Below we analyze the aspects to check in order to access the OT23/2025 application.
1. Does the company have a regular DURC and apply the contracts signed by the comparatively more representative unions?
The OT23 is a contributory benefit and, therefore, is subject to possession of the DURC, without prejudice to other legal obligations and compliance with national collective agreements and contracts as well as regional, territorial or company ones, where signed, stipulated by the comparatively more representative employers’ and workers’ trade union organizations on a national level.
It is worth remembering that any disputes with the Institute are not relevant for the issuance of the DURC: if the employer has promptly challenged the provision and the regular process required for the decision of the administrative dispute is underway, the company can still obtain the contribution regularity. The same happens in the case of judicial litigation, without prejudice to the fact that the company must not have other debts.
2. Has the appropriate self-declaration been submitted to the Labor Inspectorate?
All employers, belonging to any sector of activity, who benefit from the contribution benefits provided for in the list attached to note no. 1677/2016 of the Ministry of Labour, must present a self-certification on the non-existence of definitive administrative or jurisdictional measures for criminal or administrative offences, committed after 30.12.2007, regarding the protection of working conditions, referred to in Annex A, Ministerial Decree 24.10.2007.
This self-declaration is fundamental, since the INAIL offices verify by asking the relevant ITL whether the company has actually submitted the form.
3. Is the employer in compliance with the mandatory regulations regarding safety and hygiene at work?
It is not enough to have carried out the interventions, but it is necessary to be in compliance with the mandatory legal regulations regarding safety at work.
The guide to completing the OT23/2024 form reminds you that the requirement is considered achieved if all the mandatory provisions regarding accident prevention and health at work have been observed with reference to the situation present on 31.12 of the year preceding that of submitting the application.
To satisfy the requirement, reference is made to the company as a whole and not just to the PATs covered by the application.
4. Has the company implemented the interventions envisaged in the form and, above all, does it have the supporting documentation available?
Every year many companies do not obtain the benefit because, during the technical control, the intervention is not carried out correctly or the supporting documentation is considered non-compliant to that foreseen by the Institute.
In this regard, it is important to remember that the documentation must be sent together with the request form. The documentation produced by the company must bear the date and signature (generally of the employer, but, depending on the interventions, also of other suitable subjects, for example, to certify a formal issue by the company, to prove the effective sharing by the figures required by law, etc.).
The documentation will subsequently be subject to formal verification carried out by the administrative offices of the Institute, which also check the existence of the contributory regularity requirements as well as the presentation of the self-certification to the ITL; subsequently, a further technical check will be carried out by the professionals of the Institute’s Risk Assessment and Prevention Technical Consultancy (Contarp).
The Institute will then have the right to request further documentation to demonstrate what is declared in the form.
