Redundancy fund in derogation to respond to the health emergency

The Law Decree was published on 2^nd March, which is particularly important for commercial companies.

Below is the text of paragraphs 1, 4 and 5 of art. 15 of Legislative Decree no. 9 of 02.03.2020, with which the redundancy fund was finally granted in order to face the coronavirus emergency.

The aforementioned Legislative Decree was published in the Official Gazette, General Series, no. 53 of 02.03.2020 and has already entered into force. The importance of the provision for commercial companies, which are not entitled to CIGO, should be noted. (ADO)

Art. 15

Redundancy fund in derogation

1. Private sector employers, including those in agriculture, with production units located in the municipalities identified in Annex 1 of the Prime Minister's decree of 1^st March 2020, as well as employers who do not have their registered office or production or operating unit in the aforementioned municipalities, limited to workers in force residing or domiciled in the aforementioned municipalities, for which the protections provided for by the current provisions on suspension or reduction of working hours do not apply, in the presence of an employment relationship, can submit an application for a wage supplement in derogation, for the duration of the suspension of the employment relationship and in any case for a maximum period of three months from 23^rd February 2020. The notional contribution and the related ancillary charges are ensured for workers.
2. The treatments referred to in this article are granted by decree of the regions concerned, to be transmitted to INPS electronically within forty-eight hours of adoption. The distribution of the overall spending limit referred to in the first part of this paragraph between the regions concerned, for the purposes of compliance with the spending limit, is governed by a decree of the Ministry of Labour and Social Policies. The regions, together with the concession decree, send the list of beneficiaries to INPS, which provides the aforementioned benefits. Applications are submitted to the region, which instructs them in the chronological order of their submission. INPS monitors compliance with the spending limit, providing the results of this activity to the Ministry of Labour and Social Policies and the regions concerned. Should the aforementioned monitoring show that the spending limit has been reached prospectively, the regions will not be able to issue other concession measures.
3. The measure referred to in paragraph 1 can be granted exclusively with the method of direct payment of the service by INPS, applying the discipline referred to in article 44, paragraph 6-ter, of Legislative Decree no. 148 of 2015.