|
LEGISLATIVE DECREE No. 345 of 4
AUGUST 1999 IMPLEMENTING THE DIRECTIVE No. 94/33 EC
ON THE PROTECTION OF
YOUNG PEOPLE AT WORK
THE PRESIDENT OF THE REPUBLIC
Having regard to articles 76 and 87 of the Italian Constitution;
Having regard to Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work;
Having regard to Law No. 128 of 24 April 1998 concerning "Provisions for fulfilling obligations deriving from Italy's membership of the European Communities" (Community law 1995-1997), and especially article 50 establishing criteria for delegating to the Government the inclusion in the Italian system of Directive 94/33/EC;
Having regard to Law No. 977 of 17 October 1967 on "Protection of children and adolescents at work" and subsequent amendments and additions;
Having regard to Legislative Decree No. 626 of 19 September 1994, and subsequent amendments and additions, concerning "Implementation of Directives 89/391/EEC, 89/654/EEC, 89/655/EEC, 89/656/EEC, 90/269/EEC, 90/270/EEC, 90/394/EEC and 90/679/EEC on improving workers' safety and health in the work place ";
Having regard to Legislative Decree No. 645 of 25 November 1996 on "Inclusion of Directive 92/85/EEC on measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding";
Having regard to Law No. 9 of 20 January 1999 on "Urgent provisions to raise the school-leaving age";
Having regard to the preliminary deliberation of the Council of Ministers, adopted at the meeting of 21 May 1999;
Having regard to the opinion of the standing conference on the relations between the State, the regions and the autonomous provinces;
Noting the opinions of the competent standing committees of the Chamber of Deputies and Senate of the Republic;
Having regard to the decision of the Council of Ministers, adopted at the meeting of 29 July 1999;
At the suggestion of the Minister for Community Policies and the Minister of Labour and Social Welfare, in agreement with the Ministers of Health, Education, Cultural Heritage and Activities, Industry, Trade and Handicraft, Foreign Affairs, Justice, Treasury, Budget and Economic Planning, Social Solidarity, Public Administration and Equal Opportunities;
ISSUES
the following
legislative decree
Article 1
1. This decree amends and completes Law No. 977 of 17 October 1967, to bring it into line with the principles and rules of Council Directive 94/33/EC of 22 June 1994.
2. Unless otherwise stated in this decree, the provisions of Legislative Decree No. 626 of 19 September 1994 and subsequent amendments remain in force.
Article 2
1. In the title and provisions of Law No. 977 of 17 October 1967, the word "fanciullo" (child) is replaced by "bambino" (child).
2. In the entire text of Law No. 977 of 1967 the expression "Ispettorato provinciale del lavoro" (Provincial labour inspectorate) is replaced by "Direzione provinciale del lavoro" (Provincial labour directorate).
Article 3
1. Article 1 of Law No. 977 of 17 October 1967 is replaced by the following:
"Article 1 - 1. This law applies to young people under 18 years of age, hereinafter called "minors", having an employment contract or an employment relationship, whether ordinary or special, that is governed by existing regulations.
2. For the purpose of this
law:
(a) "child" shall mean any young person of less than 15 years of age or who is still subject to compulsory education;
(b) "adolescent" shall mean any minor of at least 15 but less than 18 years of age who is no longer subject to compulsory education;
(c) "working time" shall mean any period during which the minor is at work, at the employer's disposal and carrying out his/her activities or duties;
(d) "rest period" shall mean any period which is not working time.".
Article 4
1. Article 2 of Law No. 977 of 17 October 1967 is replaced by the following:
"Article 2 - 1. This law shall not apply to adolescents assigned to occasional or short-term work involving:
(a) domestic service in a private household;
(b) work regarded as not being harmful, damaging or dangerous to young people in a family undertaking;
2. With regard to young pregnant workers, workers who have just given birth or are breastfeeding, the provisions of Legislative Decree No. 645 of 25 November 1996 shall apply where such provisions are more favourable to the workers than this law;
3. With regard to adolescents working on board ship, the specific legislative and regulatory provisions on health monitoring, night work and weekly rest shall apply.
Article 5
1. Article 3 of Law No.
977 of 17 October 1967 is replaced by the following:
"Article 3 - 1. The minimum age for admission to work shall be the age at which the minor completes compulsory education and in no circumstances may be lower than 15 years."
Article 6
1. Article 4 of Law No. 977 of 17 October 1967 is replaced by the following:
"Article 4 - 1. It is forbidden to assign children to work, except for those cases provided for in sub-paragraph 2.
