Decree-Law No. 48/2023: Urgent Measures for Social Inclusion and Access to the Labor Market

News . 13/2023

On May 4, the the so-called Labor Decree (Decree Law No. 48/2023).

The decree took effect on May 5, 2023.

As expected, the measure is quite complex, as it introduces a series of changes to existing measures as well as new provisions.

Given the length of the published text, and pending the hoped-for clarifications regarding the measures introduced, the following is a summary of some of the points of greatest interest to employers.

Safety (Sections 14–18):

Chapter II of Decree-Law No. 48/2023 addresses workplace safety, amending Legislative Decree No. 81 of April 9, 2008.

Specifically, the protective measures in place at construction sites are extended to include self-employed workers, and there is a requirement to update the Risk Assessment Document (DVR) when work-study programs are initiated, including the identification of those responsible for the internship program. In addition, a fund is established to support the families of students who have been victims of workplace accidents.

An amendment is made to Article 25, paragraph 1, of Legislative Decree No. 81/2008. Subparagraph (e) provides that the occupational physician “shall provide the worker, upon termination of the employment relationship, with the health records in his or her possession (...) and shall provide the worker with information regarding the need for their retention”. The Decree in question adds subparagraph (e-bis), which provides that the occupational physician shall request from the worker, during pre-employment medical examinations, the health record issued by the previous employer and shall take its contents into account for the purpose of determining fitness for work.

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