Giorgio Corno has been nominated “Lawyer of the year” for his professionalism and work in the category ” Restructuring and Insolvency Law”.
The award was issued by the prestigious review publication Best Lawyers.
Giorgio Corno, Stefania Caltabiano and Mario Palma Busnelli, Lawyers of Studio Corno, took part as speakers at the webinar, held on 05/15/2020, of the Chinese Zhonghao Law Firm (member of LAWorld), which provides all-round services in China and abroad, to explain how Italy is facing the #covid19 pandemic.
The main topics covered are:
1. Financing (Italian measures to fight crisis)
2. Labour Measures
3. Insolvency and Company Restructuring
To watch the playback of the webinar, please, scan the qr code in the image below with wechat account:
On Saturday 9 May the newspaper “Il Cittadino di Monza e Brianza” has interviewed Fabio Corno, Professor of Business Economics at the University of Milan-Bicocca and Managing Partner of Studio Corno.
The main topic: to analyze the challenges Italian companies will face in “phase 2”, which has started on 4 May..
Here are the main aspects that a company should consider in Phase 2, according to Fabio Corno:
“In addition to cash control, a company today has to control customers, employees and the whole supply chain. One has to diversify suppliers also on a geographical basis, in order to avoid the risk of a new total lockdown. We have already witnessed companies to abandon a total reliance on Chinese suppliers: we need alternative sources as well, closer to our factories even though more expensive “.
To overcome the consequences of Covid-19, explains Fabio Corno, two are the keywords: “Great speed and good discipline”, both characteristics of a “resilient company”:
“Speed is crucial because even in the early stages of the recession and during the recovery, fast companies are those who may seize the opportunities that the market offers them. They manage to cut costs, as well as to grow. As far as cost cutting is concerned, in Italy we are witnessing the use of redundancy payments: 95% of our clients have used this possibility. Then we’ll have to figure out what happens next.
The possibility for companies to diversify is another aspect to consider:
“There are good deals that companies can do, for example, by mapping the possibility of diversifying their businesses. Companies need to prepare a resilience plan, including the mapping of main risks, designing possible scenarios, elaborating stress tests. We don’t just have to look at what happens to ourselves: we need to look at everyone who works in the supply chain”.
Today labor unions, companies and the government have signed the protocol on worker safety against Coronavirus in the workplace.
The protocol defines and regulates the measures aimed at contrasting and containing the spread of Covid-19 virus in the workplace.
Companies are stimulated to reduce or suspend their activity, using social shock absorbers, agile work procedures and changes in their organization.
Shared measures against COVID-19 in the workplace spelled out in 13 points.
Here the insights
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INFORMATION
– The company, through the most suitable and effective methods, informs all workers and anyone who enters the company about the provisions of the Authorities, delivering and/or posting at the entrance and in the most visible places of the company premises, special information leaflets.
– In particular, the information concerns:
o the obligation to remain at home in the presence of fever (over 37.5°) or other flu symptoms and to call your family doctor and the health authority
o the awareness and acceptance of the fact that they cannot enter or remain in the company and of having to declare it promptly if, even after entry, dangerous conditions exist (symptoms of influenza, temperature, coming from risk areas or contact with people positive for the virus in the previous 14 days, etc.) in which the Authority’s measures require them to inform the family doctor and the Health Authority and to stay at home
o the commitment to comply with all the provisions of the Authorities and the employer when entering the company (in particular, to maintain a safe distance, to observe the rules of hand hygiene and to behave correctly in terms of hygiene)
o the commitment to inform the employer promptly and responsibly of the presence of any influenza symptoms during the performance of the work, taking care to remain at an adequate distance from the people present
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ENTRY INTO THE COMPANY
- Before entering the workplace, staff may be subjected to a body temperature check1 . If this temperature exceeds 37.5°, access to the workplace will not be permitted. Persons in this condition -in compliance with the indications given in the note – will be temporarily isolated and provided with masks, they will not have to go to the Emergency Room and/or to the infirmaries, but they will have to contact their own doctor as soon as possible and follow his indications.
