New labor protection measures published in the Official Gazette – Hot

New labor protection measures published in the Official Gazette

The Decree Law 21 October 2021, n. 146 on “Urgent measures in economic and fiscal matters, to protect the workplace and for non-postponable needs”. Below are the main changes provided by the provision on labor and the protection of the health and safety of workers. Active surveillance of private sector workers (art. 8) Speaking on art. 26 of Legislative Decree no. 18/2020 (converted with amendments into Law no. 27/2020), the new Law Decree provides that:

  • until 31 December 2021, the period spent in quarantine with active surveillance or in fiduciary home permanence with active surveillance by employees in the private sector, is equivalent to illness and cannot be counted for the purposes of the period of employment (Article 26, paragraph 1, Legislative Decree no. 18/2020, converted with amendments into Law no. 27/2020);
  • from January 31, 2020 to December 31, 2021 for the protections established by art. 26 of Legislative Decree no. 18/2021, the employers of the private sector, with pension obligation at Gestioni INPS (except for domestic employers), are entitled to a lump-sum reimbursement for expenses incurred relating to its own employees who are not entitled to ‘ economic health insurance with INPS. In particular, for each calendar year, a one-off reimbursement of € 600.00 is recognized for each individual worker and only in cases where the work cannot be carried out in smartworking (Article 26, paragraph 7 bis, Legislative Decree no. 18/2020, converted with amendments into Law no. 27/2020).

 Parental leave (Article 9)

  • until 31 December 2021, the employee parent of a cohabiting child under the age of 14, alternatively to the other parent, can abstain from work for a period corresponding in whole or in part to the suspension of teaching or educational activity in presence, at the duration of the child’s SARS-CoV-2 infection, as well as the length of the child’s quarantine following contact wherever it occurred. The same benefit is recognized for parents with children with disabilities in a serious situation (Article 3, paragraph 3, Law No. 104/1992), regardless of the age of the child, for the duration of the child’s SARS-CoV-2 infection, as well as for the duration of the quarantine or in case of suspension of teaching or educational activities in the presence or in the event of closure of day care centers attended by the child. Furthermore, this leave can be taken on a daily or hourly basis and, for periods of abstention, an indemnity equal to 50% of the salary is recognized in place of the salary, with coverage of the notional contribution (paragraphs 1 and 2);
  • the possible periods of parental leave (referred to in Articles 32 and 33 of Legislative Decree. n. 151/2001), enjoyed by parents from the beginning of the school year 2021/2022 until the date of entry into force of Decree Law, during periods of suspension of didactic or educational activity in the presence or closure of day care centers, for the duration of the SARS-CoV-2 infection or quarantine of the child, can be converted into the above leave described, with the right to the relative indemnity, and are not counted or compensated by way of parental leave (paragraph 3);
  • in the case of children aged between 14 and 16, one of the parents, alternatively to the other, has the right, under the conditions described above (paragraph 1, first sentence), to abstain from work without payment of remuneration or allowance, nor recognition of notional contribution, with prohibition of dismissal and right to keep the job (paragraph 4);
  • working parents enrolled exclusively in the separate management (art. 2, paragraph 26, Law 335/1995) have the right to take advantage of a specific leave for cohabiting children under the age of 14, with recognition of an allowance. The same allowance is extended to self-employed parents registered with INPS (paragraph 6).

 Wage integration treatments in the event of suspension or reduction of working activity due to events attributable to the epidemiological emergency and blocking of dismissals for economic reasons (Article 11) The employers indicated in art. 8, paragraph 2, of the Support Decree (Legislative Decree no. 41/2021, converted with amendments into Law no. 69/2021) may submit – for workers in force at the date of entry into force of this Decree Law – application for Grant ordinary and wage supplementary redundancy fund in derogation (referred to in articles 19, 21, 22 and 22-quater of Legislative Decree no. 18/2020, converted with amendments into Law no. 27/2020) for a maximum duration of 13 weeks in period between 1st October and 31st December 2021, without payment of additional contribution (paragraph 1). The treatment is up to the employers who have already been fully authorized for the 28-week period referred to in art. 8, paragraph 2, of the Support Decree (paragraph 3);