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Surveillance activity: unlawful intermediation and exploitation of work
INL,
with circular message no. 5 of February 28, 2019, determined guidelines
for surveillance on unlawful intermediation and exploitation of work
pursuant to art. 603-bis, Criminal Code.
The authority observed that the unlawful behavior of companies pursuing
a profit via unlawful intermediation of workers, with a huge cut of
labor costs to the detriment of employees and social security
institutions, is becoming increasingly frequent.
Specifically, investigations must be planned, unless the offence is
detected while it is committed, with competent Magistrates and Carabinieri
of the work protection department and must be aimed at checking the
existence of criminal evidence. The message also clarifies applicable
fines and criminal measures, which include arrest in case of flagrante delicto.
Quota 100 pension: verification of termination of subordinate employment
INPS,
with message no. 1008/2019, allowed – as an exception to general
regulations and exclusively for "quota 100" pensions from April 1st,
2019 – to proceed with the provisional payment of pensions also
without the employer’s certification of the termination of
employment, notified via UNILAV form. Payment of pension will be based
on the declarations stated in the request, as long as requisites are
met. Upon submission of the Unilav termination form, paid pensions will
be checked and any sum unduly paid will be reclaimed by INPS.
Voluntary contribution for 2019
INPS,
with circular message no. 42/2019, specified the amount of social
contribution due for 2019 in case of voluntary payment of pension
contribution, following the annual change of the ISTAT index of
consumer prices for families of workers and employees.
Repeated infraction on irregular work and safety
INL,
with note no. 2594/2019, provided clarifications on the detection of
repeated infractions, doubling the amount of fines to be applied in
case of violations on irregular work and health & safety
regulations, pursuant to new regulations brought by 2019 Budget Act.
The authority specifies that the perpetrator of the repeated infraction
is the person who acts on behalf of the company; therefore, no repeated
infraction is to be configured in case the infractions, although
indirectly referred to the same company, are perpetrated by different
persons.
Infractions are relevant for this purpose when definitively ascertained in the three years prior to the new infraction.
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