- The employer informs the staff in advance, and those who intend to enter the company, of the foreclosure of access to those who, in the last 14 days, have had contact with individuals who have tested positive for COVID-19 or come from areas at risk according to WHO guidelines2.
- For these cases, reference is made to Decree Law no. 6 of 23/02/2020, art. 1, letter h) and i).
1 The real time detection of body temperature implies processing of personal data and, therefore, must take place in accordance with the privacy regulations in force. For this purpose it is suggested to: 1) detect at temperature and not record the acquired data. It is possible to identify the person concerned and record the exceeding of the temperature threshold only if it is necessary to document the reasons that prevented access to company premises; 2) provide information on the processing of personal data. Please note that the information may omit information already in the possession of the data subject and may also be provided orally. With regard to the contents of the information notice, with reference to the purpose of the processing, prevention from COVID-19 contagion may be indicated and with reference to the legal basis, the implementation of the anti-accounting security protocols pursuant to Art. 1, no. 7, letter
d) of the Prime Ministerial Decree of 11 March 2020 may be indicated and with reference to the duration of any data storage, reference may be made to the end of the state of emergency; 3) define the appropriate security and organizational measures to protect the In particular, from an organizational point of view, it is necessary to identify the entities responsible for processing and provide them with the necessary instructions. To this end, please note that the data may be processed exclusively for purposes of prevention from infection by COVID-19 and must not be disclosed or communicated to third parties outside the specific regulatory provisions (e.g. in case of request by the Health Authority for the reconstruction of the supply chain of any “close contacts of a worker who has tested positive to COVID-19); 4) in case of temporary isolation due to exceeding the temperature threshold, ensure procedures to ensure the confidentiality and dignity of the worker. These guarantees must also be ensured in the event that the worker informs the office responsible for personnel that he or she has had, outside the company context, contact with people who have tested positive for COVID-19 and in the case of removal of the worker who develops fever and symptoms of respiratory infection and his or her colleagues during work (see below).
2 If a declaration is required to be issued attesting that the worker does not come from epidemiological risk areas and that there has been no contact in the last 14 days with individuals who have tested positive for COVID-19, please pay attention to the rules on the processing of personal data, as the acquisition of the declaration constitutes data processing. To this end, the indications referred to in footnote 1 above shall apply and, specifically, it is suggested that only data necessary, adequate and relevant to the prevention of COVID-19 infection should be collected. For example, if a statement on contacts with persons found to be COVID-19 positive is required, additional information about the positive person should not be requested. Or, if a statement is required on origin from epidemiological risk areas, additional information on the specifics of the location should not be required.
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ACCESS MODALITIES OF EXTERNAL SUPPLIERS
– For the access of external suppliers, identify entry, transit and exit procedures, using predefined methods, routes and timing, in order to reduce the opportunities for contact with the personnel in force in the departments/offices involved.
– If possible, the drivers of the means of transport must remain on board their own vehicles: access to the offices is not allowed for any reason. For the necessary preparation of loading and unloading activities, the haulier must keep a strict distance of one metre.
– For suppliers/transporters and/or other external personnel, identify/install dedicated toilets, prohibit the use of employee toilets and ensure adequate daily cleaning.
– Access to visitors must be reduced as far as possible; if external visitors (cleaning, maintenance, etc.) are required, they must comply with all company rules, including those for access to company premises referred to in paragraph 2 above.
– Where there is a transport service organized by the company, the safety of workers must be guaranteed and respected along each trip.
– the rules of this Protocol extend to companies under contract that can organize permanent and temporary sites and sites within the production sites and areas
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CLEANING AND SANITATION ON THE FARM
– the company ensures the daily cleaning and periodic sanitization of the premises, environments, workstations and common and leisure areas
– in the case of the presence of a person with COVID-19 inside the company premises, they are cleaned and sanitised in accordance with the provisions of Circular no. 5443 of 22 February 2020 of the Ministry of Health and their ventilation
– end of shift cleaning and periodic sanitization of keyboards, touch screens, mice with suitable detergents must be guaranteed both in offices and production departments.