2. The Provincial Labour Directorate may authorise, upon written consent of the parental authority, the employment of children in cultural, artistic, sport or advertising activities and in the entertainment sector, provided that such activities are not prejudicial to the safety, psychological and physical wellbeing and development of the minor, to his/her school attendance or participation in vocational guidance and training programmes.
3. The authorisation shall be granted in accordance with Presidential Decree No. 365 of 20 April 1994."
Article 7
1. Article 6 of Law
No. 977 of 17 October 1967 is replaced by the following:
"Article 6 - 1. It is prohibited to assign adolescents to work processes, operations and tasks listed in annex I.
2. By way of derogation from the prohibition referred to in sub-paragraph 1, the work processes, operations and tasks listed in annex I may be carried out by adolescents for educational or vocational training purposes and for the time strictly required by such activities, provided that the work is performed under the supervision of an experienced person, competent in protection and safety matters, and in compliance with the safety and health measures provided for by the existing legislation.
3. With the exception of vocational training institutions, the training activities referred to in sub-paragraph 2 shall be subject to the authorisation of the Provincial Labour Directorate.
4. With regard to tasks entailing ionising radiation, the provisions of Legislative Decree No. 230 of 17 March 1995 shall apply.
5. Annex I is brought into line with technological progress and the development of Community regulations by decree of the Ministry of Labour and Social Welfare in agreement with the Ministry of Health.".
Article 8
1. Article 7 of Law No. 977 of 17 October 1967 is replaced by the following:
"Article 7 - 1. Before assigning minors to work and when there is any major change in working conditions, the employer shall assess the hazards to young people in accordance with article 4 of Legislative Decree No. 626 of 19 September 1994, paying special attention to the following:
(a) immaturity, lack of experience and awareness with regard to existing or potential hazards, due to age;
(b) the fitting-out and layout of the workplace and the workstation;
(c) the nature, degree and duration of exposure to chemical, biological and physical agents;
(d) manual handling of loads;
(e) the arrangement, range, use and handling of work equipment, in particular agents, machines, devices and tools;
(f) the arrangement of work processes and operations and the way they interact with the overall organisation of work;
(g) the level of training and instruction given to young people.
2. With regard to minors, the information referred to in article 21 of Legislative Decree No. 626 of 1994 is transmitted also to the parental authority.".
Article 9
1. Article 8 of Law no. 977 of 17 October 1967 is replaced by the following:
"Article 8 - 1. Children, in the cases referred to in article 4, sub-paragraph 2, and adolescents may be admitted to work provided that they are declared fit for the tasks they are assigned to after a medical examination.
2. The minors' fitness for the tasks they are assigned to, mentioned in sub-paragraph 1, shall be assessed through medical examinations carried out at regular intervals of no longer than one year.
3. The medical examinations referred to in this article shall be carried out under the responsibility and at the expense of the employer by the competent local health unit.
4. The results of the medical examinations within the meaning of sub-paragraphs 1 and 2 shall be attested by the appropriate medical certificate.
5. When the doctor deems that an adolescent is not fit for any or some of the jobs within the meaning of article 6, sub-paragraph 2, he shall specify in the certificate which jobs the young person must not be assigned to.
6. The results concerning the minor's fitness or total, partial or temporary unfitness shall be notified in writing to the employer, to the worker concerned and to the parental authority. The latter is entitled to ask for a copy of the health file.
7. Minors who, after medical examination, are deemed unfit for a certain job, may not be assigned to that job at a later stage.
8. The provisions of the preceding sub-paragraphs do not apply to adolescents employed in activities which are subject to the regulations on health monitoring of workers referred to under Title I, section IV of Legislative Decree No. 626 of 1994.".
Article 10
1. Article 15 of Law No. 977 of 17 October 1967 is replaced by the following:
"Article 15 - 1. It is prohibited to assign children to night work, except for those cases referred to in article 17.
2. The term "night" refers to a period of at least 12 consecutive hours which includes 10 p.m. to 6 a.m. or 11 p.m. to 7 p.m. Such periods may be interrupted in the case of activities involving periods of work that are split up over the day or are of short duration.".
Article 11
1. Article 17 of Law No. 977 of 17 October 1967 is replaced by the following:
"Article 17 - 1. By way of derogation from the provisions of article 15, minors employed in the activities referred to in article 4, sub-paragraph 2, are allowed to work up to, but not beyond 12 p.m. In this case the minor shall enjoy, on accomplishment of his/her task, a period of rest of at least 14 consecutive hours.
