Description
Our legal system has always protected the psycho-physical integrity of minor workers through special protective legislation precisely because of the special need to protect this category of workers. In particular, the law prohibits the employment of adolescents in a series of works, processes and tasks listed in Annex I to Law no. 977 of 17 October 1967 (art. 6, Law no. 977/1967; ML Circ. no. 1/2000). These are activities that take the form of carrying out tasks involving exposure to chemical, physical and biological agents as well as dangerous or heavy processes and work. Violation of this prohibition is punishable by imprisonment of up to six months.
It is possible to derogate from this prohibition, with prior authorisation from the Labour Inspectorate (in PAT Servizio Lavoro), only if such activities are indispensable for educational or vocational training reasons. In any case, before employing minors, the employer/employer is obliged to carry out a medical fitness examination in accordance with health surveillance obligations and an appropriate assessment of specific risks.
In addition, the legislator has set precise constraints in the case of carrying out activities involving the transport and lifting of weights and average daily noise exposure exceeding 80 decibels LEP-d. In the first case, these constraints concern both the size of the loads and the duration of the performance, which may not exceed 4 hours during the day, including empty returns, while with regard to noise exposure, the employer/employer is obliged to provide individual hearing protection devices and adequate training in their use. It goes on to say that adolescents may not be assigned to work using the chequered shift system, subject to the prior authorisation of the Labour Inspectorate, if this system of work is permitted by collective labour agreements.
Derogations from the prohibition of hazardous work
If the use of unhealthy/dangerous tasks is for indispensable educational or vocational training reasons, the prohibition to employ adolescents in such activities may be waived, subject to prior authorisation from the Labour Inspectorate (in PAT Servizio Lavoro) and a favourable opinion from the competent local health authority. More specifically, in the event of a derogation, the activity may be carried out by the adolescents only for the time strictly necessary for training in the classroom, laboratory or work environment directly pertaining to the employer/employer. Furthermore, appropriate supervision by trainers who are also competent in prevention and protection must be ensured and the activity must take place in compliance with all health and safety conditions.
The continuous practical training activity carried out by adolescents employed in an apprenticeship relationship falls within the scope of this derogation and, if it relates to tasks attributable to prohibited work, must be subject to prior authorisation by the Inspectorate. It should be noted that for this case, the expression 'strictly necessary time' refers to the period, in terms of months or years, required to achieve the professional qualification laid down by the reference legislation or by negotiation.
Finally, it is added that since the authorisation concerns the training activity and must, therefore, be requested for specific qualifications, it does not have to be repeated for every single employment of a minor.