First aid and fire prevention: clarity on the role of the entrepreneur

The National Labor Inspectorate (INL) provides operational indications on the correct application of the provision referred to in art. 34 of Legislative Decree 81/2001 , concerning the direct execution by the employer of the tasks relating to safety and first aid , including evacuation during emergency situations. Andrea Sterli , lawyer and speaker of Centro Studi Castelli , a business, tax and administrative consultancy company, intervenes to clarify the picture . 

The art. 20, c. 1, lett. g) Legislative Decree 151/2015 has modified the art. 34 of Legislative Decree 81.2008 and, in particular, abrogated the c. 1-bis (introduced by Legislative Decree 106/2009) which allowed the employer to carry out first aid tasks , as well as fire and evacuation prevention, only in companies or production units employing up to 5 workers . 

With the circular n. 1/2018 , the INL decided to provide some operative indications for the correct application of the aforementioned art. 34. In particular, the INL has specified that the faculty, now extended to the employer also employing over 5 employees , to take over the first aid tasksfire prevention and evacuation (with the exclusion of the companies in any case considered to be at risk pursuant to Article 31, paragraph 6), does not mean that the employer can perform these tasks alone, or that he is exempted from specific obligations envisaged (always by the employer) by art. 18 of the same legislative decree. 

Specifically, attention was drawn to a couple of passages of art. 18, which states that the employer has the obligation to “designate the workers in charge of the implementation of fire prevention and fire fighting measures , of evacuation of the workplace in case of serious and immediate danger, rescue, first aid and, in any case, emergency management“(Article 18, paragraph 1, letter b), and has the obligation to” take the necessary measures for the purposes of fire prevention and evacuation of workplaces, as well as measures for the case of serious and immediate danger “ . These measures must be appropriate to the nature of the activity , the size of the company or production unit and the number of people present “(Article 18, paragraph 1, letter t). A reference is made to art. 42, c. 2, according to which ” for the purposes of the designations referred to in art. 18, c. 1, lett. b), the employer takes into account the size of the company and the specific risks of the company or production unit “(Article 43, paragraph 2).

In light of the regulatory framework, the fact that the employer, after adequate training, can carry out the activities described above, does not imply that he can operate in total autonomy in the performance of these tasks: the employer, in fact, must use the workers in charge of the implementation of the aforementioned measures , which must be designated in an adequate and sufficient number, in compliance with the provisions of art. 43, c. 2 Legislative Decree 81/2008. 

Occasional self-employment: here are some clarifications

After the repeal of the vouchers , one of the possible alternatives for not losing an effective and flexible tool for the life of the entrepreneur is the occasional self-employment ex art 2222 CC . Let’s try to clarify with a deepening of Giorgia Granati , DTL consultant for the Centro Studi Castelli . 

One of the aspects of self-employment benefits pursuant to Article 2222 of the Civil Code, with VAT number or withholding tax, concerns the significant elements in order to exclude the desire to conceal the relationshipto the Public Administration. One of these elements is the documentation of a social security nature , where the ratio exceeds 5 thousand euros of total annual compensation. 

Regarding the other elements, the circular of the Ministry of Labor and Social Policies No. 38/2010 was pronounced , which specified the relevance, for the purposes of the non-applicability of the maxi sanction , of ” valid fiscal documentation ” where the provision of occasional self-employment pursuant to art. 2222 CC is retrained as a subordinate work serviceduring the inspection.  

It should be specified, on the point, that ” valid tax documentation “, such as to exclude the application of the maxi sanction is meant the required tax documentation (payment of withholding taxes through F24 , accounting records and statement of mod 770 ) produced in relation to the period under investigation . 

Therefore, even self-employment for which a regular withholding tax has been issued , transcribed in the mandatory tax documentation, can not be considered a black-and-white job., despite the redevelopment of work performance as a subordinate work service: in this case, it should not, therefore, come to the application of the maxi sanction. 

In particular, circular no. 38/2010 has thus specified: ” the inspection staff will impose the maxi sanction in the absence of documentation useful for a verification of the alleged autonomy of the relationship “. This documentation must obviously refer to a period prior to the assessment : an aspect specified by art. 4, c. 1, lett. a) and b) L. 138/2010 (which amended Article 3 of Decree Law No. 12/2002, converted into Law 73/2002), determining the application of the so-called “maxi sanction”in the case of employment of subordinated employees without prior notification of the establishment of the relationship by the private employer “, unless the previously fulfilled contributory obligations, the intention is not to conceal the relationship, even if it is a question of different qualification “. 

The rationale of the law is to link the application of the maxi sanction to the existence of services of a subordinate nature, taken in place without compliance with the obligations of disclosure required by law or in the absence of the related contributory obligations that still highlight the desire not to conceal the relationship. Confirming, if necessary, the nature of the additional sanctioning measure of the possible maxi sanction, as it does not replace, but is added to all the other penalties provided for by the law in cases of irregular constitution of the employment relationship. 

Who is the Data Protection Officer and when is it mandatory?

