Revolution of contracts, farewell to article 18, reform of social safety nets and rain of news for active policies on the job placement front. With 166 votes in favor and 122 against, yesterday evening the Senate Chamber gave the final green light to the Jobs Act. Even the minority of the Democratic Party, although opposed to the amendments to article 18, voted in favor of trusting the government "out of a sense of responsibility". The green disc of Palazzo Madama arrives in time to allow the entry into force of the new rules from January XNUMXst, provided that by the end of the year the Executive varies the first delegated decrees. In fact, with the Jobs act, Parliament has entrusted the Government with five powers to define the concrete rules with which the reform will come to life.
"Our commitment will now be to proceed expeditiously with the drafting of the implementing decrees, starting from the contract with increasing protections", assured yesterday the Minister of Labour, Giuliano Poletti. “It's a historic day for the country – Prime Minister Matteo Renzi commented yesterday on La7 -. The approval of the Jobs Act will mark the history of the coming years”.
Here are the main measures contained in the provision.
- The open-ended contract is born with increasing protections in relation to length of service. The goal is to ensure that this is the most common type of contract for new hires.
- Reorganization of contracts. The more than 40 contractual forms in force today will become 4-5. In addition to the open-ended contract (which for new recruits will offer increasing protection) fixed-term contracts, apprenticeship and part-time contracts should remain.
- Amendments to article 18 of the Workers' Statute. In the event of economic dismissal, even without cause or justified reason, the worker will no longer be able to appeal to the judge to obtain reinstatement. Instead, he will be entitled to "certain financial compensation that increases with length of service". The reinstatement instead remains for null and discriminatory dismissals and for "specific cases" of unjustified disciplinary dismissals which will be defined in the delegated decree, together with "certain deadlines for the appeal".
- Amendments to article 13 of the Workers' Statute. “In the event of corporate reorganisation, restructuring or conversion identified on the basis of objective parameters”, the transition of the worker from one job to another becomes easier, with the possibility of demotion as well. However, there is one condition: the economic and living conditions of the workers must be protected. Which could mean, but to know for sure we need to wait for the delegated decrees, that the demotion will be allowed only for the same salary.
- Reform of the Cig. It will be impossible to authorize layoffs in the event of definitive cessation of business activity. There is also a different contribution participation for companies depending on the effective use of the Cig: those who do not use it will pay less. The Cig disappears by way of derogation.
- Reform of ASPI (social insurance for employment). It will be extended to coordinated and continuous collaboration contracts, until this contractual form is superseded (which will continue until it is exhausted). In general, the duration of the unemployment treatment must be related to the "previous history of contributions" of the worker, with an increase in the maximum duration for those with the most significant contributory careers.
- active policies. The National Employment Agency is born, participated by the State, Regions and autonomous Provinces. He will have expertise on active policies, employment services and ASPI. Supervision of the new body is entrusted to the Ministry of Labour. The beneficiary of a social shock absorber (cig or unemployment benefit) will have to give his willingness to follow qualification courses and possibly also "to carry out activities for the benefit of local communities", without however this - as happened in the past with community service jobs – fuel public hiring expectations. Anyone who refuses risks losing the subsidy. When looking for a new job, the unemployed can choose to entrust themselves to a private employment agency which will receive a regional incentive for the service, but only when the result is obtained, and in any case "proportionate to the placement difficulty" of the individual.
– The discipline of remote controls has been revised with the possibility of controlling systems and work tools.
– The field of application of solidarity contracts is simplified.
– The use of the voucher is extended but with the ceiling of 5 thousand euros.
– Here come the so-called “solidarity holidays”, that is, the possibility for the worker to transfer a surplus of holidays to colleagues in case of need.
