Employer's rights and duties to ensure safety in the workplace

In a company, in order for everything to run smoothly, each employee must play his or her part. But the performance and economic success of the company are subject to the directives and decisions of the employer. Among the various tasks of human resources, there is also the attention to compliance with the employer's duties.

This very important figure within the company can exercise rights and is subject to duties, which he or she must fulfil in order for the company's work to run smoothly and profitably. Let us find out together what the rights and duties of the employer are.

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What are the rights and powers of the employer?

The employer is at the top of the hierarchical pyramid, as he is the head of the company and his position is above all those of his employees. The employer has a function of responsibility and leadership of all the operational structures that are part of a company. Employees look to him to know the directives that will lead the company to achieve profit or gain and remain competitive in the competitive market.

We can classify his powers according to three different categories:

1. Directing power. This power allows him to direct the work done by employees in the direction of the organisation and the economic performance of the company.
2. The power of control. This power allows the employer to supervise the work of his employees according to the required performance standards and according to the orders or directives given.
3. Disciplinary power, provided for in Article 2106 of the Civil Code and regulated by Article 7 of Law No. 300/70 of the Workers' Statute. This power makes it possible to sanction conduct that does not comply with the company's internal statute. A worker who does not comply with the obligations laid down by his employer can be sanctioned. However, the employer is obliged to make the statute of rules and conduct public and accessible to all employees, so that all employees are aware of the rules and their sanctions. The purpose of the code of conduct is to set out the disciplinary rules to be followed, but not only that: it also sets out the risks that can be incurred if the rules are not followed.

What sanctions can be applied?

The sanctions that may be applied, in order of severity, are:

• verbal reprimand
• written reprimand
• fine;
• suspension from work.

Sanctions do not mean termination of employment, but are retained in the employee's record. However, the employer has the right to proceed with dismissal on disciplinary grounds if the employee has committed serious actions at the level of behavioural conduct. The employee, however, may exercise the right to defend himself against the charges against him.

The employer's powers: are there limits?

The employer's powers are not infinite and limitless. The employer is not an absolute monarch: his actions are limited by the principles found in the Italian Constitution, viz:

• the principle of equality
• the principle of worker protection and the guarantee for the exercise of trade union rights,
• the fundamental rights of dignity and privacy.

Law No. 300/70 (the so-called 'Workers' Statute') clearly specifies the limits imposed on the exercise of power by the employer

These limits can be of two natures:

• subjective, when they concern persons in positions of control
• objective, when they draw the line within which the power can be implemented.

For example, security guards can only extend their domain of competence to the protection of company assets, whereas the control of workers' lives does not fall within their perimeter of control.

Changes in objective limits

There have been changes with regard to the objective limits that the employer must respect. Nowadays, it is considered legitimate to remotely control the actions of employees if the reasons fall within the following fields:

• organisational needs
• production needs
• safety needs and protection of company assets.

This extension of the employer's powers is a recent adaptation and is restricted to very specific categories of workers such as workers in so-called 'call centres', for example. In fact, as we have said, the workers' statute prevents any kind of control by the employer over the conduct of employees.

The employer must also remember that he also has rules of conduct that he is obliged to observe with regard to his employees. For example, he may not dismiss an employee without a substantiated reason: he must always specify the reason for such a decision.

In conclusion, the limits of the employer's power may never be contrary to the law or put the employee's dignity in an awkward position.

Moreover, the employer has no right to inquire into the employee's private life in order to obtain information on his political, religious or trade union orientations: it is a violation of the employee's right to privacy. It also causes serious problems of discrimination, which, if proven, can be prosecuted under criminal law.

The employer's duties

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The employer's duties mirror the employee's rights.

For example, the employee's right to receive a monthly salary is matched by the employer's obligation and duty to pay employees every month.

The employer's duties are decided and established by the legal labour legislation, the relevant CCNLs and customised labour contracts for each category of workers.

Here, then, are the employer's duties:

• the obligation to pay wages to employees. The employer cannot evade this duty, since the law provides that the employee is paid according to the timeframe indicated in his employment contract.
• the obligation to pay contributions in accordance with the criteria laid down by the mandatory forms of social security and assistance for employees. The employer plays the role of tax withholding agent for employees
• the obligation to protect the health, safety and dignity of workers in the workplace. The employer must be able to guarantee a working environment that prevents occupational accidents and illnesses, according to Legislative Decree No. 626/94 and subsequent amendments and supplements.

With regard to the last point, it must recreate an environment in which health measures make it possible to guarantee the employee's physical integrity and moral personality. Equipment, technical expertise and the type of work may present risks that the employer must be able to anticipate and avoid, in order to ensure the safest possible environment for the employee.

Apart from classic work-related interventions related to the use of machinery, the employer is obliged to create a healthy environment that avoids situations of stress, burn out or bullying.