It must not possess specific certifications or registrations in specific registers, but an in- depth knowledge of the legislationand practice on privacy . It is the Data Protection Officer , key figure introduced by the new European regulation on the protection of personal data – known to most as GDPR . Through an adequate professionalism, the DPO (acronym of Data Protection Officer) must offer the company the necessary advice to design, verify and maintain an organized system of personal data management . Furthermore, it must help the holder to adopt a complex of appropriate measures and guarantees with regard to the context. His actions must be carried out in complete independence and autonomy , without receiving instructions and reporting directly to the summits.

THE DUTIES OF THE DATA PROTECTION OFFICER

The Regulation n. 2016/679 on privacy does not contain indications on the professional qualities of the Data Protection Officer – or even Data Protection Officer (RPD). What we know today about this important figure is the result of a series of interpretations, not without misunderstandings. We know for sure that the DPO must:

• enforce the rules on privacy through the verification and continuous and constant monitoring of how the data are processed; 
•     know the legislation concerning data protection both at national and European level; 
•     know the GDPR regulations ; 
• have expertise in the field of legal , IT and assessment of risk ;

The Data Protection Manager may be chosen from within the company organization chart , or an external figure may be preferred . This jurisdiction must not be in conflict of interest . It is for this reason that the Regulation in question says that it can not be the CEO of the company, or the administrative, health and operational manager, as well as that of human resources. And finally, the Data Protection Officer will have to work in complete autonomy, without receiving any kind of education on his activities.

WHEN IT IS OBLIGATORY TO IDENTIFY A DATA PROTECTION OFFICER

The legislation on the protection of personal data will come into force on 25 May next and, for some companies, the figure of the DPO will be mandatory . There are 3 hypotheses in which this figure must necessarily be assumed:

• in the event that the processing of data is performed by a public body or the Public Administration ; 
• when it comes to companies that deal systematically with large-scale personal data , for which continuous monitoring and observation over time is required. That is when the treatment is the core business of the company, even if related. For example, the core of a hospital is patient health, but to best perform this work, data processing becomes paramount. Therefore, a hospital is obliged to designate a DPO; 
• when it comes to activities that deal with itsensitive or judicial data on a large scale.

In general, the designation of a DPO is always recommended. Companies can decide in total autonomy whether to elect it or not. In this case, even if the appointment is voluntary , the Data Protection Officer must follow the same rules and will have the same duties as the mandatory one.

Once identified, the DPO must be nominated through a contract. The appointment must be communicated to the Corporate Audit Authority, or to the Privacy Guarantor .

Family collaborators in crafts, agriculture and commerce: the clarifications of the INL

In March 2018, with a circular letter , the National Labor Inspectorate (INL) wanted to provide operational indications , shared with the Ministry of Labor, INPS and INAIL, to its own inspection staff on the subject of collaborations made by family members in the craft enterprise , agricultural or commercial , for the purposes of the social security scheme . The circular identifies orientation parameters and case studies useful for the verification of the occasional nature of family collaborations. The need to provide specific indications and clarifications arises from the observed discrepancies in the assessment, during surveillance activities, of the indices of habituality and prevalence of work activity rendered by collaborators and family assistants, in particular in relation to commercial activities.

The INL specifies, however, that the activities performed by collaborators or family members must necessarily be evaluated in their specificity and therefore always through an analysis on a case-by-case basis. For example, the services provided by the pensioner family who does not guarantee a continuous presence, or those rendered by the family member who already has full-time employment, can be traced back to forms of temporally circumscribed solidaristic needs and consequently have a character of occasionality, with the consequent exclusion of the obligation to register for the relative social security management.

In other cases, the INL has decided to provide its inspection staff with an assessment index of occasionality of the servicethat is similar to the criteria adopted by the legislator for the craft sector (90 days in the year) and is based on the orientation of the jurisprudence of legitimacy for the commerce sector, with regard to the requirements of habitability and prevalence of the provision as per art. 2 of the Law n. 613/1966. The index identified is also considered useful in relation to the tourism sector , bearing in mind that, if the performance is performed within seasonal activities, the same index (90 days in the year) will obviously be recalculated according to the effective duration of the ‘seasonal activity (for example, for a seasonal duration of three months, 90: 365 x 90 = 22 days).

The indications provided by the INL with the circular letter of March 2018 refer to the social security obligations towards INPS. As regards the insurance protection against accidents at work and occupational diseases managed by INAIL for family workers in the sectors of crafts, agriculture and commerce , the clarifications contained in the previous circular letter no. 14184 of the Ministry of Labor of 5.08.2013, to which explicit reference must be made.

In any case, it should be remembered that the assessment criteria identified are not intended in absolute terms and that, if you do not do so, the inspection reports must be promptly motivated in order to reconstruct the ratio in terms of habitual or prevalent work performance found.

