Satellite positioning (GPS) and art. 4 of the Statute: Clarification of the labour inspectorate

Satellite positioning (GPS) and art. 4 of the Statute: Clarification of the labour inspectorate

The National Department of Labour Circular no. 2 dated 7 November 2016, deals with the qualification of GPS satellite tracking devices installed in company cars as tools used by employees to carry out job functions and their exclusion or inclusion of the conditions and procedures provided for by articles of the Workers’ Statute.

Article. 4, paragraph 2, of Law no. 300/1970 stipulates that the authorisation procedure indicated by the provision does not apply “to the tools used by the worker to carry out job functions and the tools recording access and attendance.”

Therefore, it’s necessary to obtain authorization if and when the installation of GPS satellite positioning equipment is strictly functional to “… carry out work …”.

In this regard, the laws in the Circular, having regard to the literal interpretation of the rule, should be considered as working tools those equipment and devices that “constitute the indispensable means to the employee to fulfill work performance in this contract, and for this purpose both been placed in use and made available to him.”

On this basis, it is stated that, in general terms, geolocation systems are a factor “added” to the working tools, not used primarily for and essential to the execution of the work, but to respond to additional needs, insurance, organization, production or to ensure job security.

It follows from this that, in such cases, the case must be brought back within the scope referred to in paragraph 1 of article 4 of Law no. 300/1970 and, consequently, the equipment can only be installed with the agreement signed by the union representatives or, in the absence of such an agreement, subject to authorization by the National Labour Inspectorate.

 

The Circular also distinguishes certain cases referred to as “special”, stating that:

– If tracking systems are installed to allow the concrete and effective implementation of job performance, in the sense that the same can not be made without the use of such instruments

– The installation is required by legislative or regulatory specific standards (eg. Use of GPS systems for the transport of valuables than EUR 1,500,000.00, etc.)

It can be assumed that they end up “transformed” into real working tools with the result that, pursuant to paragraph 2 of art. 4 L. n. 300/1970, it is not needed to have the collective agreement or the administrative procedure of authorization (provided for in paragraph 1 of the rule of law itself).

 

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