– the company, in compliance with the indications of the Ministry of Health in the manner deemed most appropriate, may organize special interventions/periods of cleaning using social “shock absorbers” (also by way of derogation)
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PERSONAL HYGIENE PRECAUTIONS
- it is mandatory that the people present on the farm take all hygiene precautions, in particular for the hands
- -the company provides suitable hand cleansing equipment
- frequent cleaning of hands with soap and water is
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PERSONAL PROTECTIVE EQUIPMENT
– The adoption of the hygiene measures and personal protective equipment indicated in this Regulatory Protocol is fundamental and, given the current emergency situation, is clearly linked to the availability on the market. For these reasons:
a) The masks shall be used in accordance with the World Health Organization’s guidelines.
b) given the emergency situation, in the event of supply difficulties and for the sole purpose of preventing the spread of the virus, masks may be used whose type corresponds to the indications of the health authority
c) the preparation by the company of the detergent liquid according to the WHO guidelines (https://www.who.int/gpsc/5may/Guide_to_Local_Production.pdf) is facilitated
– if the work requires working at an interpersonal distance of less than one metre and other organizational solutions are not possible, the use of masks and other protective devices (gloves, glasses, overalls, overalls, etc.) that comply with the provisions of the scientific and health authorities is still necessary.
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MANAGEMENT OF COMMON AREAS (CANTEEN, CHANGING ROOMS, SMOKING AREAS, BEVERAGE AND/OR SNACK DISPENSERS, ETC.).
-Access to the common areas, including company canteens, smoking areas and changing rooms is restricted, with the provision of continuous ventilation of the premises, reduced stopping time within these spaces and the maintenance of a safety distance of 1 metre between the people occupying-It is necessary to provide for the organization of the spaces and the sanitation of the changing rooms in order to leave places for the workers to store their work clothes and to guarantee them suitable hygienic and sanitary
-It is necessary to ensure periodic sanitization and daily cleaning, with special detergents in the canteen, the keyboards of the drinks and snack
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COMPANY ORGANIZATION (ROSTERING, TRANSFERS AND SMART WORK, REMODULATION OF PRODUCTION LEVELS)
With reference to the Prime Ministerial Decree of 11 March 2020, point 7, limited to the period of emergency due to the COVID-19, companies may, with reference to the provisions of the national collective labor agreements and thus favor agreements with company trade union representatives:
– order the closure of all departments other than production or, in any case, those whose operation is possible through the use of smart work, or in any case at a distance
– A reshaping of production levels can be carried out
– ensure a shifts plan for employees dedicated to production with the aim of reducing contacts as much as possible and creating autonomous, distinct and recognizable groups
– use smart working for all those activities that can be carried out at home or remotely if social shock absorbers are used, also by way of exception, always evaluate the possibility of ensuring that they affect the entire company structure, if necessary also with appropriate rotations a. use as a priority the social shock absorbers available in compliance with contractual institutions (par, rol, hour bank) generally aimed at allowing abstention from work without loss of pay
– if the use of the institutions referred to in point (c) is not sufficient, holiday periods in arrears and not yet taken shall be used
– all national and international travel/business trips, even if already agreed or organized, are suspended and cancelled
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MANAGEMENT OF EMPLOYEES' ENTRY AND EXIT
– Staggered entry/exit times are encouraged in order to avoid as much contact as possible in common areas (entrances, changing rooms, canteen).
– where possible, it is necessary to dedicate an entrance and an exit door from these premises and to ensure the presence of detergents indicated by appropriate indications
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INTERNAL TRAVEL, MEETINGS, INTERNAL EVENTS AND TRAINING
– Movements within the company site must be limited to the minimum necessary and in compliance with the company’s instructions
– Meetings in attendance are not permitted. If they are characterised by necessity and urgency, if it is impossible to connect remotely, the necessary participation must be reduced to a minimum and, in any case, inter-personal distance and adequate cleaning/action of the premises must be guaranteed.