Top 5 of the happiest US companies to work in 2018

In Italy are the Hilton, ConTe Assicurazioni and American Express, in America instead Keller Williams Realty , Nike and Total Quality Logistics . The eighth edition of the research conducted by CareerBliss – a California recruitment company – which sheds light on the happiest US companies to work in 2018 is out . A healthy and serene business climate, satisfied employees, productivity to the stars: these are the characteristics of the companies where you are better off. 

The research interviewed tens of thousands of employees and asked them to assess employers on some key factors, such as: resource managementand the relationship with them, the work environment, retribution , gratification both at work and as an opportunity for growth . The result was a list of 50 perfect companies: here are the top 5 . 

The first place is by Keller Williams Realty . The company in Austin, Texas, has 175,000 agents in over 900 metropolitan areas and claims to be the largest real estate franchise in the world by number of commercials. An employee of Keller Williams Realty said: “One of the biggest advantages is the way our company promotes the working group. All employees are encouraged and supported to be in control of their growth and career paths . ” 

The king of sneaker Nike is in second place, remains one of the most valuable brands in the world , and is going through a big digital transition, in as more and more consumers buy online. in June announced the initiative “NIKE direct”: the company is looking to sell more products directly to consumers through the site and the shops, rather than relying on traditional retailers like Footlocker. 

Total Quality Logisticsinstead, he won the third step of the podium. The Cincinnati transport company is North America’s second largest freight brokerage company and has the ability to connect customers with a network of over 60,000 carriers. Technology and customer care are the weapons of its success. 

Adobe is the fourth happiest company, according to CareerBliss. The Silicon Valley technology giant invented PDFs and launched them in 1993. It claims PDFs have reduced environmental impact by 91% and produced 90% savings compared to paper-based processes . And Adobe Photoshop software is used by 90% of creative professionals. “The atmosphere is highly collaborative and energizing. People have always been friendly and helpful, “wrote an interviewed employee.The 

pharmaceutical giant Amgen is in fifth place.The drug for arbrite Enbrel is its best-selling product, with revenues of nearly $ 6 billion in 2016 alone ” The balance between work and private life is fantastic. Working for Amgen is very rewarding because you have the chance to see the positive impact that your work has on the lives of patients, “said a West Coast employee.

SMEs and business risk: why it is important to make sure

The world today has profoundly changed. And this is not new. Progress and growth in the twentieth century were linear and constant, but in the 21st century nothing can be foreseen , nothing is clear. Especially if we talk about companies, today, the risk is very high and the questions that many entrepreneurs ask themselves are: are they able to deal with the damages for my responsibilities? To protect my employees? What kind of economic protection does my company have if production remains steady?

In short, there is no venture without risk, but not all risks are good. In fact, there are speculative risks that are physiological and good (ie those risks linked to future events that can increase or reduce the value of the company, eg launch of new products, new markets, financial investments) and there are risks pure that are, so to speak, bad (that is, non-competitive risks connected to sudden events capable of reducing the value of the company, eg fires, accidents, civil liability).

And it is precisely starting from the bad risks that companies have to acquire greater awareness and protect themselves . By unpacking the concept, protecting your business means:

•     Protect financial capital ;
•     Protect economic capital ;
•     Protect capital assets ;
•     Protect human capital ;
•     Protect cultural capital ;
•     Protect the fiduciary capital ;
•     Protect civil capital .

To protect all these aspects the entrepreneur needs to take out an insurance policy : but what are the arguments that drive him to secure his company? Insured SMEs can access credit with lower average rates and have a better credit-to-loan ratio . Moreover, for the companies that assure the production processes, the contingencies do not impact on the heritage , but only on production (but this can also be guaranteed).
On the other hand, unforeseen PMIs double their negative consequences, impacting both on production and on the ability to repay the contracted debt or require additional financing for the repair. It is clear, from this simple analysis, how important it is for entrepreneurs to insure their company and not manage contingencies on their own.

Specifically, there are 3 types of integrated coverage to protect business income. Let’s see them in detail.

Protection of invested capital

The protection of invested capital refers to the protection of material productive factors and of production continuity . In simpler terms, every entrepreneur relies on the machinery, on the various plants, on the logistics for the productivity of his company: in case of unexpected damage, how can he prepare the economic resources necessary to buy new machinery , or fix existing ones, and resume the production activity as soon as possible? Thanks to a protection of the invested capital, the company can cope with this need.

Protection against civil liability

The civil liability of a company refers to the responsibility that the carrying out of the activity has in respect of damage caused to third parties : for example, a mistake by employees , damage caused by a defective product, an unexpected product produced by the building. These damages are difficult to quantify , unlike the damages that affect the company assets, and without adequate insurance coverage they can represent a huge risk for the assets.

Protection of human capital

A company goes forward only and thanks to the resources that the entrepreneur decides to put in place for the achievement of business objectives. It is necessary to protect and  protect the workforce in order to face the situation if injuries , illness or death are necessary . The insurance on human capital also help to create welfare in the company, they manage to retain the employee and make him feel part of a reality that cares about its tranquility and its effectiveness on the job.

In conclusion, company safety is an important point not to lose the continuity of production that guarantees constant growth , both for companies and for workers.