2. Adolescents over 16 years of age may be assigned to night work, exceptionally and for the time strictly necessary, in the event of force majeure which hinders the functioning of the undertaking, provided that such work is temporary and without delays and that adult workers are not available. In this case the young worker is entitled to an equivalent period of compensatory rest within the following three weeks. The employer shall immediately inform the Provincial Labour Directorate specifying the names of the young workers concerned, the circumstances considered force majeure and the hours of work."
Article 12
1. In article 19, sub-paragraphs 1 and 2, of Law No. 977 of 17 October 1967, the words "I fanciulli" (the children) are deleted.
Article 13
1. The second and third sub-paragraphs of article 22, Law No. 977 of 17 October 1967, are replaced by the following:
"Minors are entitled to a weekly rest period of at least two days, which shall be consecutive, if possible, and include Sunday. Where justified by proven technical and organizational reasons, the minimum rest period may be reduced, but may in no circumstance be less than 36 consecutive hours. Such rest periods may be interrupted in the case of activities involving periods of work that are split up over the day or are of short duration.
With regard to minors employed in cultural, artistic, sport and advertising activities or in the entertainment sector, as well as adolescents employed in the tourism, hotel and catering sectors, the weekly rest may be also granted on a day other than Sunday."
Article 14
1. Article 26 of Law No. 977 of 17 October 1967 is replaced by the following:
"Article 26 - 1. Non-compliance with the provisions of articles 4, sub-paragraph 1; 6, sub-paragraph 1, and 8, sub-paragraph 7, is punishable with up to six months imprisonment.
2. Non-compliance with the provisions of articles 3; 6, sub-paragraph 2; 7, sub-paragraph 2; 8, sub-paragraphs 1, 2, 4 or 5; 15, sub-paragraph 1; 17, sub-paragraph 1; 18; 21 or 22 is punishable with uo to six months imprisonment or a fine of up to ten million lire.
3. Non-compliance with the provisions of articles 8, sub-paragraph 6; 17, sub-paragraph 2; 19 and 20, sub-paragraphs 1 and 2, is punishable with an administrative sanction of between one and five million lire.
4. Whoever employs minors in the cases provided for in article 4, sub-paragraph 2, without the authorisation of the Provincial Labour Directorate, shall incur an administrative sanction of up to five million lire.
5. Whoever employs minors in the cases provided for in article 6, sub-paragraph 3, without the authorisation of the Provincial Labour Directorate, shall incur an administrative sanction of up to five million lire.
6. The sanctions provided for non-compliance with the provisions of articles 3; 4, sub-paragraph 1, and 6, sub-paragraph 1, also apply in proportion of at least half of the set maximum amount to whoever, having authority or a supervisory role with regard to the minor, allows him/her to be employed in violation of those articles.
7. The Provincial Labour Directorate is the body competent to deal with the report of administrative violations provided for by this article and to issue the injunction.
8. The provisions of section II of Legislative Decree No. 758 of 19 December 1994 apply to the sanctions referred to in sub-paragraph 2.
Article 15
1. The following annex is added to Law No. 977 of 17 October 1967:
"Annex I.
I. Work processes entailing exposure to the following agents:
1. Physical agents:
(a) hyperbaric atmosphere, e.g. pressurised containers and underwater diving, without prejudice to the provisions of Presidential Decree No. 321 of 20 March 1956;
(b) noise reaching levels higher than those provided for by article 42, sub-paragraph 1, of Legislative Decree No. 277 of 15 August 1991.
2. Biological agents:
(a) biological agents belonging to groups 3 and 4, within the meaning of Title VIII of Legislative Decree No. 626 of 1994, and those genetically modified belonging to group II within the meaning of Legislative Decrees No. 91 and No. 92 of 3 March 1993.
3. Chemical agents:
(a) substances and preparations classified as toxic (T), very toxic (T+), corrosive (C), explosive (E) or extremely inflammable (F+) in accordance with Legislative Decree No. 52 of 3 February 1997 and subsequent amendments and additions, and Legislative Decree No. 285 of 16 July 1998;
(b) substances and preparations classified as harmful (Xn) in accordance with the legislative decrees referred to in sub-paragraph 3(a) and entailing one or more of the risks described by the following phrases:
(1) danger of very serious irreversible effects (R39);
(2) possible risk of irreversible effects (R40);
(3) may cause sensitisation by inhalation (R42);
(4) may cause sensitisation by skin contact (R43);
(5) may cause heritable genetic damage (R46);
(6) danger of serious damage to health by prolonged exposure (R48);
(7) may impair fertility (R60);
(8) may cause harm to the unborn child (R61);(c) substances and preparations classified as irritant (Xi) and entailing one or more risks described by the following phrases:
(1) may cause sensitisation by inhalation (R42);
(2) may cause sensitisation by skin contact (R43);(d) substances and preparations referred to in Title VII of Legislative Decree No. 626 of 1994;
(e) lead and compounds;
(f) asbestos.