– All internal events and all classroom training activities, even if compulsory, are suspended and cancelled, even if already organized; it is however possible, if the company organization allows it, to carry out distance learning, also for smart work workers
– Failure to complete the updating of the professional and/or qualifying training within the deadlines set for all the company’s health and safety roles/functions in the workplace, due to the emergency in progress and therefore due to force majeure, does not make it impossible to continue to carry out the specific role/function (by way of example: the emergency worker, both fire-fighting and first aid, may continue to intervene in case of need; the wheelbarrow driver may continue to work as a wheelbarrow driver)
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MANAGEMENT OF A SYMPTOMATIC PERSON ON THE FARM
– If a person present on the farm develops fever and symptoms of respiratory infection such as coughing, he must immediately report this to the personnel office, his isolation must be carried out in accordance with the provisions of the health authority and that of the others present on the premises, the farm shall immediately notify the competent health authorities and the emergency numbers for COVID-19 provided by the Region or the Ministry of Health.
– The company collaborates with the health authorities to define any “close contacts” of a person present in the company who has been found positive for the COVID-19 swab. This is to enable the authorities to apply the necessary and appropriate quarantine measures. During the investigation period, the holding may ask any possible close contacts to leave the establishment cautiously, as directed by the health authority.
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HEALTH SURVEILLANCE/COMPETENT DOCTOR/RLS
Health surveillance must continue in compliance with the hygienic measures contained in the indications of the Ministry of Health (so-called decalogue).
– during this period, priority should be given to preventive visits, on-demand visits and visits upon return from sickness-periodic health surveillance should not be interrupted, because it represents a further general preventive measure: both because it can intercept possible cases and suspicious symptoms of contagion, and because of the information and training that the competent doctor can provide to workers to prevent the spread of contagion
in integrating and proposing all regulatory measures related to COVID-19, the competent doctor cooperates with the employer and the RLS/RLST.
The competent doctor reports to the company situations of particular fragility and current or past pathologies of the employees and the company provides for their protection in the respect of privacy the competent doctor will apply the indications of the Health
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UPDATING THE REGULATORY PROTOCOL
A Committee for the application and verification of the rules of the Protocol is established in the company.
Hereby, the highlights of the decree of the President of the Council of Ministers of 11 March relating to # covid19.
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ART. 1 Urgent measures to contain the contagion on the entire national territory
Measures taken:
1. Suspension of retail trade activities,
exceptions:
– food and basic necessities sales activities identified in Annex 1,
in the following areas:
– neighborhood businesses,
– medium and large retailers, including those in shopping centres, provided that access is allowed only to the above mentioned activities
– markets (limited to activities aimed at the sale of foodstuffs only)
– newsstands,
– tobacconists,
– pharmacies,
– parapharmacies.
In any case, the 1 meter interpersonal safety distance must be guaranteed.
closed
– markets, with reference to activities other than the sale of foodstaff only, regardless of the type of activity carried out2. Suspension of food service activities (including bars, pubs, restaurants, ice cream parlours, pastry shops),
exception:
– canteens
– continuous catering on a contractual basis, which guarantees the interpersonal safety distance of one meter.
– catering with home delivery in compliance with health and hygiene regulations for both packaging and transport.
– food and beverage services in service and refuelling areas located along the road and motorway network and inside railway stations, airports, lakes and hospitals, guaranteeing the interpersonal safety distance of one metre.
