{"id":7376,"date":"2024-03-11T08:10:33","date_gmt":"2024-03-11T08:10:33","guid":{"rendered":"https:\/\/toffolettodeluca.it\/?p=7376"},"modified":"2024-03-11T08:41:32","modified_gmt":"2024-03-11T08:41:32","slug":"publication-of-new-nrrp-4-decree","status":"publish","type":"post","link":"https:\/\/toffolettodeluca.it\/en\/publication-of-new-nrrp-4-decree\/","title":{"rendered":"Publication of new NRRP 4 Decree"},"content":{"rendered":"\n

Decree Law no. 19<\/strong> of 2 March 2024 on “Further urgent provisions for implementation of the National Recovery and Resilience Plan<\/em>” has been published in the Official Gazette. Known as the NRRP 4 Decree<\/strong>, it also includes provisions regarding workers’ health and safety<\/strong> and the legal compliance of labour relations<\/strong>.<\/p>\n\n\n\n

Below is a summary of the main provisions.<\/p>\n\n\n\n

Incentives and Rewards<\/strong><\/h5>\n\n\n\n

Requirements<\/strong> to obtain legal – <\/strong>and social security contribution – <\/strong>related benefits have been extended to expressly include compliance with the rules governing the protection of working conditions<\/strong> and the health and safety of workers<\/strong>. A Ministerial Decree shall identify the relevant provisions. It is also specified that incentives are recognised also in the event of the subsequent regularisation of ascertained violations.<\/p>\n\n\n\n

Again with a view to rewarding virtuous companies<\/strong>, the Decree stipulates that, if inspections reveal no violations and\/or non-compliances in management of labour relations, the INL (National Labour Inspectorate) will present the employer with a certificate and, subject to the latter\u2019s prior consent, will add the company to a list on the INL website that can be consulted publicly, the so-called compliance list<\/strong>. Holders of this certificate will be exempt from audits by inspectors for 12 months<\/strong> regarding the areas covered by the previous audit, with the exception of health and safety.<\/p>\n\n\n\n

Subcontracting<\/strong><\/strong><\/h5>\n\n\n\n

An obligation<\/strong> has been introduced for contractors and subcontractors to ensure that contract personnel receive an overall economic treatment<\/strong> not inferior to that provided for by the national and territorial collective agreements<\/strong> most widely applied<\/strong> in the sector and in the area, as identified by the activity covered by the contract.<\/p>\n\n\n\n

In addition, the Decree specifies that the solidarity regime<\/strong>, pursuant to article 29, paragraph 2 of Legislative Decree 276\/2003, in force between the client, contractor (and subcontractor) with respect to salary and social security contribution obligations towards contract personnel, also applies in cases of unlawful<\/strong> supply, contracting and secondment.<\/p>\n\n\n\n

Criminal sanctions for procurement offences<\/strong><\/strong><\/h5>\n\n\n\n

The Decree intervenes widely and specifically on the sanctioning structure<\/strong> in the case of unlawful supply, contracting and secondment<\/strong>. In these cases, criminal sanctions have in fact been reintroduced and\/or reinforced<\/strong>: agency<\/strong> and user<\/strong> will now be punished with up to one month in prison<\/strong> or a \u20ac60 <\/strong>fine for each worker employed and for each day of work.<\/p>\n\n\n\n

In the event of fraudulence<\/strong>, namely when it is found that the staff leasing is carried out for the specific purpose of circumventing mandatory legal obligations<\/strong> or collective agreements, agency and user will be liable to a maximum of three months in prison<\/strong> or a \u20ac100<\/strong> fine for each worker involved and for each day of use.<\/p>\n\n\n\n

Illegally exercising personnel search and selection activities<\/strong> and professional outplacement support<\/strong> will also incur criminal sanctions<\/strong> and an increase in the relative fines. Criminal sanctions already in force for unauthorised intermediation activities<\/strong> as well as exploitation of minors are also confirmed.<\/p>\n\n\n\n

Another innovative aspect is the increase in fines in the case of recidivism<\/strong>. If, in fact, the employer has already received sanctions for the same offences in the previous three<\/strong> years, these will be increased by 20%, it being understood that the relative amount may not be less than \u20ac5,000 or more than \u20ac50,000.<\/p>\n\n\n\n

These rules are much stricter<\/strong> than what was previously envisaged if we consider that, even for the more serious offence of fraudulent staff leasing, repealed Article 38-bis of Legislative Decree 81\/2015 provided for application of a fine of just \u20ac20.<\/p>\n\n\n\n

Undeclared work<\/strong><\/strong><\/h5>\n\n\n\n

The administrative fine (so-called maxi-fine<\/strong>) for undeclared work or work performed without prior notice of employment<\/strong> by the employer has increased. The relevant amount will depend on the duration of the offence as detailed below, in the case of a worker employed for:<\/p>\n\n\n\n