Snacks: news from digestible weekly work – issue 25
“The collective company agreement is very useful for regulating employee training and career paths, by rewarding the best through a system aimed at measuring the skills acquired.
Ministerial clarification on the compulsory use of Green Passes in land and sea transport
The Ministries of Infrastructure and Health provided details on the compulsory use of green passes in maritime and road transport. The main measures are:
Transport sector Road carriers coming from abroad without a valid Green Pass (or equivalent overseas exemption certificates) are authorized to access the places of loading / unloading of their goods, provided that the operations are carried out by other staff.
Ships flying the Italian flag, whose port of departure, stopovers or final destination are located in Italy, are considered a place of work within the meaning of art. 9 of the legislative decree of April 22, 2021, no. 52. Workers embarking or disembarking on these vessels are affected as follows:
- workers who boarded a ship before October 15, 2021 without a Green Pass (or equivalent) must remain on board and can only disembark on Italian territory if they can provide a negative Covid test; and
- workers who board a ship from October 15 to December 31, 2021 must have a Green Pass (or equivalent) (I) at the time of boarding; as good as (ii) in the event of disembarkation on Italian territory and subsequent return on board.
Circular of the Ministry of Transport, October 14, 2021, n ° 37420
Business operations can be suspended if 10% of workers are irregular
The commercial activities of a company can be suspended if more than 10% of the workforce of a company is made up of so-called “irregular” workers. Previously, a suspension was only ordered if more than 20% of the workforce was made up of irregular workers. Operations can only be resumed upon payment of a fine (variable amount) for each irregular worker. The fine is doubled if the business has already been suspended within the previous five years.
“Cassa Covid” support extended to certain industries
13 additional weeks of the “Cassa Covid” salary support program have been approved for companies in the hospitality and commerce sectors as well as for companies related to crafts and journalism. To be eligible for the extension, a company must have used the previous 28 weeks of support provided for by the original decree (called “Decreto Sostegni”). The additional 13 weeks must be used between October 1 and December 31, 2021. Companies in the textile, clothing and leather goods sectors can request an additional nine weeks of support available to those who have used the 17 weeks. previously provided. In all these cases, the use of “Cassa Covid” prevents companies from initiating collective or individual redundancies except for previously authorized reasons including cessation of activity or bankruptcy, which remain valid. Decree Council of Ministers 10/15/2021
Adjusted special leave allowance for parents under 14
The right to special leave for workers (employees and self-employed) with children under 14 years of age in “DAD” (distance education), tested positive for Covid-19 or in quarantine has been adjusted until December 31, 2021. One employee is now entitled to 50% of salary during absence from work for the reasons mentioned above. Those who have children aged 14 to 16 in DAD, are allowed to be absent from work but without pay. Sickness benefit for quarantined workers has also been extended until the end of the year. Decree Council of Ministers 10/15/2021
24 months maximum on the use of temporary workers before offering them a canceled full-time job
The rule that prevented companies from using workers hired on a temporary basis from employment agencies for more than 24 months before offering them a full-time job has been removed (it was originally in place until December 31, 2021) Decree Council of Ministers 10/15/2021
Legal dismissal for false illness
The Supreme Court has found that an employee doing alternative work while on sick leave is in breach of their contractual obligations of diligence and loyalty and is not acting in good faith. If the alternative work confirms that the employee’s illness was faked, he can be legally dismissed. Supreme Court 01/10/2021 n ° 26709
No compensation in place notice if the employer waives the resigning employee’s notice period
The Supreme Court clarified that an employer who waives the notice of a resigning employee is not required to pay him economic compensation in lieu of said notice. The notice period is binding and the withdrawing party can choose either to continue the employment relationship (for the duration of the notice period) or to pay the compensation. in place notice. In this scenario, the party that does not opt out has a right of credit which it can freely waive. Thus, if the employer, creditor of the notice period, renounces its use, the employee is not entitled to claim payment of the indemnity. in place. Supreme Court 10/13/2021 n ° 27934
Labor relations committee can dispute checks
The checks carried out by the agents of the National Labor Inspectorate concerning the employment rules implemented by an employer under Article 2 of Legislative Decree 81/2015 may be challenged before the labor relations committee created by the Italian labor authority. The Committee is not empowered to verify the working hours of part-time employees. National Labor Authority 10/13/2021 n ° 1551
Rules for early maternity leave before birth
Early and compulsory maternity leave before birth due to serious complications of pregnancy or environmental conditions detrimental to the health of mother and child begins from the date of approval by the Labor Authority. Maternity leave can also begin if an employer believes that there are roles that a pregnant employee can safely perform within the company. National Labor Authority 13/10/2021 n ° 1150.
Employer still responsible for workplace accidents
The Supreme Court has ruled that employers still have responsibility – in civil proceedings – when a fatal injury occurs in their workplace, whether or not they have delegated health and safety measures to a third party. As such, an employer cannot use delegation as an excuse for not taking responsibility. Supreme Court 09/21/2021 n. 25512