"All the social partners agree to article 18 in the new formulation, except the CGIL, which has expressed a negative position. We are sorry, but for us the matter is closed". With these words the premier Mario Monti has closed the negotiations on the most controversial chapter of the new labor reform, the one concerning layoffs. Thus ends the very long negotiation marathon. The last meeting between the Government and the social partners is scheduled for Thursday afternoon at Palazzo Chigi, but the question of flexibility in exit will no longer be the subject of negotiation.
The Professor stressed that at the consultation table no one “has veto power” and that "there has not been nor will there be an agreement signed between the Government and the social partners". However, Minister Fornero guaranteed that the dialogue will continue also in the phase of writing the rules. In any case, “the texts will be closed by Friday”. At that point the reform will arrive in Parliament, probably in a new form for this Executive: not the decree, but the enabling law. A choice on which the opinion of the President of the Republic will weigh.
Let's see what the fundamental points of the new provision are. There are three pillars: revision of article 18, reformulation of contracts and restructuring of social safety nets.
ARTICLE 18: NO REFUND FOR ECONOMIC OR DISCIPLINARY DISMISSALS
The reinstatement is foreseen only for layoffs discriminatory, but it is also extended to companies with fewer than 15 employees. For dismissals dictated by reasons economic only compensation will arrive, between a minimum of 15 and a maximum of 27 months. Green light to the "German model" instead for layoffs disciplinary: the judge will decide whether the worker has the right to reinstatement or simple compensation, which also in this case cannot exceed 27 months (regardless of how long the lawsuit lasted).
"Having built a rule that does not provide for reinstatement on subjective dismissals in the event of nullity of the dismissal - commented the leader of the CGIL, Susanna Camusso – the deterrent effect of article 18 is lost. I think it is clear that it is a totally unbalanced proposal and far from all the suggestions that have been made”.
CONTRACTS: FROM APPRENTICESHIP TO RECRUITMENT
The contract is “subordinate to time undetermined it becomes the one that dominates over the others for reasons of productivity and links between workers and companies”, explained Fornero. With a'rate of 1,4% on forward contracts, the precariousness of workers will become more expensive for companies, which, however, in the event of stabilization, will be able to recover part of these costs.
To enter the world of work and achieve stability, the main viaticum will be the contract apprenticeship. The latter form of contract will be strengthened and encouraged. At the end of the terms, the crossroads: the company will be able to choose whether to end the relationship with the apprentice or hire him for an indefinite period.
But in the event of non-confirmation, “we want that period to be worth something to him – Fornero said again -. One could think of a certification of the professional skills that he has acquired, so that, if it is not confirmed, he can spend them elsewhere ”.
In addition, companies will no longer be allowed to offer young people employment contracts unpaid internships.
SOCIAL SHOCK ABSORBERS: FULLY RUNNING FROM 2017, THE NEW IS THE ASPI
The social insurance for employment (vacuum) will gradually replace all forms of mobility and will become fully operational in 2017. It will apply to all employees (private and public) with a fixed-term contract, but to be eligible for it you will probably need to have at least two years of insurance seniority and 52 working weeks in the last two years. The maximum allowance will be 1.119 euros (gross) per month, but with a 15% cut after the first six months.
The standard duration of treatment will be 12 months: only for workers over the age of 55 will it be possible to reach 18 months. The contribution rate should be 1,3% (2,7% for precarious workers). “They will tell us that we are reducing protections – commented the Minister of Labor -: it is true if we think that ASPI will last a year, but we want to bring ASPI to an audience of 12 million people”.
