eLearning courses Decreto 231
Our eLearning courses on the administrative responsibility of legal persons on health and safety at work aimed at employees and collaborators of companies that apply an organizational and management model required by Legislative Decree 231/2001.
Corsi di formazione di base sul Decreto 231
What is Legislative Decree 231/2001?
The Legislative Decree 8.06.2001 n. 231 introduced, for the first time in our legal system, the provision of a personal and direct responsibility of the collective body (meaning as such both institutions with legal status and companies and associations even without legal personality) for the commission of a series of crimes on the part of the natural persons linked to it, who have acted in the interest or for the benefit of the entity. In other words, for the first time in Italian law, companies are liable for crimes committed by Directors, Managers and / or Employees in the interest or for the benefit of the company itself.
Legislative Decree 231/01 therefore establishes the responsibilities of the employer and of the company in the event of offenses committed by its employees. In such cases, the employer can "protect" himself against legal actions if he can prove that he has adopted and effectively implemented a model of organization, management and control suitable to prevent crimes of the kind that occurred.
"Protection" for avoiding the involvement of the company or the institution by invoking the exclusion or limitation of one's own responsibility deriving from one of the crimes provided for by the law means acquiring an adequate Organizational Model and rely on a Supervisory Body that monitors its implementation.
What are the crimes sanctioned by the 231?
Among the crimes included in the Decree the most significant are those against the safety of workers, the environment, companies (false corporate communications, undue restitution of contributions), against the public administration (fraud and corruption). The list of offenses that can give rise to corporate liability is constantly updated and expanded.
What is Organizational Model 231?
The Organizational Model is a set of rules, procedures and ways of operating that define the organizational, management and control system within the company, and which aims to prevent or counter the commission of crimes sanctioned by the 231. In practice these are organizational provisions, forms, procedures, codes of conduct, software, commissions, etc. designed in such a way as to make the probability of committing certain crimes very low). The organizational model depends on the characteristics of the company, the activities it carries out, its production processes, the contexts in which it operates and the interlocutors with whom it interacts.
The main elements are: identification of risk areas, control principles and procedures, adoption of a document governing behavior (adoption of an ethical code), establishment of a supervisory body and adoption of a disciplinary and sanctioning system . It is very important that the model is actually implemented, that is scrupulously observed in the daily activity, and subject to continuous verification by the Supervisory Body.
Is it mandatory to have a Model 231?
No company is obliged to provide itself in advance with an Organizational Model pursuant to Legislative Decree 231/01 and companies that do not adopt it do not expose themselves to penalties; however, being compliant is a tool of protection to reduce the risk of penalties for one of the crimes provided for in the decree.
What are the penalties?
The penalties that the company could face are particularly heavy and also applicable as a precautionary measure:
- financial penalties, calculated with the quota system, provide for a minimum of € 25,000.00 to a maximum of € 1,500,000;
- disqualification sanctions for the exercise of the activity, exclusion of benefits, loans, contributions, etc.
- confiscation of the profit or the price of the crime;
- damage to reputation and image (convictions are public).
What are the benefits of Model 231?
The main benefit is to invoke the exclusion or limitation of corporate responsibility deriving from one of the crimes sanctioned by the 231. Other benefits are: transparent and correct business management; greater organizational clarity and balance between powers and responsibilities; better risk culture and controls on business operations and support in the company.
How much is a 231 model?
The quantification of the construction and implementation costs of the 231 Organizational Model obviously depends on the complexity and risk level of the Company. The higher cost will be borne at the beginning, while in subsequent periods the burden of maintaining the model will be modest.
Model 231 can be certified?
Today there are no institutions able to certify the validity of a 231 model. However, there are various regulations that are, in fact, recognized as valid for the purposes of Legislative Decree 231/01, such as the BS OHSAS 18001/2007 (occupational health and safety), the SA 8000, the ISO 14001, etc. Obviously the acquisition of these certifications does not mean the automatic exemption from the effects of the law but certainly allows to really prevent many of the crimes and also to objectively demonstrate the commitment of the Company in such prevention.
Organizational model 231 needs to be updated?
Once an organizational model is implemented, this will be kept up to date with regulatory and organizational changes. This need for updating should not be seen as a burden, but rather as an opportunity to keep one's organization focused on preventing crimes that could bring significant damage to it.
What training courses to do for Legislative Decree 231/2001
The courses related to Legislative Decree 231 illustrate the administrative responsibility of legal persons in the field of health and safety at work and are addressed to all employees, internal and external company employees of the companies in which an organizational and management model is applied for the prevention of the crimes envisaged by Legislative Decree 231/2001.