals. Relating to;
– Agriculture, livestock and animal husbandry, fisheries and aquaculture, and related activities,
– personal care for themselves or members of their family, even if they are not cohabiting, suffering from diseases or disabilities that limit their self-sufficiency,
– Domestic work to support family needs. A contribution of €500 per worker is to be paid, in addition to a lump-sum contribution for amounts due for wages, contributions and taxes.
Foreign citizens holding a residence permit that expired after Oct. 30, 19 can in turn apply for a six-month residence permit in Italy by paying a fee of €130. Again, those concerned must have been present in Italy since 8.3.20 without interruption and have carried out activities in one of the areas indicated. Agriculture, livestock and animal husbandry, fisheries and aquaculture, personal care and domestic work. If in the following six months the worker succeeds in obtaining a regular contract, the temporary permit converts to a work permit.
According to estimates, there will be about 170,000 applications from employers in order to bring out undeclared workers and 44,000 applications from foreign nationals with expired residence permits. Instead, the state coffers would have revenue of 94 million euros.
▶️La application is to be proposed from 1.6.20 to 15.7.20 at INPS, for EU citizens, at the Single Desk for Immigration or at the police headquarters for foreign citizens.
The grounds for inadmissibility of the application:
– Conviction of the employer within the last 5 years (even by non-final judgment) for aiding and abetting illegal immigration to or from Italy. Or for crimes related to the recruitment of people for prostitution, exploitation of prostitution or minors to be used in illegal activities,
– previous deportation of the foreign national, his or her reporting for the purpose of non-admission to Italy, even non-final conviction for crimes related to narcotics, aiding and abetting illegal immigration, recruitment of persons for prostitution or minors for illegal activities.
Dario Dongo and Alessandra Mei
Notes
(1) Decree Law May 19, 2020, no. 34. Urgent measures on health, labor and economic support, and social policies related to the epidemiological emergency from COVID-19. (20G00052). In Official Gazette General Series 19.5.20, no. 128
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Law from the University of Bologna, she attended the Master in Food Law at the same University. You participate in the WIISE srl benefit team by dedicating yourself to European and international research and innovation projects.