3. Suspension of activities related to personal services (including hairdressers, barbers, beauticians).
Exception (all.2):
– Laundry and cleaning of textile and fur products
– Industrial Laundries
– Other laundries, dyeworks
– Funeral services and related activities4. Activities and services guaranteed, in compliance with health and hygiene regulations,
– banking services,
– financial services,
– insurance services
– activities in the agricultural, livestock and agri-food processing sector including the supply chains that provide goods and services.5. Transport services
– Transport provided by local public transport companies, including non-scheduled public transport companies
– The President of the Region may make provision for planning, aimed at reducing and eliminating services on the basis of actual needs and for the sole purpose of ensuring the minimum essential services.– Interregional car services and rail, air and sea transport services
– The Minister for Infrastructure and Transport, in agreement with the Minister for Health, may arrange reductions and abolitions, on the basis of actual needs and for the sole purpose of ensuring the minimum essential services.6. Services offered by Public Administrations
– public administrations
– ensure the ordinary performance of the work of its employees in an agile manner, also in derogation of the individual agreements and information obligations pursuant to Articles 18 to 23 of Law no. 81 of 22 May 2017, and
– identify the undeferrable assets to be rendered in presence.
– without prejudice to the provisions of Article 1, paragraph 1, letter e) of the Prime Ministerial Decree of 8 March 2020 (periods of parental leave and holidays) and
– without prejudice to activities strictly functional to emergency management,7. Production and professional activities
recommendations:
a. make maximum use of agile working arrangements for activities that can be carried out at home or remotely;
b. provide incentives for employees:
– holidays
– paid leave as well as
– other instruments provided for in collective bargaining;
c. suspend the activities of company departments not essential to production;
d. Anti-contagion security:
– assume specific protocols
– adopt personal protective equipment, where it is not possible to respect the 1 meter interpersonal distance as the main containment measure;
e. encourage workplace sanitization operations, also using forms of social shock absorbers for this purpose;for productive activities only
8. recommendations:
– Limit travel within the sites as much as possible, and
– Limit access to the common areas;
9. agreements between employers’ and trade union organisations
– to be favoured in relation to above provisions under numbers 7 and 8for all non-suspended activities
10. call for maximum use of agile working modes.
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ART. 2 Final provisions
1. The provisions of this Decree shall take effect on 12 March 2020 and shall be effective until 25 March 2020.
2. The measures referred to Prime Ministerial Decree 8/3/2020 and Prime Ministerial Decree 9/3/2020 shall cease to have effect from the date on which the provisions of this Decree take effect.
3. The provisions of this Decree shall apply to the Special Statute Regions and the Autonomous Provinces of Trento and Bolzano in so far as they are compatible with their respective statutes and implementing rules.Annex 1
ADMITTED RETAIL ACTIVITIES– Hypermarkets
– Supermarkets
– Food Discount
– Minimarkets and other non-specialised miscellaneous grocery stores
– Retail of frozen products
– Retail trade in non-specialised stores of computers, peripherals, telecommunications equipment, audio and video consumer electronics, household appliances
– Retail sale of food, beverages and tobacco in specialised stores (ATECO codes: 47.2)
– Retail sale of automotive fuel in specialised stores
– Retail sale of computer and telecommunications equipment (ICT) in specialised stores (ATECO code: 47.4)
– Retail sale of hardware, paints, flat glass and electrical and thermo-hydraulic equipment
– Sanitary ware retail trade
– Lighting retail trade
– Retail of newspapers, magazines and periodicals
– Pharmacies
– Retail sale of non-prescription medicines in other specialised stores
– Retail sale of medical and orthopaedic goods in specialised stores
– Retail sale of perfumery, toiletries and personal care products
– Retail trade of small pets
– Retail of optics and photography equipment
– Retail sale of domestic and heating fuel
– Retail trade of soaps, detergents, polishing products and similar products
– Retailing of any type of product via the Internet
– Retail sale of any type of product on television
– Retailing of any type of mail order product, radio, telephone
– Trade by means of vending machinesAnnex 2
Services for individuals– Laundry and cleaning of textile and fur products
– Activities of industrial laundries
– Other laundries, dyeworks
– Funeral services and related activities
Hereby, the highlights of the decree of the President of the Council of Ministers of 8 March relating to # covid19.
