"The article 18 it must not be a flag, a symbol around which a game of power is played out either by the unions or by Confindustria or even by the Government”. Tiziano Treu, the father of the labor market reform which has opened up entry flexibility thus favoring the creation of many jobs, even if, over time, exaggerations and distortions have appeared which have led to an excess of precariousness and to a division of the labor market between the over-guaranteed and those with no rights and no prospects, is not at all regretful of the choices made at the time: "The problem is that that reform was not completed with the reform of the shock absorbers which had also been proposed, but that a coalition of conservative forces ranging from Confindustria to the unions, to a part of the forces of the left, prevented the launch. And today the problem arises again and we must face it rationally and without demagoguery”.
Treu, senator of the Pd, is well aware that even within his party there are strong perplexities in modifying the mechanisms of the labor market and in particular in affecting article 18 which is attributed powers of guarantee towards workers, which in reality it does not possess. That article has not prevented a sharp contraction in jobs following the current crisis and above all has greatly contributed to splitting the labor market into two very distant parts. In addition, its very existence and the very lengthy legal disputes to which it gives rise are one of the causes that reduce Italy's credibility on the international markets of both industrial and financial investors. In short, it would be good to evaluate article 18 for what it really is, without thinking that it is a "fact of civilization" or a decisive obstacle for the development of businesses.
“I believe – says Treu – that in a pragmatic way we could begin to distinguish between dismissals for economic reasons and dismissals for disciplinary reasons and apply Article 18 only to the latter, perhaps leaving the judge the right to decide whether it is appropriate to apply the reinstatement or request compensation. As for the shortening of the timescales of the lawsuits which currently can last even 7-8 years to arrive at a definitive sentence, one can act decisively by setting a narrow limit as, moreover, we are asked by Europe which is beginning to ask us for damages for the justice delays. Collaterally, but in a very useful way, all social security cases could be removed from the courtrooms and left to an arbitration board, thus avoiding the obstruction of the judges' work”.
“It's not that Italy lacks work flexibility, only that it is obtained in a distorted way and above all not understandable to international investors. The reform of the labor market is therefore a fundamental element of the Monti government's activity aimed, on the one hand, at restoring the trust of operators in our country and on the other, at opening new spaces and new job opportunities for young people who today they are often so marginalized and so disheartened that they stay at home without studying and without working".
In this direction – says Treu – the expansion of the apprenticeship contract, also using good the new funds that Europe is about to make available, can make a fundamental contribution to getting many young people into the job market. Then, there is the shock absorber problem, where we need to start a gradual overcoming of the redundancy fund, especially the extraordinary one, or by way of derogation, to arrive, as they did in Germany to a system capable of promoting both the training of the worker and an active search for re-employment. It's not a small problem but with the help of European funds and putting the various responsibilities of the various ministries and local bodies into a system, it is possible to set up more equitable and more effective support systems for the unemployed”.
In the second meeting with the social partners Minister Fornero has forcefully posed the need to reach a conclusion of the consultations quickly and in any case if there is not complete agreement on all the points, the Government will decide by assuming its own responsibilities. After all, the Italian system must be modified above all in the behavior of people and even before that of the corporations which sometimes represent their bureaucracy more than the true interests of the associates. In this sense, innovation, including contractual innovation, which is taking place in a somewhat disordered manner and amid a thousand useless controversies, as was the case with Fiat, is proving to be a powerful factor in stimulating investment growth, as is which took place in Turin where the new investments in Mirafiori are about to start.
