DLP Insights

DID YOU KNOW THAT… An amendment to the Liquidity Decree limits the employer’s liability?

Categories: DLP Insights, Do you know that | Tag: Covid-19, Workplace health and safety

28 May 2020

An amendment to the Liquidity Decree was approved in the House Committee on 21 May last, which relieves employers of any liability whatsoever in the event that employees should contract COVID-19 in the company, provided that the relevant protocols are followed. The amendment states, verbatim, that: “For the purposes of safeguarding against the risk of contagion from SARS-CoV-2, public and private employers comply with the obligation referred to in Article 2087 of the Italian Civil Code by applying the provisions contained in the joint protocol which regulates measures to combat and contain the spread of the Covid-19 virus in the workplace, signed on 24 April 2020 by the Government and social partners, as subsequently amended and supplemented, and in the other protocols and guidelines referred to in Article 1.14, of  Decree-Law No. 33 of 16 May 2020, and also by adopting and maintaining in force the measures provided for therein.  If the aforementioned provisions do not apply, the relevant measures will be those contained in the sector protocols or agreements entered into by the trade unions and employers’ organisations that are comparatively more representative at national level”. If the amendment under consideration is approved when the bill is passed, it would assume regulatory status as announced in the circulars of INAIL (the National Institute for Insurance against Occupational Accidents). At this point, we merely await the passing into law of the Liquidity Decree.

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