The latest implementing decrees of the Jobs Act have made several changes to the social safety nets provided for by the Italian legislature. In particular, the decree dedicated to them aims to introduce a single code for social shock absorbers which contains all the provisions on the subject, simplifying their discipline and lightening the number of rules, laws and regulations.
In addition to simplification, the Jobs Act also modifies ways and times with which companies and workers can enjoy the protections provided by law in the event of dismissal or decrease in company productivity. Here is a summary of the main innovations introduced for social shock absorbers.
Ordinary redundancy fund
La remuneration for the worker on ordinary layoffs it remains unchanged: 80% of the salary for a maximum of 1.167,91 euros per month. They also remain the same access reasons: momentary market situations or adverse events not attributable to the company or the workers.
But change it audience of interested workers to the ordinary redundancy fund. In fact, to apply for it, employees must have completed at least 90 days of effective work in the company and the protection is also extended to workers with a professional apprenticeship contract.
Let's move on to duration. In theory, the 13 consecutive weeks remain valid, which can be extended to 52. In practice, however, by changing the method by which they are calculated, their effective duration also changes. In fact, the Jobs act provides that no ordinary redundancy fund hours can be granted in excess of the limit of one third of the ordinary workable hours in the rolling two-year period, with reference to all workers on average employed in the work unit in question in the six months preceding the application .
Extraordinary redundancy fund
With regard to the audience of workers the old legislation is substantially confirmed, which also includes commercial companies with more than 50 employees. As regards the reasons and their duration three different situations are foreseen:
- in case of company reorganization, the extraordinary redundancy fund can last for maximum 24 months for each production unit in a rolling five-year period;
- in case of corporate crisis, the extraordinary layoffs can last up to 12 months also continuous;
– finally it is expected the solidarity agreement of duration of 24 months also continuous in the mobile five-year period.
The implementing decree of the Jobs Act also provides for the exit from the scene of the extraordinary redundancy fund in the event of cessation of the company's activity or of one of its production branches. Furthermore, as envisaged for the ordinary redundancy fund, the request by the company for the extraordinary redundancy fund entails an additional contribution from the company itself calculated on the basis of the weeks of cash. Finally, the ban on applying for the extraordinary redundancy fund has been introduced for the same production units for which an ordinary redundancy fund application has already been made.
