The squeeze

The cdm's green light for the new Pnrr decree. Safety at work: from October 'credit' licence for companies and the self-employed

An administrative penalty of between EUR 6,000 and 12,000 is imposed on the company or self-employed person without a licence or with less than 15 credits

by Andrea Carli and Giorgio Pogliotti

Crollo nel cantiere, Calderone: "Sulla sicurezza pronti a norme piu' incisive"

5' min read

5' min read

The Council of Ministers has approved the new Pnrr decree, which focuses on combating fraud, making implementing bodies accountable, university housing, fine-tuning governance, and pushing digitisation. The new all to speed up the implementation of the plan, which now also counts on RepowerEU funds, enhancing synergies and coordination ("It is a way to start a phase of overall accountability on the part of those who are called upon" to participate in Pnrr spending, Raffaele Fitto, Minister for European Affairs, the South, Cohesion Policies and the Pnrr, told a press conference after the cdm)

But the decree also contains regulations for safety at work. Regulations that have the substance of a squeeze. In fact, as of 1 October 2024, the 'credits' licence for occupational safety arrives. The system of credits - starting with thirty - concerns businesses and self-employed persons who must have at least fifteen in order to operate. The system is described in the draft of the measure , launched by the Council of Ministers. In the morning, the government met with the social partners.

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Calderone: after 16 years we introduce a points licence at work

"After 16 years, we are introducing the points-based driving licence, which we will develop with the support of the social partners and the building trade organisations, with the aim of growing this path and including other activities," stressed the Minister of Labour and Social Policies, Marina Calderone, at a press conference at the end of the Council of Ministers, which gave the go-ahead to the occupational safety regulations in the Pnrr decree, emphasising that now "specific attention" is being paid to construction sites.

In particular, according to the measures provided for in the new measure, companies and self-employed workers operating on temporary or mobile construction sites are required to possess the licence. The licence is issued by the National Labour Inspectorate after registration with the chamber of commerce; fulfilment by the employer and workers of training obligations; possession of the Durc, the Risk Assessment Document and the Single Tax Regularity Document. A licence with less than 15 credits does not allow companies and self-employed workers to operate on temporary or mobile construction sites. For the company or self-employed worker without a licence or with fewer than 15 credits, an administrative sanction of between EUR 6,000 and 12,000 is imposed. In short: the mechanism of the credit licence in construction is somewhat reminiscent of the points licence in driving, with points being deducted in the event of violation of the rules of the Highway Code. During the Council of Ministers meeting, Interior Minister Matteo Piantedosi is expected to give a briefing on what has happened at some demonstrations in recent days, after the controversy over the management of public order.

Pnrr, draft dl: from -20 credits less for death at work to suspension of up to 12 months

But the highlight of the measure are the occupational safety measures. In the draft Pnrr decree, it is explained that the points-based licence for occupational safety may be reduced by 20 points in the event of the death of the worker (-15 points for permanent, absolute or partial incapacity for work and -10 points for absolute temporary incapacity that leads to abstention from work for more than 40 days), but the licence may also be suspended 'up to a maximum of 12 months'. Again: 'In accident cases resulting in death or permanent absolute or partial incapacity for work, the competent territorial branch of the National Labour Inspectorate may suspend, as a precautionary measure, the driving licence up to a maximum of 12 months. The National Labour Inspectorate shall define the criteria, procedures and terms of the suspension measure. Each measure referred to in this paragraph shall state the credits deducted. The acts and measures issued in connection with the same inspection may not, in total, result in a deduction of more than 20 credits,' the draft provision goes on to state. The deducted credits, it goes on to say, 'may be reinstated' following attendance at courses.

In general, the regulatory and contributory benefits are conditional on the absence of violations including the protection of health in the workplace, compliance with collective agreements. the right to benefits is recognised in the event of subsequent regularisation of contributory and insurance obligations and ascertained violations. In addition, the personnel of contracts and subcontracts are subject to the economic treatment not inferior to that provided for by the most widely applied national collective agreements in the sector being contracted. In service contracts, the client is jointly and severally obliged with the contractor, within one year from the termination of the contract, to pay the workers the salaries and social security contributions due, even if the administration of workers is used in cases of contracting and secondment.

The squeeze

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A crackdown on undeclared work and irregularities in procurement contracts is thus emerging, following the tragedy in Florence, with five workers losing their lives in the serious work accident that occurred on 16 February at around 9 a.m. in Via Mariti, on the construction site of the new Esselunga shopping centre, in the area of the former military bakery.

Among the proposals, anticipated Labour Minister Marina Calderone, is that of re-introducing the criminal offence of illegal interposition of labour, i.e. in cases where labour is administered without there being a regular contract and a regular posting of personnel. In the note published by the government at the end of the Council of Ministers meeting, there is talk of 'provisions of a repressive nature (criminal sanctions - in place of administrative sanctions, the result of previous decriminalisation) for the hypotheses of fraudulent supply of workers, illicit use of workers, abusive supply with exploitation of minors'.

The decriminalisation of 2016

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In 2016 there was decriminalisation (with Legislative Decree No 8/2016) and since then there has only been an administrative penalty. The government's intention, Calderone explained, is to go back. Illegal administration 'is one of the most committed offences' in the field of procurement, the minister recalled, and especially in a sector such as construction, where the risk of accidents is highest, it is necessary to intervene by placing it 'under the utmost attention'.

An additional 766 labour inspectors are arriving

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The decree also includes measures to strengthen inspection staff. An additional 766 labour inspectors will arrive. In particular, 466 recruitments will be unblocked (on the basis of an old competition) and 300 new recruitments.

Domestic workers: 100% cut in contributions on hiring care over 80

The measure also includes solutions concerning domestic workers (domestic helpers and carers). The aim is to encourage the regularisation of care work performed at the home of dependent persons. In particular, according to the latest draft, the exemption from the payment of 100 per cent of the total social security and insurance contributions to be paid by the domestic employer is envisaged in the case of hiring or transforming domestic work contracts for an indefinite period of time into contracts for domestic work with duties as carers for elderly persons, with an age of at least 80 years, who already receive the accompanying allowance. The cut, which is expected to run from 1 April 2024 until 31 December 2025 for a maximum period of 24 months, provides for a maximum amount of EUR 3,000 on an annual basis, rescheduled and applied on a quarterly basis, without prejudice to the pension benefit computation rate. The employer recipient of the benefit,' the draft reads, 'must have a value of the indicator of the equivalent economic situation (Isee) for subsidised benefits of a social-sanitary nature, currently valid, not exceeding EUR 6,000. The benefit does not apply in the event that a domestic work relationship has ceased between the same worker and the same employer or person in his or her household, it continues. The coverage of the charges, amounting to €10 million for the year 2024, €39.9 million for the year 2025, €58.8 million for the year 2026, €27.9 million for the year 2027 and €0.6 million for the year 2028, is ensured, the draft still reads, by the National Youth, Women and Work Programme 2021-2027.

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