To try to counteract the steady progression of "unrelated deaths" and accidents at work, the Government, with the decree-law of 2 March 2024 n.19 containing "Further urgent provisions for the implementation of the National recovery and resilience plan (Pnrr)", introduced significant innovations in the field of work and social security and the consequent inspections.
The provision addresses, in particular but not only, the critical issues that emerged after the very serious fatal accident last month of five workers on a construction site in Florence, with reference to the classification of the employment contract different from the sector to which it belongs, to the responsibilities in the procurement-subcontracting chain , the use of illegal work, strengthening the sanctioning system and strengthening supervisory activities.
Let's see what's new in summary.
Contribution regularity
The prediction that the recognition of regulatory and contributory benefits is subject to the absence of violations regarding labor and social legislation including, now, violations regarding the protection of working conditions as well as health and safety in the workplace identified by decree of the Ministry of Labor and Social Policies.
Furthermore, the provision is introduced that the right to benefits remains unaffected in the event of subsequent regularization of contributory and insurance obligations within the deadlines indicated by the supervisory bodies.
In relation to administrative violations which cannot be subject to regularization, the recovery of the benefits paid cannot in any case be more than double the sanctioned amount being recorded.
Contract and secondment
In the context of procurement regulations:
- in the first place staff employed in the contracting of works or services and in any subcontracting are recognized with an overall economic treatment no less than that provided for by the national and territorial collective agreement most applied in the sector and for the area whose scope of application is strictly connected with the ' activity covered by the contract (in the Florence construction site the prevailing contract applied to construction workers was the metalworking one...),
- secondly, it is established that the institution of joint and several liability for remuneration and contributions also applies in cases of illegal administration, contracting and secondment.
Increase in the maximum fine for "illegal" work
It rises increase from 20% to 30%. already foreseen in the penalty amounts of the legislation in force in the case of employment of workers "in black".
Sanctions for illicit administration
They come back to have criminal relevance illicit and fraudulent hiring of personnel, already decriminalized in 2016.
In these cases the sanctions provide for the alternative punishment of arrest or fine with the hypothesis of aggravating circumstances in cases in which the supply of work is carried out with the specific purpose of circumventing mandatory provisions of law or collective agreement applied to the worker.
Agricultural businesses and seasonal activities
Corrections have been made to sanctioning discipline regarding the employment of seasonal workers, in particular it is now expected that, in the event of exceeding the limit of 45 days per year of the agricultural services of occasional fixed-term subordinate work, the employment relationships are transformed into permanent ones.
Furthermore, it is envisaged that, in the case of the use of workers other than those of particular categories (such as the unemployed, NASpI recipients, pensioners, young people, prisoners), the pecuniary administrative sanction of the payment of a sum from 500 euros to 2500 euros for each worker to whom the violation refers, unless the violation derives from incomplete or untruthful information contained in the self-certification provided by the worker.
In these cases the warning procedure does not apply pro bono of the inspection staff to regularize the non-compliances found.
Compliance list
If you give it inspections in matters of labor and social legislation, including the protection of health and safety in the workplace, no violations or irregularities emerge, theNational Labor Inspectorate will issue a certificate and will register the company, with prior consent, in an electronic list, which can be consulted publicly, called "INL compliance list".
The employers, for a period of 12 months from the date of registration on the compliance list, will not be subjected to further checks in the matters covered by the checks, without prejudice to checks on health and safety in the workplace, or any requests for intervention, as well as the investigative activities ordered by the Public Prosecutor's Office.
In case of violations or irregularities ascertained through evidence subsequently acquired by the supervisory bodies, the National Labor Inspectorate will remove the employer from the list.
Verification of congruity
In the field of public and private procurement verification is introduced in construction, by the project manager in public procurement and by the client in private procurement, of adequacy of the incidence of manpower on the overall work.
If the supervisory bodies ascertain that this verification has not been carried out, in the public sector for contracts with a value equal to or greater than 150.000 euros and in the private sector for contracts with a value equal to or greater than 500.000 euros, sanctioning consequences are triggered.
Domestic work incentives
A is introduced incentive for hiring or transformations permanent domestic work contracts with assistant duties to elderly people, with a chronological age of at least eighty years, already in receipt of the accompanying allowance.
The incentive consists inpayment exemption of 100% of the total social security and insurance contributions paid by the domestic employer, for a maximum period of 24 months and up to a maximum limit of 3000 euros on an annual basis.
The benefit is due to the employer with an ISEE value for subsidized socio-health services not exceeding 6000 euros per year, while it is not due in the case in which between the same worker and the same employer or person in his family unit a domestic work relationship with duties of assistant to elderly people has ceased for less than 6 months, as well as in the case of hiring relatives or in-laws, unless the purpose of the relationship is to carry out care duties for disabled, disabled and blind people.
Qualification system for businesses and self-employed workers
The new provision introduces, from 1 October next, the so-called credit “license” for businesses and self-employed workers who operate on temporary or mobile construction sites where construction work is carried out.
The license system aims to represent a mechanism for the qualification and selection of companies operating on construction sites already at the time of its issuance, subject to the possession of certain requirements.
The license starts with an initial score of 30 credits and suffers variable reductions depending on the severity of the violation committed. To work on construction sites it will be necessary to have points on your license at least 15 remaining credits, under penalty of paying administrative sanctions.
Civil penalties for omission/evasion of contributions
As of 1 September 2024, important changes will be introduced to the sanctioning regulations for omission/evasion of contributions.
Furthermore, again starting from 1st September next, they are introduced new obligations for INPS. In particular, the social security institution is asked to make available to the taxpayer, or his intermediary, the elements and information in his possession relating to the same taxpayer relating to employment relationships, taxable amounts and elements relevant for the purposes of determining the contribution obligations; the taxpayer is instead given the right to report to INPS "any facts, elements and circumstances not known by the latter".
Furthermore, on the basis of this discussion, contributory non-compliances could emerge for which specific sanctions and regularization procedures are envisaged.
Implementation of inspection staff
The Decree provides for a staff implementation of the National Labor Inspectorate through the extension of hiring authorizations not yet used, the hiring of 250 new units of technical inspection personnel and an increase in 50 unit of the personnel contingent of “Carabinieri command for the protection of work”.
Restoration of INPS and INAIL inspection roles
Finally, the inspection roles of INPS and INAIL, significantly reduced since 2015, are restored and the Institutes are allowed to take on new staff to be assigned to supervisory activities, however, leaving the role and responsibilities of the National Labor Inspectorate unchanged for the purposes of planning and coordinating all supervisory activities regarding labor and social legislation.
