Decree Law May 25, 2021, n. 73: Measures for employment

As known, on 25/05/2021, Decree Law no. 73 was published in Gazzetta Ufficiale no. 123, containing "Urgent measures related to the COVID-19 emergency, for businesses, work, young people, health, and local services", better known as the Sostegni bis Decree, a substantial provision with which the Government intended to intervene further in order to "counteract" the complex critical issues produced by the Covid-19 pandemic.

Decree Law 73/2021 came into force on 26/05/2021

Below is a summary of the measures of greatest interest dedicated to work, pending future operational News (and/or any further details) from the relevant bodies.

ART. 40, PARAGRAPHS 1-3 – Further provisions regarding wage supplementation treatments and exemption from the additional contribution.

Article 40 of Decree Law No. 73 of May 25, 2021, regulates the measures available to employers falling within the scope of CIGO, who require suspensions or reductions of activities and must resort to social safety nets after CIGO COVID-19.

It should be remembered that these employers can benefit, until June 30, 2021, from the 13 weeks provided for by Decree Law no. 41/2021 (the so-called Sostegni Decree), to be placed starting from April 1. These weeks, in turn, follow the 12 weeks granted by Law no. 178/2020 and used in the period from January 1 to March 31, 2021.

With the provision covered by this News, employers subject to CIGO may request:

• from July 1, 2021, ordinary and extraordinary redundancy fund benefits pursuant to Legislative Decree no. 148/2015 (without the application of the additional contribution until 31/12/2021) or, alternatively,

• from 26/05/2021 until 31/12/2021, if there is a decrease in turnover of 50%, CIGS in derogation, for a maximum duration of 26 weeks, subject to the stipulation of company collective agreements to reduce the working activity of the workers in force, aimed at maintaining employment levels in the recovery phase of activities after the epidemiological emergency.

Focus:

Employers as referred to in Article 8, paragraph 1, of Law Decree 41/2021 (converted into Law 69/2021) who recorded a 50% decrease in turnover in the first half of 2021 compared to the first half of 2019, may apply for CIGS (extraordinary redundancy fund) in derogation of Articles 4 and 21 of Legislative Decree 148/2015, for a maximum duration of 26 weeks, starting from May 26, 2021, and until December 31, 2021.

As already mentioned, the application is subject to the stipulation of company collective agreements (Article 51 of Legislative Decree 81/2015) for the reduction of the working activity of employees employed as of May 26, 2021, aimed at maintaining employment levels during the recovery phase of activities after the ongoing pandemic emergency.

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