Covid and composition: the calculation of quarantine days
With the order of 13 January 2022, the Court of Palmi ruled that the absence from Covid-19 is not within the limits of the period of composition.
Consequently, it is unlawful to dismiss the worker for exceeding the period of composition if the calculation of the days of absence due to illness are also considered absences due to infection from Covid-19.
Therefore, the time spent in precautionary quarantine for those who have had contact with an infected person, as well as the time spent in home isolation, for those who have tested positive for the virus, cannot be evaluated for the purpose of exceeding the period of behaviour.
Art. 26 of D.L. n. 18 of 2020 provides that "until 31 December 2021, the period spent in quarantine or in permanent home is not compatible for the purpose of the period of composition".
The aforementioned rule, according to the Court, identifies the period spent in quarantine or stay at home recalls Art. 1 paragraph 2 letter. d) and c) d.l. n. 19 of 2020 indicating the subjects to whom the precautionary quarantine measure is applied, and those who have been subjected to "absolute prohibition to leave their home or dwelling for and persons subject to the measure of quarantine, applied by the mayor as local health authority, because they are positive for the virus".
The period during which the worker tested positive for Covid-19 must also be excluded from the period of composition.
Consequently, having the company imposed the dismissal before the expiration of the period of behavior the same must be considered null and void, pursuant to art. 18 paragraphs 4 and 7, l. n. 300 of 1970, the employer was ordered to reinstate the applicant and pay compensation.
