With a note dated May 3, the Ministry of Labor and Social Policies clarified that, also with reference to social enterprises, the criteria for calculating disadvantaged workers employed by social cooperatives aimed at the job placement of people who have the characteristics referred to in art. 4 paragraph 1 of Law no. 381/1991.
Pursuant to paragraph 4 of Legislative Decree no. 112/2017, a business activity of general interest is considered to be one in which, for the pursuit of civic, solidarity and social utility purposes, no less than 30% of the workers are employed by very disadvantaged or disabled people (for pursuant to article 2, number 99, EU REGULATION no. 651/2014 and pursuant to article 112, paragraph 2, Legislative Decree no. 50/2016) or, also, persons benefiting from international protection or without fixed dwellings who are in such a condition of poverty that they cannot find and maintain a home independently.
In order to create job opportunities for these subjects who, precisely because of their condition of hardship, find it difficult to enter the labor market, also and above all where full-time work is required of them, the determination of 30% of the subjects disadvantaged must therefore be carried out "by heads" and not on the basis of the hours worked by them.
It should also be specified that, precisely because of the solidarity objectives pursued, these so-called "disadvantaged" people do not contribute to the determination of the total number of workers to whom reference must be made for the determination of the rate of the same.