II. Processes and work:
(1) processes and work referred to in Annex VIII to Legislative Decree No. 626 of 1994.
(2) Manufacture and handling of devices or other objects containing explosives, without prejudice to the provisions of Presidential Decree No. 302 of 19 March 1956.
(3) Work in menageries with fierce or poisonous animals as well as leading and attending to bulls and stallions.
(4) Work in slaughterhouses.
(5) Work involving the handling of equipment for the production, storage or application of compressed, liquefied or dissolved gases.
(6) Work with vats, tanks, reservoirs or carboys containing chemical agents referred to in I.3.
(7) Building work entailing demolition, mounting and dismantling of external and internal scaffolding.
(8) Work involving high-voltage electrical hazards as defined by article 269 of Presidential Decree No. 547 of 27 April 1955.
(9) Piecework the pace of which is determined by the machinery.
(10) Use of high-temperature ovens (over 500° C) such as those for the production of cast iron, ferro-alloy, iron or steel; demolition, reconstruction and repair of those ovens; work with rolling-mills.
(11) Work in foundries.
(12) Electrolytic processes.
(13) Production of synthetic rubber; manufacture of natural and synthetic rubber.
(14) Production of ferrous and non-ferrous metals and their alloys.
(15) Sulphur manufacture and processing.
(16) Excavation work, including extraction of materials, assembling and dismantling of scaffolding, driving and manoeuvring mechanical tools and cutting rocks.
(17) Work in tunnels, quarries, peat bogs and the mining industry in general.
(18) Mechanical processing of minerals and rocks, with regard to cutting, crushing, pulverisation and dry sifting of pulverulent products.
(19) Tobacco processing.
(20) Construction, transformation, repair, maintenance and demolition of ships with the exception of tasks carried out in workshops on land.
(21) Production of hydraulic lime
(22) Processes entailing the risk of silicosis.
(23) Manoeuvring mechanical traction lifting equipment, with the exception of lifts and goods elevators.
(24) Work in wells, tanks and similar environments.
(25) Work in cold stores.
(26) Manufacture, processing and handling which entail exposure to pharmaceuticals.
(27) Driving vehicles and self-propelled mechanical machines as well as cleaning and servicing engine and transmission parts which are in motion.
(28) Metal spraying.
(29) Tree felling.
(30) Cleaning chimneys and furnaces in combustion plants.
(31) Opening, scutching, carding and cleansing of textile fibres, vegetable and animal horsehair, feathers and hair.
(32) Manufacture and processing of mineral and artificial fibres.
(33) Sorting and chopping waste rags and paper.
(34) Work with pneumatic hammers, flexible shaft wheels and other vibrating tools; use of nail guns.
(35) Manufacture of metal powders.
(36) Welding and cutting metals with electric arc, oxyhydrogen or oxyacetylene torches.
(37) Work in butchers' shops entailing the use of sharp tools, saws and grinding machines.
Article 16
1. The following articles and decrees were repealed:
(a) articles 5, 9, 10, 11, 12, 13, 14 and 16 of law No. 977 of 17 October 1967;
(b) Presidential Decree No. 36 of 4 January 1971;
(c) Presidential Decree no. 432 of 20 January 1976.
This decree, with the Great Seal, shall be included in the official collection of the normative acts of the Italian Republic. Those concerned are obliged to comply with it and to ensure compliance.
Rome, 4 August
1999
CIAMPI
D'ALEMA, President of
the Council of Ministers
LETTA, Minister for Community Policies
SALVI,
Minister of Labour and Social Welfare
BINDI, Minister of
Health
BERLINGUER, Minister of Education
MELANDRI, Minister of Cultural
Heritage and Activities
BERSANI, Minister of Trade, Industry and
Handicraft
DINI, Minister of Foreign Affairs
DILBERTO, Minister of
Justice
AMATO, Minister of the Treasury, Budget and Economic
Planning
TURCO, Minister for Social Solidarity
PIAZZA, Minister of Public
Administration
BALBO, Minister for Equal Opportunities
Seen, the Minister of Justice, DILIBERTO
 |
International Labour Organization NATLEX database Disclaimer infonorm@ilo.org |