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Jobs Act, Pd-Ncd agreement on Art.18: reinstatement for disciplinary dismissals, but only in some cases

The Government has presented the amendment to the Jobs Act to the Chamber - The return of the post will be limited to "null and discriminatory dismissals and specific cases of unjustified disciplinary dismissal" - For economic dismissals, however, the only option envisaged is "compensation economic certainty and increasing with length of service”

Jobs Act, Pd-Ncd agreement on Art.18: reinstatement for disciplinary dismissals, but only in some cases

In cases of dismissals for disciplinary reasons, the reinstatement of the worker will be possible, but not always: the return of the post will be limited to "null and discriminatory dismissals and specific cases of unjustified disciplinary dismissal". On the contrary, for dismissals related to economic reasons, the possibility of reinstatement is excluded in any case: the only option available is "certain economic compensation which increases with length of service". These are the main innovations contained in the Gnecchi amendment to the Jobs Act. 

The modification proposal, reformulated by the Government and presented today in the Labor Committee in the Chamber, retouches again the intervention on article 18 of the Workers' Statute and is the result of an agreement that seems to satisfy both the Pd minority and the New Centre-right. Own the disagreements with Angelino Alfano's party, in the last few hours, they seemed to be able to undermine the hold on the majority, especially in the Senate. At this point, however, the difficulties appear to have been overcome. In any case, perhaps to avoid second thoughts, the text that has Gnecchi as its first signatory provides that "certain deadlines for challenging" the amendment be set. 

“The Government has correctly indicated the agreed wording which explicitly identifies certain economic compensation which increases with length of service – commented the chairman of the Senate labor commission, Maurizio Sacconi -. Furthermore, there is an understanding that the circumstances envisaged for dismissals must be designed in such a circumscribed and certain way as not to allow any discretion to the magistrate, so that employers have that predictability of the application of the rule which can encourage them to use permanent contracts. We have to hurry now."

In the morning, Labor Minister Giuliano Poletti had said that “any issue of trust, as we have always reiterated, is linked to the approval times: the Chamber's work schedule provides for the discussion to end on the 26th. The government's goal is to start the permanent contract with increasing protection at the beginning of the year. So that the resources put into the stability law can be used, intended to ensure that the number of permanent contracts grows in Italy".

Pier Carlo Padoan also intervened shortly: "I'm not very expert in the parliamentary procedure – said the Minister of Economy -, but I see that the Government's and President Renzi's determination to go ahead is iron-clad".

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