HR Consultancy

Undeclared work (black market)

The Ministry of Labour has planned inspections for 2014, deciding to make no less than 230,000 checks aimed at combatting undeclared work and includes 50,000 accesses and a focus on the 11 “metropolitan areas” considered most at risk. Besides, Italian Parliament has converted Decree Law no. 145/2013, which has increased administrative sanctions for the employment of illegal workers, eliminating the incentive of formal notice to correct the violations. Inspection staff may suspend business activities, if it finds "employment of personnel not recorded in mandatory documentation in an amount equal to or greater than 20 per cent of the total number of workers present in the workplace”, at the moment of the inspection.

Decree Law, no. 145/2013, converted into Law no. 9/2014 (as explanation, Ministry of Labour, Circular dated 4 March 2014, no. 5)

Lombardy: Unemployment benefit despite current regulations (CIGd), agreement until June 2014

Agreement between the Lombardy Region and the Trade Unions on social security payments expires on 31 March. There are more than 33 thousand workers in Lombardy, that in the first 3 months of the year have made use of unemployment benefit despite current regulations (CIGd). According to this agreement, the companies in crisis may continue to apply for the CIGd as of 1 April and for the next three months until the end of June 2014.

Safety guaranteed by inspections

As regards the environment where the teleworking space will be placed, the company must ensure the requirements of hygiene and safety provided by the Legislative Decree no. 81/2008. Teleworkers must also be informed about company policies regarding health and safety at work, in particular with regard to the requirements relating to video terminals, and properly enforce corporate safety guidelines. So, in order to verify the implementation of this legislation, the employer, the workers' representatives and the competent authorities have access to the teleworking space, subject to notice and consent of employee when work is carried out at its domicile. The teleworker can request inspections.

Competition, EU and Regulatory

TAR Lazio sets aside merger control prohibition

The Lazio Administrative Court of Firs Instance upheld the appeal against the decision with which almost a year ago, the Italian Competition Authority had blocked an alliance between Italgas and AcegasAps gas distribution in the North East of Italy.

The operation was to bring Italgas and AcegasAps to take joint control of Isontina Reti Gas, the Gorizia gas distributor, also giving to Isontina Reti Gas the assets of Acegas and Italgas in 42 municipalities in the North East. According to the Authority, this merger would have effectively eliminated competition in future tenders in the four geographical areas in which the companies involved are already dominant. Hence the decision to ban the operation. 

Welcoming the separate appeals filed by Italgas and AcegasAps, the Court , however, has now annulled the decision of the Watchdog noting, among other things, that the Authority was wrong to identify the sole purpose of the operation in the future participation in other tenders.

In addition, according to the judges the potential competition between Italgas and Acegas, which according to the Authority would be neutralized by the agreement, it would not be real, and therefore the concentration does not appear likely to change the current situation.

Lazio Administrative Court of First Instance (TAR Lazio), Rome, no. 3046 and 3047 of 20 March 2014

Environmental

Terna Group to invest €3.6bn in developing the grid

Terna Group’s investment plan sets out the group’s investments for the next 10 years. €3.6bn is marked for modernising the network.  The focus is on improving the grid and the distribution network to improve efficiency (saving costs for the consumer) and better integration of renewable energy plants.  A small portion will target international projects.

Environmental Tax law in force

The new law is aimed at requiring the Italian Government to introduce taxes to force energy markets to be more environmentally sustainable.  The principle at the heart of the tax system will be based on the “polluter pays” principle.

Law Decree no. 23/2014