Pending publication in the Official Gazette, of the legislative decree on strenuous work, finally approved by the Council of Ministers on 13/04/2011, carry the latest legislation:
Art. 1 Law 183/2010 (extension of delegation to the government for regulatory reform)
The Government and’ delegate to take, within three months from the date of entry into force of this Act, one or more’ enactment of regulatory restructuring, to grant
Employees engaged in special work or activities and meet the requirements to access to retirement with effect from 1 January 2008 the possibility of achieving, on demand, the right to early retirement with lower requirements than those
provided for employees in general, according to the principles and criteria laid down in Article 1, paragraph 3, points a) a f), Law 24 December 2007, n. 247.
Remain firm for the procedures for issuing these decrees listed in subparagraphs 90 and 91 and rules for funding under paragraph 92 of that article 1 Law 24 December 2007, n. 247.
2. The legislative decrees referred to in paragraph 1 go, Article 17, paragraph 12, Law 31 December 2009, n. 196, a safeguard clause, initiative to provide that, where in the function of assessment of entitlement to emerge
differences between the costs arising from the applications received and the financial coverage, applies a policy priority, due to the maturation of the soft requirements, and, With the same’ the same, the date of application, the effect of pensions.
Art.1 paragraph 3 Law 247/07 (Delegation to regulatory reform)
The Government has the power to adopt, within three months from the date of entry into force of this Act, one or more legislative decrees, to grant to employees who meet the requirements to access to retirement with effect from 1 January 2008 engaged in specific work activities or the possibility of achieving, on demand, the right to early retirement with lower requirements than those provided for employees in general, according to the following principles and guidelines:
a) anticipation of a master reduced minimum requirement of three years and, in any case, not less than 57 years, without prejudice to the minimum old-age contributory 35 years and the commencement of the retirement scheme in the manner provided for in Article 1, paragraph 6, letters c) and), Law 23 August 2004, n. 243;
b) workers are engaged in particularly arduous tasks referred to in Article 2 Decree 19 May 1999 the Minister of Labour and Social Welfare, in consultation with the Ministers of the Treasury, Budget and Economic Planning, Health Organisation and the Civil Service; Clubs that are employees as defined by legislative decree 8 April 2003, n. 66, that, without prejudice to the criteria referred to in letter c), may rely, over the time period specified, A minimum stay during the night; or are workers engaged in the so-called "chain line" that, within a serial production process, characterized by a rhythm related to work or the measurement of production time with tasks organized in sequences of positions, carry out activities involving the constant repetition of the same work cycle on individual parts of a final product, moving continuous flow or short shots at rates determined by the organization of work or technology, with the exception of staff required to work side-line production, maintenance, to supply materials and quality control; or are the drivers of heavy vehicles used for public passenger transport services;
c) workers at retirement are in the conditions of seniority referred to in point b) must have played in the activities referred to in that letter:
1) during the transitional period, a minimum period of seven years in the last ten years of work;
2) the regime, a period of at least half of working life;
d) establish documentation and evidence on certain as to the existence of the subjective and objective, with reference to the size and the organizational structure of the, required by this paragraph, and regulate its procedure established, through audit;
and) administrative sanctions in the amount no less 500 and not more than € 2.000 euro and other measures of sanctions in case of failure by the employer of the obligations relating to reporting to the competent offices of the joint productive activity or the organization of work have the characteristics of in b), relatively, respectively, the so-called "chain line" and night work; provide, also, except as provided in Article 484 the penal code and other elements of an offense provided for under, communications in the event of false, also respect the conditions of obtaining the benefits, a penalty of up to 200 percent of the amounts unduly paid;
f) ensure, in specifying criteria for the granting of benefits, consistent with the limit of financial resources of a special fund set up, which has a budget of 83 million euro for the 2009, 200 million for 2010, 312 million for 2011, 350 million for 2012, 383 million from 2013;
g) provide that, where in the function of finding the right referred to in subparagraphs c) and) emerge, The monitoring of applications submitted and accepted, the occurrence of deviations from financial resources referred to in subparagraph f), Minister of Labour and Social Security shall promptly give notice to the Minister of Economy and Finance for the adoption of measures under Article 11-ter, paragraph 7, Law 5 August 1978, n. 468, and subsequent amendments.
Article 2 of Decree of 19/05/1999 (Decree Salvi)
1. Among the activities identified in Table A particularly strenuous, annexed to the decree
Legislative 11 August 1993, n.374, are considered particularly arduous tasks, because of
characteristics of greater severity’ wear that they are also of importance in terms of
same life expectancy, occupational risk of exposure to particularly intense, the peculiar
characteristics of the respective fields of activity with particular reference to economic and social components
that characterizes, the following, carried out in various sectors of economic activity:
“tunneling, quarry or mine”: tasks carried out underground in the nature of the prevalence and continuity;
“work in the quarries” duties performed by employees at the quarries of stone material and ornamental;
“work in tunnels” tasks performed by front feed with nature and prevalence of
continuity;
“work in compressed air caissons”;
“work carried out by divers”;
“work at high temperatures”: tasks involving exposure to high temperatures, when it is not possible to
prevention measures, which, limited, those of workers at two foundries cast, not
Remote control, refractory, of employees to casting operations manual;
“of hollow glass”: tasks of the cable in the glass blowers made by hand and breath;
“work performed in confined spaces”, with the prevalence and nature of disruption and in particular the activities of
construction, Ship repair and maintenance, tasks carried out continuously in space
Restricted, such cavities, wells, double bottoms, board or large-block structures;
“asbestos removal work” tasks performed with the prevalence and nature of continuity.
2. It is recognized, for the tasks listed in paragraph 1, a competition of the State, that can not’ overcome
the 20% and the corresponding burden and’ within the resources allocated for this purpose under a prearranged
dell’art. 3, paragraph 4, Legislative Decree 11agosto 1993, n. 374, as introduced by. 1, paragraph 34,
Law 8 August 1995, n. 335.
3. Trade unions, in Article. 1, paragraph 1, shall jointly formulate, by
same period prescribed in Article. 1, paragraph 2, proposals for setting the rates
contributory, relating to the tasks identified in paragraph 1, taking into account the estimates referred to in paragraph 2.
Upon expiry of this deadline unsuccessfully, the provisions of Article. 3, paragraph 3, of
Legislative Decree 11 August 1993, n.374, as replaced by. 1, paragraph 34, Law 8 August 1995, n.335