Impresa affidataria: la formazione del datore di lavoro tra art. 97 e modulo aggiuntivo cantieri dell’Accordo Stato-Regioni. Quale formazione, chi, quando?

Abstract

The new State-Regions Agreement regulates the training of employers of contractor companies in temporary or mobile construction sites by requiring an Additional Construction Site Module that complements the training course for employers. The question arose as to whether the obligation to attend the Additional Construction Site Module is subject to the two-year transition period established for the training course for all employers, or whether it is applicable immediately. Starting from the concept of the contractor and through a literal and systematic interpretation of Articles 37 and 97 of Decree No. 81/2008 and the Agreement, the article analyzes the training obligations prescribed by Article 97, the conditions under which they apply to employers of contractors, and their relationship to Article 37. From this, it is concluded that the training obligation pursuant to Article 97 comma 3-ter naturally remains in force, but attendance of the Additional Construction Site Module is subject, for employers who must attend it, to the transitional period of two years from the entry into force of the State-Regions Agreement.