Press review
Fanpage interviews Avv. Cristiano Cominotto on workers’ rights during the heat emergency
The news outlet Fanpage.it interviewed Avv. Cristiano Cominotto, Founder and Managing Partner of A.L. AdvaLux, on a topic brought sharply back into focus by the heatwaves affecting Italy: what protections companies and employers must guarantee to workers when temperatures reach exceptional levels, especially for those working outdoors.
In the interview, Avv. Cominotto first clarifies that Italy has no comprehensive, dedicated body of law on the “heat emergency”: the framework for businesses arises from the intersection of several sources, including the employer’s general safety obligations under Legislative Decree No. 81 of 9 April 2008 and Article 2087 of the Italian Civil Code, the national and regional guidelines on heat risk, and the contingent and urgent ordinances issued by the Regions. The starting point, he stresses, is the risk assessment document (DVR): Article 28 of the Consolidated Safety Act requires the assessment of all risks, including those from microclimate and exposure to solar radiation, and once a measure proves necessary it becomes part of the employer’s binding duties, whose omission exposes the company to civil and criminal liability.
On a practical level, the lawyer notes that prevention measures now have a recognisable minimum content where the risk is medium-to-high: rescheduling working hours to avoid the hottest part of the day, recovery breaks in cool or shaded areas, constant access to drinking water, lightweight clothing and adequate personal protective equipment, training on the early signs of heat stress, and targeted health surveillance of the most vulnerable workers. On the health side, he recalls, every summer the Ministry of Health’s National Plan for the Prevention of the Effects of Heat is in operation.
To these measures is added the intervention of the Regions, which for the summer of 2026 have adopted ordinances restricting outdoor work between 12:30 and 16:00 on the days and in the areas at “high” risk, particularly in agriculture, construction, quarrying, logistics and, in several cases, for delivery riders. Breaching such measures, Avv. Cominotto points out, may amount to the offence under Article 650 of the Italian Criminal Code. Suspending or reducing activity does not, however, mean leaving workers without income: it is possible to resort to the wage supplementation fund under the “weather events” ground, as a rule when the actual or perceived temperature exceeds 35°C, while the decree-law approved by the Council of Ministers on 22 June 2026 — at the time of the interview awaiting publication in the Official Gazette — reintroduces exceptional access to social safety nets for extraordinary heatwaves.
As for the individual’s rights, Avv. Cominotto clarifies that a worker facing a situation of risk may lawfully refuse to perform the work, subject to verification that the danger actually exists, and may report any breach of the protocols to the National Labour Inspectorate or to the workers’ safety representative. In conclusion, the lawyer highlights the growing role of collective bargaining: regional ordinances do not replace statutory obligations, and the soundest approach remains to embed the heat risk firmly within the DVR, translating it into internal procedures and regulations.
A.L. AdvaLux assists companies, executives and professionals in matters of Employment Law and executive protection.