It is not necessary to “seriously and repeatedly violate the rules on safety measures on the worksite”
Article 14, Legislative Decree number 81/2008 authorizes the Provincial Labour Office to shut down a company in two hypothetical cases: 1) if the company employs personnel without the necessary documentation, if the number of illegal workers is equal or greater than 20% of the legally hired workforce; 2) the existence of serious and repeated cases in which the workplace health and safety rules are not respected. Even one of these two conditions will authorize the officials of the Provincial Labour Office to apply the law.
This did take place: the officials of the Provincial Labour Office, having found two illegal workers employed at a company (which made up more than 20% of the legally employed workers), i.e. workers who were not in possession of the necessary documentation or registration for labour matters. Having commanded the company to produce the “labour documentation for those workers”, when the company could not produce the papers, the law was applied.
After a pre-established period of time, the company could not come up with the required documents, so measures were taken by the Labour Department which were then recognized by the Regional Administrative Court of Basilicata, resulting in Sentence number 557, Section I, on August 26, 2014.
