The Maxi-Sanction for Upmmersed Work: When does it take?
The employer who occupies employee workers without having to have previously communicated the hiring by sending the model “Unilav“Incorre into the so -called Maxi-Sandation for Sommersed Work (pursuant to article 3, paragraphs 3-5, decree-law 22 February 2002, number 12).
The amount of the sanction (hence the “maxi” appellation) is of not negligible amountlinked to the days of actual use of the person.
The imposition of the measurement excludes all other administrative sanctions which can accompany the use of “black” workers such as:
- missed mandatory communications;
- omitted or unfaithful registration on the single work book (Lul);
Except for the other penalties possibly provided for by the legislation, such as that for failure to pay the remuneration with traceable tools.
Who adopts the maxi-canzation?
The imposition of the sanction is of competence of the supervisory bodies (inspectors) in charge of carrying out assessments on tax, contributory matters and on the management of employment relationships.
The authority responsible for receiving the report is theTerritorial Labor Inspectorate (ITL) competent.
How much is the maxi-sanction?
The maxi-sanction for black work is concretized in an administrative-pacunic measurement:
- from 1,950.00 to 11,700.00 euros for each irregular worker, in case of effective employment up to 30 days;
- from 3,900.00 to 23,400.00 euros for each irregular worker, in case of effective employment from 31 to 60 days;
- From 7,800.00 to 46,800.00 euros for each irregular worker, in the event of effective employment of the employee over 60 days.
The sanctions described, if it is:
- use of foreign workers;
- minors of non -working age;
- beneficiaries of citizenship income;
I am increased by 20%.
The increase operates even in case of employment of a beneficiary worker:
- of citizenship income which, although not the applicant right, belongs to the family unit recipient of the subsidy;
- support for training and work (SFL);
- of the inclusion allowance (ADI).
The warning procedure
Except for the hypotheses of the use of foreign workers, minors or beneficiaries of citizenship income operates a warning procedure. The latter provides, with regard to the workers in black still in force and without prejudice to the hypothesis in which they are located regularly occupied For a subsequent period of work:
- the stipulation of an indefinite subordinate employment contract (alternatively, a part-time with a reduction of the time not exceeding 50% of the full-time one) or of a full-time contract for a duration of not less than 3 months;
- The maintenance of employees subject to regularization for at least 3 months, net of the period carried out in black.
The employer who, before the drafting of the report, demonstrate the following obligations:
- regularization of the irregular work period;
- stipulation of the employment contract according to the types described above;
- maintenance in service of the employee for at least 3 months (90 days), with an attached payment of INPS INAIL insurance premiums;
It is admitted to the payment of the administrative sanction to the minimum extent, to be paid within 120 days from the notification of the minutes.
Suspension of the activity
Without prejudice to the application of Other sanctions contemplated by the legislation, the use of irregular staff exposes the company to a measure to suspend the entrepreneurial activity affected by the use of black workers. There suspension it is arranged when the number of irregular workers is equal to or greater than 10% of the total employees present in the workplace at the time of inspection access.
Following the suspension and for the entire period of operation of the same, the company is done prohibition to contract with the public administration and contracting stations.
In this regard, the suspension measure is communicated to the National Anti -Corruption Authority (ANAC) and the Ministry of Infrastructure, for the areas of respective competence.
Unlike the suspension of the entrepreneurial activity (limited to the production unit only with respect to which the conditions for its adoption were verified and, with regard to construction, the activity carried out by the company in the single construction site) the interdiction to contract with the PA it concerns the company as a whole.