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ART. 1 - Urgent measures to contain the contagion in the Lombardy region and in the provinces of Modena, Parma, Piacenza, Reggio nell'Emilia, Rimini, Pesaro and Urbino, Alessandria, Asti, Novara, Verbano-Cusio-Ossola, Vercelli, Padua, Treviso, Venice
a) Avoid any movement of physical persons entering and leaving the territories, as well as within the territories themselves, except for movements motivated by proven work needs or situations of necessity or movements for health reasons. It is permitted to return to one’s home, residence or residenceb) Subjects with symptoms of respiratory infection and fever >37.5°: strong recommendation to stay at home and limit social contacts as much as possible by contacting your doctor.
c) Subjects quarantined or tested positive for the virus: absolute ban on mobility from home or residence
(d) Events and sporting events of all levels in public and private places: suspended
(e) Public and private employers: it is recommended that during the period of effectiveness of the decree the use by employees of periods of parental leave and holidays be promoted (without prejudice to point (r))
(f) Ski areas: closed
(g) Organized events, events in public and private places, including those of a cultural, recreational, sporting, religious and fairground nature, even if held in closed locations but open to the public (major events, cinemas, theatres, pubs, dance schools, amusement arcades, betting shops, bingo halls, discos and similar establishments: all activities suspended
h) Suspended educational services x children and teaching activities in schools of all levels and levels, as well as attendance of school activities and higher education including universities …
(i) Places of worship: opening subject to the adoption of organisational measures to avoid mass gatherings civil and religious ceremonies, including funeral ceremonies, are suspended
(l) Museums and places of culture: closed
(m) Public and private tender proceedings: suspended
n) Catering and bar activities: allowed from 6:00 a.m. to 6:00 p.m., with the obligation on the part of the manager to prepare the conditions to guarantee the possibility of respecting the interpersonal safety distance of at least 1 meter, with sanction of suspension of the activity in case of violation
o) Commercial activities other than those referred to in point n): allowed on condition that the operator guarantees access to the aforementioned places in a quota-based manner or in any case suitable to avoid a gathering of people, taking into account the size and characteristics of the premises open to the public, and such as to allow visitors the possibility to respect the distance of at least 1 meter (at 1 letter d), between visitors, with a sanction of suspension of the activity in case of violation.
In the presence of structural or organizational conditions that do not allow the respect of the interpersonal distance of one meter, the above-mentioned structures must be closed.
p) Medical and technical staff and staff whose activities are necessary to manage the activities required by crisis units set up at regional level: suspended
q) Holding of meetings: in all possible cases, remote connection methods are adopted … in any case ensuring respect for the interpersonal safety distance of one meter and avoiding gatherings.
(r) Medium-sized and large sales structures, as well as shops within shopping centers and markets:
pre-festive and festive days: closed
working days: operators must provide the conditions to ensure the possibility of respecting the safety distance of one meter, with a sanction of suspension of the activity in case of violation
In the presence of structural or organizational conditions that do not allow the respect of the interpersonal distance of one meter, the above-mentioned structures must be closed.
The following shall NOT be closed:
- pharmacies
- parapharmacies
- grocery stores
Managers must ensure that the interpersonal safety distance of at least 1 meter is respected, with a sanction of suspension of the activity in case of violation
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ART. 2 - Measures to fight and contain the spread of the COVID-19 virus throughout Italy
a) Suspended congresses, meetings and social events in which health personnel or personnel in charge of essential public services or public utilities are involved. Any other convention or congress activity: postponed to a date subsequent to the end of the effectiveness of this decreeb) Events, shows, performances of any kind – including cinematographic and theatrical – held in any place, whether private or public: Suspended
c) Pubs, dance schools, gambling halls, bingo halls, discos and similar establishments: suspended, with sanction of suspension of the activity in case of infringement
d) Museums and other cultural institutes and places: suspended opening
e) Restaurants and bars: obligation for the manager to enforce the safety istance of one meter with sanction of suspension of the activity in case of violation
f) Other shops (other than letter c) in the open air or indoors: it is strongly recommended that the operator ensures that organisational measures are taken to allow access to the above mentioned places in a restricted manner or in any case suitable to avoid a crowding of people, in compliance with the safety distance of one meter between visitors.
