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Applicability of Legislative Decree no. 231/01 to public companies

The Notes and Studies No. Assonime 11 of 2010, "Company-public - maneuvering summer, the Court of Auditors of the investigation of common equity, applicability of Legislative Decree No 231/2001" refers (in the last chapter) of the Court of Cassation No 28699 of July 21, 2010 which recognized the applicability of Decree 231/01 to public companies even when they are pursuing constitutional values.


The appeal before the Court concerns the applicability of the sport at a specialized hospital that operates in the form of inter-regional joint-stock company owned 51 percent by public capital and 49 percent by private capital. According the Supreme Court, "the wording of the rule is
unambiguous in the sense that the public nature of an institution is necessary but not sufficient, the exemption from the rules in question, having to use also the condition that the entity that carries on business.

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Security: duties and responsibilities of the Employer

Criminal Cassation, Section IV, Case No. 31679 of August 11, 2010 - Failure indication of risk in the PSC. Responsibilities of the DL for the accident which occurred

"The task of the employer is multiple and complex, and ranges from workers' education on the risks of certain works, and the need to adopt certain safety measures, the provision of these measurements: with the result that, if these measures consist of specific things or tools, it is necessary that these instruments are placed at the fingertips of the worker. The employer must have the culture and mindset of the relevant constitutional guarantee of the welfare consists of the integrity of the worker, and must not only inform employees on safety rules laid down, but must take action and control up to pedantry, that the rules be absorbed by employees in the ordinary working practices (see, Sec. IV, March 3, 1995, Grassi).
...
regard to the conduct of the worker, just remember the consolidated guidance affirmed in the Court's legitimacy, that the employer, recipient of the safety rules, is exempt from liability only when the employee's behavior is abnormal (Sect. 4, No. 40164 of 03/06/2004 Ud. - dep. 13/10/2004 - Rv, 229564 , imp. Giustiniani) must define the reckless behavior of the worker who has been put in place by that, quite independently and in a field unrelated to their duties - and, therefore, outside of any predictability for the employer - or come back in the nature of the tasks consisted of his own but is something fundamentally, ontologically, far from feasible and, therefore, predictable, imprudent decisions of the worker in the execution of the work (in this sense, "former plurimis ", Sec. 4, Decision No. 25532 of 23/05/2007 Ud. - dep. 04/07/2007 - Rv. 236 991);
...
shareability It was also stated that the rules on the prevention of accidents have the primary function of preventing harmful events occurring in the limb, intrinsically inherent to the exercise of certain jobs, "even in cases where such risks are arising from any disaccortezza, recklessness and carelessness of the workers employed (in terms, Sec. 4, 14 December 1984, n. 11043; to that effect, "former plurimis, also Sec. 4, No 4784 of 13.02.1991 - dep. 27/04/1991- imp. Such and so on, RV. 187538). "

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free licenses for bars and restaurants

Thanks to the legislative decree n.59/2010, correctly interpreted the circular economic development No 3635 / c, were swept to the criteria that determined the quota of licenses for the opening of restaurants and bars that limit the grant.

In particular, paragraph 6 of art. 3 of Act No. 287 of 1991 was replaced by paragraph 7 of Article. 64 of Legislative Decree n.59/2010 with which precisely cancels the calculated parameters for the calculation of licenses.

Paragraph 7 of Article. 64 Dlvo 59/2010. states

"6. Excluded from the plan the activities' of serving food and beverages:

a) at home Consumer;

b) in periods attached to hotels, guest houses, inns or other accommodation complexes, limited to services rendered to the resident;

c) places in the exercises in the areas of 'motorway service stations and in the interior of , airport and sea

d) in periods referred to in Article 5, paragraph 1, letter e), where the activity is prevalent 'joint leisure and entertainment;

s) in canteens and shops in the attached the circles and cooperative institutions, national health care are the object recognized by the Ministry of the Interior;

f) exerted on a direct benefit of its employees by contracting, government agencies or public enterprises;

g) in schools, in hospitals, in communities' religious establishments in the military police forces and the national fire brigade;

h) in public transport. ".

activities will be open to applying for Home Activities at ASL.

When such a new beginning of an administration of food and beverages to the public, the discipline of the Order of the measure confirms the need for authorization by the municipality responsible for the area

All subjects of study are contained in Decree 59 and in Circular 3535 / C

info and advice Massimo Falsaci Food Technologist

massimo@neositalia.com