Government measures in key jurisdictions 3rd edition final - Flipbook - Page 74
Italy
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: an unpaid leave is made available to parents of children aged under 16 for
the period of school closure that can be used by one parent (only if the other parent is not
unemployed or suspended under a social program).
: in general, the Italian Government recommends maximizing the use of home
work which until 31 July 2020 can be implemented without entering into individual agreements which
are otherwise required by law. Also other bureaucratic steps have been lightened (including in terms
of health and safety information obligations). Parents with children under 14 are entitled to work
remotely until 31 July 2020, if their tasks can be reasonably carried out from home and only if the
other parent is not unemployed or at home because suspended under a social plan. The same right is
provided in favour of disabled employees, their cares or employees with immune-depressive diseased
or their cares. Also, employees with reduced working capacity have priority in accessing remote
working.
: the ordinary leave granted to people with serious
disabilities or employees who take care of people with serious disabilities (Law no. 104/92) has
been increased by 12 days in March and April 2020
(to
be added to the ordinary 3 per month
). The leave is paid by INPS (without salary reduction).
: in both cases employees must be
considered on sick leave. If Covid-19 has been contracted on the workplace, the periods of
quarantine and self-isolation are considered leaves due to accident at work and thus indemnified
by the competent public insurance authority (INAIL).
: until 31 July 2020, disabled employees or employees affected by
serious diseases have the right to be absent from work and this absence is treated as
hospitalization and so this period of absence will be indemnified as sick leave.
Insolvency
The Italian Government has adopted – among others – the following measures:
• the inadmissibility of petitions for bankruptcy and for insolvency of large companies
Has the government
filed from 9 March 2020 until 30 June 2020,
made any changes
• the extension of the deadlines for performing/fulfilling composition with creditors plans
to insolvency
and debt restructuring agreements already validated by the competent Courts, if
legislation?
expiring between 23 February 2020 and 31 December 2021,
• the possibility to file a new composition with creditors plan/debt restructuring agreement before the
validation hearing or to request an extension of the term for the filing of the composition with
creditors plan/debt restructuring agreement (if not filed yet),
• the postponement of the entry into force of the new Code of Crisis and Insolvency from 1 September
2021, and
• the disapplication until 31 December 2020, under certain conditions, of the provisions
that require: either the reinstatement of the registered capital, when it has been reduced by more
than 1/3rd as a consequence of losses, or the winding up of the company.
Contractual
Issues
What measures
have been taken
to reinforce
contracts?
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Under a general provision, any action taken to ensure compliance with the measures adopted by the
Italian Government to contain Covid-19 emergency should be taken into account for the purposes of
excluding debtor’s liability – pursuant to the Italian Civil Code – for delayed or omitted performance,
also in relation to the application of any related forfeiture terms or penalties.
Besides the above, all contractual remedies provided for under Italian civil law shall apply.
Government measures in key jurisdictions