Within the prerogatives of labor inspectors, the "special object" is the power of disposition regulated by Article 14 of d. lgs. no. 124/2004. The rule, which was novated by Art. 12- bis of the d.l. no. 76/2020, provides that "the inspection staff of the National Labor Inspectorate may take a disposition measure against the employer, which is immediately enforceable, in all cases where the detected irregularities in labor and social legislation are not already subject to criminal or administrative sanctions."
The aim of the reform was, at least in its intentions, to simplify the exercise of inspection power, expanding the possibility of guaranteeing substantive protection for workers and providing more punctual legislative backing than the previous discipline. The original Article 14, in fact, laconically provided that "the provisions issued by the inspection staff in the field of labor and social legislation, within the scope of the application of the rules for which discretionary appreciation is given by the individual provisions of the law, shall be enforceable."
Article published in the number 02.2021 of Payroll Courier, monthly de The Sun 24 Hours. Insight by Dario Ceccato and Joan Pistore.