Contract Certifications

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Contract Certifications

Certification is a procedure aimed at certifying that the contract signed, or to be signed, has the requirements of form and content required by law. Certification makes it possible to reduce litigation regarding the qualification of labor contracts, as the certified contract acquires "full legal force" both between the parties and vis-à-vis third parties.

For Confimea Imprese, the Certification activity is carried out by an agreed third and impartial party, The Certification Commission of the Marco Biagi University Foundation, established by Directorial Decree of the Ministry of Labor and Social Policies of October 7, 2010 and operating through the use and enhancement of the expertise of the University of Modena and Reggio Emilia.

The Mandatory Certification

All non-standard employment contracts (other than permanent subordinate employment) and all subcontracting and subcontracting contracts concluded for the performance of activities in confined or pollution-suspect environments must be certified, by express provision of the Law (Art. 27 Legislative Decree 81/2008 and Presidential Decree 177/2011).

The company operating in such environments, in the absence of certification, is liable to criminal penalties according to the provisions of Legislative Decree 81/2008 (Consolidated Act on Occupational Health and Safety).

Confined or suspected polluted environments are those so identified by the following regulatory sources:

  • Lgs. 81/2008: Annex IV point 3, 4; Title XI; art. 66 and 121;
  • Ministerial Decree of March 10, 1998;
  • Legislative Decree 139/2006;
  • 15 PRESIDENTIAL DECREE 177/2011;

(i.e., tanks, pipes, tanks, vessels, silos, cesspools, sewers, chimneys, pits, tunnels, boilers and the like, excavations).

Voluntary Certification

In addition to the work done for the Certification of Contracts, there is also labor counseling and conciliation/reclamations and settlements.

All contracts in which labor is directly or indirectly deducted may be certified. They include:

  • Employment contracts or individual contract clauses;
  • Self-employment contracts;
  • Confined environment work contracts under Presidential Decree 177/2011;
  • Agency contracts;
  • Labor administration contracts;
  • Procurement contracts;
  • Network contracts;
  • Corporate collective agreements.