That the open-ended contract with increasing protection (with the annexed individual dismissal discipline) does not apply to civil servants adds another doubt, among many others, about the quality and effectiveness of the measure. Other than the Copernican revolution! For the army of public administration it is the sun that continues to revolve around the earth.
THE BIZARRIIES OF MINISTER MADIA
Even before the regulatory aspects are the reactions and arguments used by the ministers and exponents of the Renzian establishment to exclude its application. Those of the head of the public function, the ''Botticelliana'' Marianna Madia are laughable, as if the rule according to which access to the public administration by competition determined the absolute irremovability, also from a legal point of view (because in practice it is so) of civil servants. Nothing could be more absurd, since dismissal for just cause and for justified subjective reasons is meticulously regulated by the laws in force, starting with Legislative Decree No. 165 of 2001.
THE ESCAPE OF MINISTER POLETTI
The "leap backwards" by Minister Giuliano Poletti appears pathetic, while the explanations by Filippo Taddei ("the translator of Homer's translators") are more blunt and shameless when he states, in an interview with Corriere della Sera, that it is of a political choice because (sic!) Minister Madia did not participate in drafting the text. In truth, the matter cannot automatically be extended to the public sector, where, for example, the case of economic dismissal is not envisaged, much less of an individual nature.
WHAT HAPPENS IN THE PUBLIC SECTOR
There is a particular regulation on mobility which could, with different and specific characteristics, be equated to the function performed, in the private sector, by the procedure envisaged for collective redundancies. Beyond this case, that the art. 18 was also applicable to civil servants has never been questioned by anyone. Moreover, in past reforms, from the Biagi law to the Fornero law, the reference to public administration personnel was constant, perhaps precisely to sanction or not (and with what modalities) their application. In law 30 of 2003, for example, the art. 6 stated: "The provisions of articles 1 to 5 do not apply to public administration personnel unless they are expressly referred to".
EXPRESS EXCLUSIONS
The exclusion of employment relationships with public administrations was then expressly declared with specific reference to part-time work and the certification of contracts (articles 3 and 5). And consistently the art. 1, paragraph 2, of the legislative decree n. 276 of 2003 reiterated: "This decree does not apply to public administrations and their personnel". In the law n. 92 of 2012, the art. 1, paragraph 7, albeit with a more botched formula and source of extensive diatribes, however specified: "The provisions of this law, although not expressly provided for by them, constitute principles and criteria for regulating the employment relationships of public administration employees referred to in article 1, paragraph 2, of the legislative decree 30 March 2001, n. 165, and subsequent amendments, in line with the provisions of article 2, paragraph 2, of the same legislative decree. The provisions of article 3 of the same legislative decree remain unchanged”. And the following paragraph 8 entrusted the Minister for public administration and simplification, after consultation with the trade union organizations most representative of public administration employees, with the task of identifying and defining, "also through regulatory initiatives, the areas, methods and times for harmonization of the regulations relating to employees of public administrations". The latter could have been the way forward (in practice, not pretending as happened after the Fornero law) also in the application of enabling law n.183 of 2014 (destiny wanted the Jobs act Poletti 2.0 to have the same numbering as the 'connected work' of 2010, the workhorse of the Berlusconi government).
THE ANALYSIS OF PROF. PELICACS IN THE ADAPT BULLETIN
However, as pointed out by Prof. Giuseppe Pellacani, professor of labor law at the University of Modena and Reggio Emilia, in the Adapt Bulletin: “Nothing in the Jobs act. Absolute silence. This inevitably means that, barring any possible rethinking from time to time included in the delegated decrees to be issued, the newly approved rules and future implementation ones will also apply to public administration workers (except obviously for the residual categories under public law) . This is the only possible reading, in the light of art. 2, paragraph 2, of the legislative decree n. 165 of 2001, according to which "The employment relationships of public administration employees are governed by the provisions of chapter I, title II, of book V of the civil code and by the laws on subordinate employment relationships in the company, without prejudice to the various provisions contained in this decree, which constitute mandatory provisions”, and by art. 51, paragraph 2, of the same decree which declares the Statute of workers applicable to public administrations regardless of the number of employees". “Will future hirings in public administrations therefore take place with the employment contract subject to increasing protections? – Pellacani wonders again – It would be an epochal turning point. By drastically reducing the costs (and risks) of dismissal, the reform would decree the end of the ultra-stability regime that has accompanied public workers so far".
Apparently that won't be the case. And, what is worse, the questionable exclusion will be determined precisely by a choice of a political nature, made by a government which, months ago, threatened to wage a "violent struggle" against the public administration. Lastly, it is curious to observe the duet between Pietro Ichino and Filippo Taddei which could mimic a famous song: "I was there too"; "No you don't".
