New SEPE Fines
The ministerial decision 60201 / Δ7.1422 was published regarding the categorization of violations imposed by the Labor Relations Inspectors of the Labor Inspection Body. A decision that comes to correct some injustices of the previous system of enforcement but also to prevent employers from any future violations.
The main feature is the categorization of infringements now into:
a) General Infringements and
b) Individual Violations.
From their definition it is easy to understand that they concern all the staff and they individually concern each employee.
Criteria for the imposition of administrative sanctions are the following:
The gravity of the infringement: The degree of gravity of the infringement is divided into low, significant, high and very high.
The number of employees employed under a contract of employment at the controlled place of work (headquarters, branch, etc.).
The size of the company in the controlled place of work which is inextricably linked to the number of employees as depending on the employees employed the size of the company is judged. So we have:
Small Business:
1-10 employees
Amounts of fine imposed:
300.00 euros – low
500.00 euros – significant
1000.00 euros – high and
1800.00 euros – very high
Medium Enterprises:
11-20 employees
Amounts of fine imposed:
400.00 euros – low
800.00 euros – significant
1200.00 euros – high and
2000.00 euros – very high
21-50 employees
Amounts of fine imposed:
800.00 euros – low
1500.00 euros – significant
2000.00 euros – high and
3000.00 euros – very high
Big companies
51-150 employees
Amounts of fine imposed:
1000.00 euros – low
2000.00 euros – significant
2500.00 euros – high and
4000.00 euros – very high
151-250 employees
Amounts of fine imposed:
1500.00 euros – low
2500.00 euros – significant
3000.00 euros – high and
6000.00 euros – very high
251 and more employees
Amounts of fine imposed:
2000.00 euros – low
3000.00 euros – significant
4000.00 euros – high and
8000.00 euros – very high
Repeated penalties for similar infringements: In this case the total amount of the fine is increased for low infringements 5%, for significant infringements 10%, for high infringements 15% and for very high infringements 20%. Attention the imposition of at least three (3) administrative sanctions should concern the specific place of work and different time checks during the last three years as well as the commission of the same violation to be considered "repeated"
The number of employees affected: It concerns the individual administrative sanctions since their imposition is directly related to the number of employees.
Employment status: we therefore have infringements that only concern employees with suggested work (part-time or part-time employment) and special protection workers such as minors, maternity workers, pregnant women, trade unionists.
The amounts of administrative sanctions per violation are detailed in the decision. Our view, however, is that the Ministry of Labor and every ministry should impose the fines, which it imposes, not on a “punitive” nature for companies, but rather on a compliance nature.