By Francesca Tironi, Giulia Spalazzi and Valentina Panettella
Following the initiatives of some Regions, first and foremost Lombardy, a new Decree of the President of the Council of Ministers has been enacted late yesterday evening, March 22, 2020, with new urgent measures to limit spread of infection on the national territory (for the complete text of the measure see: https://www.gazzettaufficiale.it/eli/id/2020/03/22/20A01807/sg)
In particular, as of 23 March 2020 and until 3 April 2020 all industrial and commercial production activities are suspended, with the exception of the following:
- of the activities listed in Annex 1 contained in the Prime Ministerial Decree and identified by their Ateco codes;
- production chains and “functional” activities to those listed in the annex 1, provided that the company provide the local governmental office (Prefettura) with a list of companies or administrations benefiting from the products and services related to the allowed activities;
- essential and public utility services;
- production, transport, marketing and delivery of pharmaceuticals, health technology and medical-surgical devices as well as agricultural and food products and any other activity relevant to deal with the emergency;
- activities with continuous cycle plants from the interruption of which a serious damage to the plant itself or a danger of accidents derives, subject to notification to the Prefettura;
- activities of the aerospace and defence industry as well as other strategic activities for the economy, subject to authorisation from the Prefettura.
In any case, for the activities allowed subject to authorisation by the Prefettura of the province where the production activities are located, the activity may be suspended if Prefettura deems that the conditions for the exercise do not exist.
The non-suspended activities must, in any case, comply with the contents of the Regulatory Protocol of measures to prevent and limit the spread of Covid-19 signed between the Government and the Social Parties on 14 March last (including: maximum use of smart working; suspension of activities in non-essential departments; adoption of measures aimed at preventing the spread of the virus; distance of at least 1 meter between each individual; sanitization of workplaces and adoption of suitable PPE – for a summary of the measure see: http://www.salute.gov.it/portale/nuovocoronavirus/dettaglioNotizieNuovoCoronavirus.jsp?lingua=italiano&menu=notizie&p=dalministero&id=4237.
Companies that are suspended may complete the activities necessary for the suspension by 25 March 2020, including the dispatch of the goods in stock.
In any case, suspended activities may continue, where possible, by remote or agile work.
The Prime Ministerial Decree dated March 22, 2020, also extended the terms of the Prime Ministerial Decree dated March 11 as well as the Order of the Ministry of Health dated March 20, moreover individuals are prohibited from relocating or moving, by public or private transport, from the municipality in which they are currently located, unless there is a proven need relating to work, absolute urgency or to health reasons. As in recent weeks, these needs must be subject to valid self-certification.
For all companies that should, from today’s date until next April 3, suspend their activities, it is possible to have recourse to the social shock absorbers provided for by Law Decree 18/2020 and – limited to companies based in the Lombardy, Veneto and Emilia Romagna Regions – by the regional measures recently issued.
For a deeper discussion please contact:
PwC TLS Avvocati e Commercialisti
Labour Law – Associate Partner
PwC TLS Avvocati e Commercialisti
Labour Law – Senior Manager