Pandemic and labour law: the reaction of Russian and Italian authorities

Abstract

The authors consider the changes in Russian and Italian labour law adopted in connection with the coronavirus pandemic. The measures of workers’ support during the forced suspension of business activities is considered in the part 1, the regulation of remote work — in the part 2. Analysis of the measures taken by the Russian and Italian authorities in connection with the suspension of business activities showed that it was possible to overcome the emergency situation not only by placing the whole responsibility on the employer as it was done in Russia. The Italian experience of compensating a part of the wages not received due to the organization’s suspension from the State Wage Fund seems to be particularly valuable. The authors conclude that the Russian authorities, in contrast to the Italian ones, failed to ensure timely adoption of regulations for temporary transition to remote work and for the mixed form of work. The draft amendments to the chapter of the Russian Labour Code on remote work simplifies the procedure for concluding an agreement and excludes the norm on the possibility of establishing grounds for termination of an employment contract in the contract itself, but does not imply any changes to the norms on occupational safety of such employees. The latter, in our opinion, is a serious omission. We believe that the establishment of the employer’s obligations to provide the equipment and to monitor the employee’s compliance with the occupational safety rules, as fixed in the Italian norms on remote work, better protects workers’ interests and rights.