Cig and large law firms, a lot of noise for nothing?

Cig and large law firms, a lot of noise for nothing?

The opinion of the editorialist Giuliano Cazzola

Even in the most serious emergencies there is always someone who does not hesitate to shoot on the ambulances of the Red Cross. An online newspaper, a well-known case / scandal hunter, has put a prestigious law firm at the sedan because, despite the profits declared in the 2019 financial statements, when the epidemic spreads, it asked for authorization to put its employees into cig.

Since in a rule of law there are no ethical courts (in truth it should be, but we are dangerously moving away from these principles) people's behavior is judged according to the laws.

If this is the case, before making judgments pointing to the wealthy profiteer to the plebs, two general circumstances should be taken into account.

A) Professional offices were placed in quarantine and therefore they were not allowed to work normally. The owners of law firms, then, could not even go to the Palaces of Justice, precipitously closed for the protection of staff and to avoid gatherings (it seems that the opening takes place with some delay).

B) The redundancy fund in derogation (as in 2008) has also been extended to sectors excluded by virtue of current legislation (for this reason it is called cig in derogation). And the employers who request the intervention of the cash in its different types are not asked for the tax return, with relative proof of the means.

There is no need for a company to face a deadlock, making use of the resources of previous financial statements, when it is prevented from working in the present.

It would be not only incorrect, but illegal and punishable in criminal proceedings, the professional firm that would lay off employees, making them work remotely or opening their offices secretly, thus providing the social security in place of the salary.

If the reported case had these characteristics, the study would incur a fraud against the State, because the IGC always has, as a prerequisite, the suspension of employees from work. And such behavior should be punished according to the law. But if the use of social safety nets is the consequence of blocking the activity which the professional employer has scrupulously followed, it becomes incorrect to raise a scandal.

Going from pole to branch it is urgent to solve a problem, predictable, but harbinger of serious moral and economic damage for the health personnel who fought the virus in the front line, often without protection tools, subjected to exhausting shifts and having to help a number of seriously ill patients greater than the material possibility of reception and adoption of adequate care.

We know that the committees of relatives of the victims who are asking for justice (in truth compensation) are multiplying. One account is the administrators, the general managers and the primaries, who, however, have also done what they could, but certain decisions taken can be reviewed by the judiciary.

Doctors and nurses are part of a different problem. Will the investigating magistrate take into account the emergency conditions in which the regional administrators, the mayors and the heads of the bodies had to take decisions within a few hours? And the same doctors when, perhaps, they found themselves choosing who should occupy the place that had been freed in resuscitation among so many sick people? Will the magistrate intervene, perhaps on the complaint of the family, to discuss the correctness of a technical evaluation carried out in a few minutes, perhaps realizing late that perhaps a different choice would have been more appropriate?

This is why it is not only appropriate, but necessary, a criminal shield that guarantees operators for the choices made during the emergency, except in cases of gross negligence or willful misconduct. Of course, in a country where those who act and try to perform their duty are forced to seek criminal immunity, it is not exactly destined to have a radiant fate.

This is a machine translation from Italian language of a post published on Start Magazine at the URL on Wed, 10 Jun 2020 07:05:55 +0000.