Updates on urgent measures regarding economic and fiscal matters

Subject: Updates on urgent measures regarding economic and fiscal matters, for the protection of labor and for non-deferrable needs

With this communication, we are listing some important updates regarding economic and fiscal matters, for the protection of labor:

Updates on Emergency Wage Supplementation Fund

With message no. 4034 of November 18, 2021, INPS published the first indications regarding interventions on social safety nets during the employment relationship, as provided for by Decree Law no. 146 of October 21, 2021, in Article 11: "Wage supplementation treatments in case of suspension or reduction of work activity due to events related to the epidemiological emergency and the blocking of dismissals for economic reasons."

The INPS portal is ready to receive applications for wage supplementation.

Private employers can submit, for workers employed as of October 22, 2021, applications for Ordinary Allowance and Wage Supplementation in Derogation, for a maximum duration of 13 weeks in the period between October 1 and December 31, 2021, without paying additional contributions. The treatment is due to employers who have already been fully authorized for the 28-week period referred to in the Sostegni Decree no. 41/2021; Private employers in the textile, clothing and leather and fur articles manufacturing industries, identified, according to the ATECO 2007 classification of economic activities, with codes 13, 14 and 15, can submit, for workers employed as of October 22, 2021, applications for ordinary wage supplementation treatment for a maximum duration of 9 weeks in the period between October 1, 2021, and December 31, 2021, without paying additional contributions. The treatment is due after the period authorized pursuant to the Sostegni bis Decree no. 73/2021 has elapsed (which, we recall, is 17 weeks in the period between July 1 and October 31, 2021); Bilateral solidarity funds guarantee the disbursement of the Ordinary Allowance up to the limit of the allocated resources, which are redetermined at 844 million Euro, against which the disbursement of the ordinary allowance is also guaranteed, while the resources for alternative solidarity funds (in the artisan sector and temporary employment agencies) are redetermined at 700 million Euro.

For the duration of the treatment, the aforementioned private employers are precluded from initiating collective dismissal procedures pursuant to Law 223/1991, as well as, regardless of the number of employees, termination of the employment contract for justified objective reason, with suspension of ongoing procedures pursuant to Article 7 of Law 604/1966 (declaration by the employer of wanting to proceed with dismissal for GMO and communication to the Inspectorate, etc.), except for the following cases:

• 1) definitive cessation of activity resulting from the liquidation of the Company without continuation, even partial, of the activity;

• 2) in cases where the transfer of a complex of assets or activities pursuant to Article 2112 of the Civil Code does not occur during the liquidation;

• 3) company collective agreement, stipulated by the most representative trade union organizations at the national level, to incentivize the termination of the employment relationship, limited to workers who adhere to the aforementioned agreement;

• 4) bankruptcy of the Company.

News on Parental Leave

Article 9 of Decree Law No. 146/2021 stipulates that until December 31, 2021, an employee with a cohabiting child under 14 years of age may, as an alternative to the other parent, abstain from work for a period corresponding in whole or in part to the suspension of in-person teaching or educational activities, for the duration of the child's SARS-Cov-2 infection, as well as the duration of the child's quarantine following contact wherever it occurred. The same benefit is granted to parents with children with disabilities.

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