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

In a business, to make everything run smoothly, each employee must play his or her role. But the performance and economic success of the enterprise are subject to the directives and decisions of the employer. Among the various duties of human resources is to pay attention to employer compliance.

This very important figure within the company can exercise rights and is subject to duties that he or she must comply with in order for the company's work to be carried out profitably and harmoniously. Let us find out together what are the rights and duties of the employer.

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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 holds 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 make a profit or gain and remain competitive in the market of competitors.

We can classify his powers according to three different categories:

1. Directing power. This power enables him to direct the work done by employees in the direction of the organization 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 depending on 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 behavior that does not comply with the company's internal bylaws. An employee who does not comply with the obligations established by his or her employer can be sanctioned. However, the employer has an obligation 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 code of conduct is intended to outline the disciplinary rules to be followed, but not only that: it also exposes the risks that can be incurred if the rules are not followed.

What sanctions can be applied?

The sanctions that can 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 employment record. However, the employer has the right to proceed with dismissal for disciplinary reasons if the employee has committed serious actions at the levels of behavioral conduct. The employee, however, may exercise the right to defend himself against the charges against him.

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 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 employer's exercise of power

The limits mentioned can be of two natures:

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

For example, security guards can extend their domain of authority only as far as the protection of corporate assets, while the control of workers' lives is outside their scope of control.

Change in objective limits

There have been changes regarding the objective limits that the employer must comply with. Nowadays, it is considered legitimate to remotely monitor employees' actions if the reasons fall within the following areas:

• organizational needs,
• production needs
• safety needs and protection of company assets.

This expansion of the employer's powers is of recent adaptation and is restricted to very specific categories of workers such as workers in so-called "call centers," 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 remember, moreover, that he also has rules of conduct that he is obliged to observe with respect to his employees. For example, he cannot fire 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 can never be contrary to the law or put the employee's dignity in an awkward position.

Moreover, the employer does not have the right to inquire into the employee's private life in order to obtain information about his or her political, religious or trade union orientations: this is a violation of the employee's right to privacy. It also causes serious problems of discrimination, which, if proven, can be criminally prosecuted.

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 wages on a monthly basis is matched by the employer's obligation and duty to pay employees every month.

The employer's duties have been decided and established by the legal labor regulations, the relevant collective bargaining agreements and the labor contracts customized for each category of workers.

Here, then, are what the employer's duties are:

• The obligation to pay wages to employees. The employer cannot evade this duty, as the law requires that the employee be paid according to time frames specified in his or her labor contract.
• The obligation to make contributions in accordance with the criteria established by the compulsory 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 ensure a work environment that is capable of preventing occupational injuries and diseases, according to Legislative Decree No. 626/94, as amended and supplemented.

Regarding the last point, it must recreate an environment in which sanitary measures make it possible to ensure the employee's physical integrity and moral character. Equipment, technical experience, and the type of work may present hazards that the employer must be able to anticipate and avoid in order to ensure the safest possible environment for the employee.

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