DLP Insights

FATIGUING JOBS: NO SANCTION FOR DELAYS OR ERRORS ON THE NUMBER OF EMPLOYEES

Catégories: DLP Insights, Legislation

24 Juin 2011
The Ministry of Labour, with memorandum no. 15/2011, explained the formalities for the fulfillment of the communication obligation introduced by Legislative Decree no. 67/2011, which has regulated the benefit of early retirement for employees assigned to arduous and heavy jobs. Two mandatory communications have to be sent (on-line) to the local labour Authority (“Direzione Provinciale del Lavoro”) and social security institution competent for the area are two: the first one should be done within 30 days from the beginning of working activities executed with a mass process characterized by a “chain line”, or in the first application of the provision within July 31, 2011, with the form “LAV-US” (available from June 21, 2011 on Ministry of Labour website), also by labour consultants or associations; the second one regards the night-work, executed on a continuous basis or in periodic regular work-shifts, and have to be done, once a year, even through labour consultants or associations, sending the form “LAV-NOT” (available from July 20, 2011) in first application of the provision within September 30, 2011 and then no later than March 31 of each year. The sanctions, provided for each non-fulfilment, range from Eur 500 to Eur 1,500, are enjoined, allowed to be paid in a reduced measure and calculated according to the number of the omitted communications and not to the number of the employees involved. The mentioned memorandum has furthermore clarified that the sanctions are applied only for omitted communications and for those containing incorrect or not true information, while there are no sanctions for delayed communication and for those which indicates a wrong number of employees.

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