Companies are obliged to equip themselves with a safe system that detects the worker’s work schedule
13/11/2019
This was stated by the European Court of Justice
The European Court of Justice argues that enterprises have the obligation of noting “the daily working hours”. The Member States must require that every company makes use of a method that enables them to measure how much time each employee works for daily. Managing work hours in a correct way leads to an improvement of security conditions and maintains one’s health. Enterprises must use a reliable and open method in order to measure the duration of daily work. Employees must be considered the weak element in the employment relationship; companies should not have the power to ignore their employees’ rights. Supervising the length of the job performance is a fundamental tool for ensuring occupation safety and for avoiding accidents. Given the appeal and importance of this decision we will fully relate the sentence carried out by the Court of Justice regarding the work hours. (Corte di Giustizia orario di lavoro9.
According to Salvador Dalì time flows with different paces, tied to subjectivity and perceptions, it isn’t reliable nor does it have the same strength as the wilted clock found in his painting shown in the picture. On the other hand, for labor law, time is certainty and measurement of the retribution due, as well as the tool to prevent injuries.
In Italy, employees were protected by art. 18 of act n. 300/1970 (usually called “employees statue”), until 2014: workers unjustly fired could sue their employer for being reinstated to their job and for damages (salaries from firing to reinstating). So, if the judge had declared unlawful dismissal, companies had to pay years of salary and social security contribution, even if they didn’t’ get any job performance by fired employees (Italian trials were really slow). From 2015, this won’t happen anymore. In case of unlawful dismissal, employers will only have to pay damages to workers. This compensation will be reasonable: from 4 to 24 months of salary (2 months per year of working). Employees won’t have the right to be reinstated to their job, except for specific situations. So, if he doesn’t appreciate the worker, the employer won’t be obliged to readmit him in his company (except for racial, political and religious discrimination). According to new acts, civil trials are faster, thanks to their computerization. Now payment orders can be issued in a few days. Before, it took several months. Besides, debtors that refuse payments are obliged to pay default interest of 9%. So they have no incentive to delay payments: this would be too expensive. Creditors can ask the court for an order to search in public records debtor’s goods and current accounts to be attached (now access to records is allowed only to specialized agencies) . This new procedural instrument allows to attack debtor's assets more easily. Creditors will be satisfied effectively and more quickly. In this section of the website, we are going to show all this brandnew rules.
espanol