g) Sporting events and competitions of all types and levels held at any location (private and public): suspended
h) Educational services for children and educational activities in schools of all levels and levels, as well as attendance of school activities and higher education including universities …: suspended until 15/3
Educational trips, exchange / twinning initiatives, guided tours and educational outings however they are called, planned by educational institutions of all levels: suspended
i) Readmission to children’s education services and schools of all levels and degrees x absence due to infectious disease lasting more than 5 days is upon presentation of a medical certificate
j) Activation of distance learning arrangements by school leaders for the duration of the suspension of teaching activities in schools –
k) Universities and institutions of higher education: didactic and curricular activities can be carried out, where possible, at a distance; after the restoration of the ordinary functionality, they ensure the recovery of the training activities as well as the curricular ones or any other test or verification that are functional to the completion of the didactic path
l) Universities and higher education institutions: for the benefit of students who are not allowed to attend due to health emergency needs, teaching and curricular activities may be carried out, where possible, with distance learning activities
m) First aid rooms: it is forbidden for accompanying persons to remain in the waiting rooms, unless otherwise specified by the staff in charge.
n) Hospitality and long-term care facilities, RSAs, hospices, rehabilitation facilities and residential facilities for self-sufficient and non self-sufficient elderly people: access for relatives and visitors limited only to the cases indicated by the health management of the facility, required to take the necessary measures to prevent possible transmission of the infection
o) Modes of agile work (Articles 18 to 23 of Law 22.5.2017, no. 81employers may apply it for the duration of the state of emergency to any employment relationship, in compliance with the principles dictated by the same provisions, even in the absence of the individual agreements provided for; reporting obligations under Article 22 of Law 22.5.2017, no. 81: fulfilled electronically, also by using documentation made available on the INAIL website.
p) Employers: recommended use of periods of annual leave and holidays
q) Extension of examination period
r) Penitential institutions and penal institutions for juveniles: the territorial structures of the NHS provide the Ministry of Justice with adequate support to contain the spread of the COVID-19 contagion.
s)Places of worship: opening subject to the adoption of organisational measures to prevent groups of people … suspended civil and religious ceremonies, including funeral ceremonies
t) Persons subject to quarantine measures or virus positive results: absolute ban on mobility from their home or residence
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ART. 3 - information and prevention measures throughout the national territory
1 The following measures shall apply throughout the national territorya) Health personnel shall comply with the preventive measures for the prevention of the spread of respiratory infections provided for by the World Health Organisation and shall apply indications for the sanitation and disinfection of environments provided for by the Ministry of Health
b) Elderly and immuno-depressed persons: recommendation to avoid leaving one’s home or residence outside cases of strict necessity and to avoid crowded places where it is not possible to maintain a safe distance of at least one meter between people
c) Natural persons: recommendation to limit travel where possible to strictly necessary cases
d) Subjects with symptoms of respiratory infection and fever > 37.5°: strong recommendation to stay at home and limit social contacts as much as possible by calling the doctor in charge
e) Offices open to the public (children’s education services, schools, universities, PA): display of information on preventive health measures
f) Mayors and trade associations shall promote the dissemination of information on preventive health and hygiene measures
g) Recommendation to municipalities and other local and regional authorities, cultural and sports associations to offer individual recreational activities alternative to the collective activities prohibited by the decree, which promote and encourage outdoor activities, provided that there is no grouping of people or carried out at the home of those concerned
h) PA and NHS facilities, as well as in all premises open to the public: provision of disinfectant solutions for hand hygiene to staff, users and visitors
i) Competitive procedures: take appropriate organisational measures to reduce the number of close contacts between candidates.
