The National Social Security Institute (INPS) has outlined access to the new measures provided for by Law no. 63 of May 15, 2024, converted into Law on July 12, 2024, to protect the health and safety of workers, facilitating access to social safety nets during adverse weather events (INPS, message of July 26, 2024, no. 2735). The Law no. 101 of July 12, 2024, which converted the Decree Law no. 63 of May 15, 2024, introduced some provisions related to social safety nets in case of ongoing employment. Among these, two measures have been reiterated to make it easier for employers protected by CISOA, as well as certain categories of employers falling under the CIGO regime, to access social safety nets for ongoing employment as a result of adverse weather events (Article 2-bis, paragraphs 1 to 4, cited). Additionally, the law allows the possibility of recognizing, within certain spending limits and for periods of work suspension or reduction occurring in 2024, the treatments provided for in derogation (extraordinary layoff and mobility) in favor of workers in businesses operating in areas of complex industrial crises.
Specifically on the topic of agricultural workers, the law provides for the recognition of the CISOA treatment in case of work suspensions or reductions between July 14, 2024 and December 31, 2024, even if the reduction in work activity is half of the contractually agreed daily hours. This is a temporary derogation from the regular rules which usually allow CISOA treatments for up to 90 days a year for agricultural, employed, and managerial workers with permanent contracts. The law also specifies that the treatments granted during this period are neutral in terms of the maximum number of 90 days allowed per year and that the suspended or reduced periods are considered as working days for the purpose of the required 181 days of actual work.
Employers will have to follow the usual procedures to request CISOA for reduced activity due to adverse weather events, and these applications must be submitted within 15 days from the start of the suspension or reduction event. For agricultural workers with daily work suspensions, the requests can be made directly to INPS for authorization. The CISOA payments for these cases will be made directly by INPS, while for other cases, the usual procedures for decision-making and disbursement by the provincial commission will apply.
The law also extends provisions for the construction, stone, and excavation sectors, allowing employers to access CIGO without counting the periods towards the maximum 52 weeks limit, and without the obligation to pay additional contributions for the requested treatments. The eligibility for the additional contribution will only be considered for subsequent use within the five-year period if required for further periods of salary integration. Employers in these sectors continue to follow the regular procedures for applying for ordinary salary integration periods.
Regarding the exposure procedure in the UniEmens/Posagri flow, employers must accurately report the partially worked hours due to reduced activity by filling in specific fields in the system. For activities that exceed the 52-week limit, a specific code in the reporting system is used for the subsequent adjustment of the payments made. In case of business cessation, the final adjustment of the payments made must be reported within the deadlines.
Overall, these legislative changes aim to provide additional support and flexibility for employers and workers in various sectors affected by adverse weather events or other unavoidable circumstances, ensuring continued access to social safety nets and financial relief during challenging times.
