In accordance with a related round of the Ministry of Labour, each worker who’s bodily current on the firm’s place of employment ought to “punch” a card from at present, however there are instances the place the non-marking is taken into account justified and , i. a scenario managed by the Labor inspectors, which doesn’t contain penalties.
1. Teleworkers
At present, the Digital Work Card Mechanism solely applies to workers who’ve a bodily presence within the space the place the corporate has its constructing amenities and, due to this fact, there’s nonetheless no obligation for teleworking workers to make use of the Digital Card mark through the days they work. with the precise system for organizing working time.
Subsequently, if the corporate has submitted a digital group declaration of working time, through which it seems that, throughout a particular time frame or on particular working days inside the week, the staff are working remotely, non-marking their Card, through the 648/2012 Textual content related to the EEA particular time interval or through the specified working days inside the week, it’s thought of justified and doesn’t contain penalties.
Nonetheless, there’s additionally a scenario the place some workers need to work in bodily presence for a sure interval of the day and telework throughout the remainder of the identical day.
Within the “ERGANI II” Info System, a number of nominations might be made inside the identical day within the occasion that an individual doesn’t begin or end their work in the identical place of employment.
On this case, if eg an worker begins working remotely and completes his work in bodily presence on the firm’s office or vice versa, he should mark the Digital Card when coming into and leaving the office in bodily presence.
2. Particular sectors of workers with a non-fixed place of employment
There are specific classes of employees, primarily based on the character of their work (eg medical guests, gross sales inspectors, touring salesmen, technicians, drivers, employees who go to their employer’s prospects, advertisers, and many others.), who would not have a set place of employment at them. , however they’re pressured to maneuver frequently from one place of employment to a different through the day.
Given the target issue in marking the Digital Card of those workers at each level the place they might be through the efficiency of their duties, it’s applicable to deal with them in the identical approach as telecommunications workers.
Subsequently, the precise classes of workers is not going to be obliged to mark the Digital Card through the days they work exterior the corporate’s fastened place of employment and transfer frequently and inside the identical day from one level to a different.
On this case, when there is no such thing as a Card marking at the start and/or finish of the employment of those workers who’ve a bodily presence within the firm’s constructing amenities, will probably be assumed that they’re the working hours for the actual day. the one declared within the PS “TOOL II” every day working hours and never marking their Card through the specified working days inside the week shall be thought of justified and no penalties shall be incurred.
If the staff in query discover themselves employed at a degree exterior their fastened place of business and so as to have the ability to exhibit that the non-marking of the Digital Card at their prospects’ premises is taken into account justified, they need to copy deliver them. their employment contract, in addition to a replica of the personnel checklist, from which not solely their employer might be discovered, but in addition their specialty and place of employment and, due to this fact, the potential for not marking their Digital Card might be eliminated.
Quite the opposite, if the staff of these classes have a set place of business exterior the constructing amenities of the corporate/employer, however in an area allotted to the corporate/employer for its unique use, by a lease, eg salesmen of a specific firm who work to everlasting in one other firm’s shop-in-shop, firm technicians who present their providers completely at one other firm’s headquarters, however in area that’s leased and used completely by one other firm’s headquarters. for his or her firm/employer, then the duty to mark the Digital Card isn’t eliminated for these classes of workers and they’re obliged to mark the Card the place they constantly present their providers.
If these workers are discovered to be employed in bodily presence at their firm/employer’s fastened place of employment or at a set place of employment exterior the corporate/employer’s premises, their Card have to be marked on them.
In any other case, the Labor Inspectorate will impose sanctions.
3. Executives
Workers who maintain a supervisory or managerial place or are confidential are normally registered through the digital group of working time.
Within the case of those workers, a declaration have to be submitted relating to the change of employment relationship, group of working time knowledge, in addition to filling within the following: Digital group of working time: (YES) – Work Card: (YES) , however digital No schedule and preliminary declaration required Digital Card.