j) High mileage public transport companies: adoption of extraordinary measures to sanitise vehicles
k) Anyone who – starting from the 14th day before the date of publication of the decree – has entered Italy after having stayed in epidemiological risk areas (as identified by WHO – must communicate this to the Prevention Department of the health company competent for the territory and to the prior or doctor of free choice or to the paediatrician of free choice
2 Public health operators and public health services with territorial jurisdiction shall prescribe residence at home as follows
a) They shall contact by telephone and provide information on the areas of stay and the route of the journey made during the previous 14 days in order to carry out an appropriate exposure risk assessment
b) Having ascertained the need to initiate health surveillance and trust isolation shall inform the person concerned in detail of the measures to be taken
c) Having ascertained the need to initiate health surveillance and trust isolation, they shall inform the general practitioner or paediatrician of their free choice also with a view to possible certification for INPS purposes
d) In cases of need for certification for INPS purposes for absence from work, issue a declaration addressed to INPS to the employer, the general practitioner or the paediatrician of choice declaring the status of quarantine, specifying start and end dates
Public health operator shall also
a) Ensure that there is no fever or other symptomatology of the subject to be placed in isolation, and of any cohabitants
b) Inform the person about the symptoms, the characteristics of contagiousness, the ways in which the disease is transmitted, the measures to be taken to protect any cohabitants in the event of the appearance of symptoms
c) Inform the person about the need to measure body temperature twice a day (morning and evening).
4 In order to maximise the effectiveness of the health procedure, it is essential to inform about the meaning and purpose of home isolation in order to ensure maximum adherence to and application of the following measures:
a) Maintaining the state of isolation for 14 days after last exposure
b) Prohibition of social contacts
c) Prohibition of travel and travel
d) Obligation to remain reachable for surveillance activities
5 If symptoms appear, the person under surveillance shall:
a) Immediately notify the general practitioner or paediatrician of his or her free choice and the public health professional
b) Wear the surgical mask provided at the start of the health procedure and move away from the other cohabitants
c) Remain in your room with the door closed ensuring adequate natural ventilation, while awaiting transfer to the hospital where necessary.
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ART. 4 - Monitoring of measurements
- The territorially competent Prefect, by informing the Ministry of the Interior in advance, shall ensure the implementation of the measures referred to in Article 1, as well as monitor the implementation of the remaining measures by the competent administrations.
Where necessary, it shall make use of the police forces, with the possible assistance of the fire brigade as well as the armed forces, after consultation with the competent territorial commands, notifying the President of the Region and of the autonomous province concerned
- Unless the fact constitutes a more serious offence, failure to comply with the obligations set out in this decree is punishable under Article 650 of the Penal Code.
Giorgio Corno is ranked by Who’s Who Legal (WWL) in the field of Restructuring & Insolvency.
Since 1996 Who’s Who Legal has identified the foremost legal practitioners in multiple areas of business law. In total, this site features over 24,000 of the world’s leading private practice lawyers and 2,500 consulting experts from over 150 national jurisdictions.
Read here what WWL says about Giorgio Corno: https://whoswholegal.com/market-insight-tool?PracticeArea=77&RegionID=8&CountryID=380
Our Stefania Caltabiano, Giorgio Corno and Stefano Pittau will take part in the EMEA Laworld meeting in Helsinki.
On Saturday LNG lawyers will meet to discuss about their future and the use of social media in the legal world.
In the afternoon Stefania Caltabiano as EMEA chair of Laworld will take part in the General EMEA meeting. The meeting is organized by the Nordia Helsinki law firm, a member of the international legal network Laworld.
Giorgio Corno took in part in the annual Insol Europe Congress in Copenhagen (26-29 September 2019).
The theme of our 2019 Annual Congress is “(Un)necessary preventive restructuring frameworks: where are the limits?”.
The main theme of the congress is the question of the scope of application of (pre-) insolvency system and to find ways of strengthening it. The question arises as to whether preventive proceedings should actually be used in all scenarios or whether there are alternative options available (other than liquidation). The congress will be the opportunity to cover these issues in depth.