Atty Carlo Fossati interviewed by “L’Economia” about Covid-19 related labour issues

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Barbara Millucci’s interview with our Senior Partner published today in “L’Economia” deals with labour law issues related to the Covid-19 emergency. “Everyone in healthcare, from institutions to medical staff, is doing their best to fight the virus but I expect, with great regret, that disputes may arise on the issue of safety and health protection”. so Atty Carlo Fossati, partner of Ichino Brugnatelli e Associati, says. “There are many infected private health care firm workers who have suffered serious damage to their health. Violations are hypothesized regarding the suitability of the environment, the adoption of the devices, the adequacy or otherwise of the measures taken to protect employees”. Possible violations related to damage to health under Article 2087 of the Civil Code, with potentially criminal implications. “It will be a difficult issue to manage, given that companies have aligned themselves with the standards defined by the Ministry”. What are the consequences for the world of work with the massive adoption of smart working? “We will have implications in the evolution of collective bargaining, in the mechanisms of control of the time of performance rendered and perhaps we will have to rethink Article 4 of the Workers’ Statute”, continues the labor lawyer. “This acceleration has made both companies and employees realize smart working potential. Remote working now ensures business continuity, it actually works, lowers staff exposure to contagion risk. But when the emergency is over, there will be those who want to stabilize the tool and it will become a normal business management tool”. An important cultural leap that will need an appropriate contractual frame. “Having limited resources, given the period of economic contraction, Company will chose this tool because it will allow to cut costs and streamline bureaucratic practices, also reducing employee’s transport costs to reach their workplaces”.