{"id":3536,"date":"2009-05-21T10:38:40","date_gmt":"2009-05-21T09:38:40","guid":{"rendered":"https:\/\/www.pietroichino.it\/?p=3536"},"modified":"2009-05-31T11:22:53","modified_gmt":"2009-05-31T10:22:53","slug":"synthesis-of-the-transition-to-a-flexsecurity-regime-bill","status":"publish","type":"post","link":"https:\/\/www.pietroichino.it\/?p=3536","title":{"rendered":"SYNTHESIS OF THE “TRANSITION TO A FLEXSECURITY REGIME” BILL"},"content":{"rendered":"

SINTESI IN INGLESE DEI CONTENUTI DEL DISEGNO DI LEGGE PER LA TRANSIZIONE A UN REGIME DI FLEXSECURITY<\/span><\/span><\/p>\n

Italian Law Proposal 1481, 25th March 2009 \u2013 Senator P. Ichino et al.<\/strong><\/span><\/p>\n

\u00a01.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Possibility for the industrial relations system to experiment a new labour law for new hires, at plant level or at the level of a group of companies, of local, regional or national dimensions, in order to give way to the transition to a flexsecurity regime<\/p>\n

<\/p>\n

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A collective \u201ctransition contract\u201d which can be negotiated by one or more firms with one or more unions:<\/p>\n

2.1. \u00a0Need to establish an agency, whose structure can be that of a bilateral entity, managed with equal representation by firm and employer, or that of an usual private employment agency<\/p>\n

2.2. \u00a0Agency financed by firm(s)<\/p>\n

2.3. \u00a0Workers represented by (at least) one union, whose sole requisite is that it is rooted in not less than four Italian regions<\/p>\n

2.4. \u00a0If the “transition contract” encompasses not only new entrants, but also insiders, it must be negotiated by a union or a coalition of unions showing enough representativeness in firm-level elections<\/p>\n

2.5. \u00a0The contract can be broken with advance notice of no less than 6 months: in this case, employment relationships that have been stipulated in the new regime keep being disciplinated by the new regime; the old regime will apply only to new entrants<\/p>\n

\u00a0<\/p>\n

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A \u201clabor relocation contract\u201d:<\/p>\n

3.1. \u00a0For workers with at least 1 year of service (provided it\u2019s not a disciplinary firing)<\/p>\n

a)\u00a0\u00a0\u00a0\u00a0 Trial period: 6 months<\/p>\n

b)\u00a0\u00a0\u00a0\u00a0 Unemployment benefits: 90% (year 1), 80% (2), 70% (3), 60% (4) of wage not exceeding 40000 euros per year. Minimum duration = seniority post probation period, Maximum duration = 4 years.<\/p>\n

c)\u00a0\u00a0\u00a0\u00a0\u00a0 Intensive job finding assistance, with best practice in the industry<\/p>\n

d)\u00a0\u00a0\u00a0\u00a0 Training<\/p>\n

e)\u00a0\u00a0\u00a0\u00a0 The worker has to be available\u00a0for a schedule equal to previous work schedule<\/p>\n

f)\u00a0\u00a0\u00a0\u00a0\u00a0 The worker\u2019s job search will be controlled by a tutor or job advisor appointed by the agency<\/p>\n

g)\u00a0\u00a0\u00a0\u00a0 Benefits can be suspended if the worker fails to comply<\/p>\n

3.2. \u00a0Services sub c), d), e), f) will also be offered to workers who have passed the trial period but have less than 1 year of service<\/p>\n

3.3. \u00a0Independent evaluation of quality of training and placement<\/p>\n

3.4. \u00a0Worker can break the relocation contract without notice<\/p>\n

3.5. \u00a0Agency can break the contract if the worker fails to comply (rejects a job or a training offer without adequate justification)<\/p>\n

\u00a0<\/p>\n

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Financing:<\/p>\n

4.1. \u00a0Guidance, coaching, training and placement services are funded by contributions by regions (public bodies which in Italy have a full legislative and administrative competence on these matters), firms and, possibly, European Social Fund money<\/p>\n

4.2. Complementary unemployment benefits (which are added to the general unemployment insurance, in order to reach the 3.1.b standard) are entirely funded by firms<\/p>\n

4.3. \u00a0Financial equilibrium is guaranteed<\/p>\n

4.4. \u00a0Social security contributions must be paid nevertheless<\/p>\n

4.5. \u00a0In case of insolvency, agency’s debts must be paid by the firm which has dismissed the worker<\/p>\n

4.6. \u00a0The State will contribute to the agency with 0.5% of gross wages for small firms which are today exempt from the regulations of article 18 of Statuto dei lavoratori (the statute of 1970 which disciplines today dismissals in firms with more than 15 employees, foreseeing the reinstatement and a high indemnification for the worker whose dismissal is qualified by the court as unfair or unlawful)<\/p>\n

\u00a0<\/p>\n

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Duration of contracts:<\/p>\n

5.1. <\/span>\u00a0Employee in a position of economic dependence : a worker who receives at least two thirds of his\/her labor income from the same firm, except in the case
\n\u00a0\u00a0 \u2011 of\u00a0free lances earning more than 60000 euros per year
\n\u00a0\u00a0 \u2011 of independent workers exerting regulated professions not compatible with a subordinate position: e.g. barristers<\/p>\n

5.2. \u00a0The labor contract will always be of indefinite duration except for seasonal jobs, replacement of other worker temporarily out of work, show business, commercial events, research or teaching<\/p>\n

\u00a0<\/p>\n

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Types of dismissal:<\/p>\n

6.1. \u00a0Always in writing<\/p>\n

6.2. \u00a0Trial period no longer than 6 months<\/p>\n

6.3. \u00a0After the trial period, the contract can be broken due to:<\/p>\n

a)\u00a0\u00a0\u00a0\u00a0\u00a0 Important fault by worker<\/p>\n

b)\u00a0\u00a0\u00a0\u00a0\u00a0 Economic, technical or organizational reasons<\/p>\n

6.4. \u00a0Disciplinary dismissal: the existing Workers\u2019 statute is applied (judicial control, art. 18 of Statuto dei lavoratori)<\/p>\n

6.5. \u00a0Discriminatory dismissal: the existing Workers\u2019 statute is applied (judicial control, art. 18 of Statuto dei lavoratori)<\/p>\n

6.6. \u00a0Non-profit organizations and productive units with less than 16 employees, belonging to firms with less than 61 employees, if they lose a case for unfair disciplinary dismissal, the reinstantement will not be ruled<\/p>\n

\u00a0<\/p>\n

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Dismissal for economic, technical or organizational reasons<\/p>\n

7.1. \u00a0Notice period of one month for each year of job seniority, with a minimum of 3 months and a maximum of 12 months<\/p>\n

7.2. \u00a0Severance pay of 1 month of wages (in the latest year) per year of service, net from notice period pay (i.e.: within the limit of the first 12 months, dismissed workers can choose to stay at work, being paid the normal monthly salary, or to stop working enjoying the severance pay)<\/p>\n

7.3. \u00a0Notice period pay is subject to social security taxes, severance pay exceeding notice period pay is not<\/p>\n

7.4. <\/span>\u00a0Notice period and severance pay are halved in the case of
\n\u00a0\u00a0 \u2011 non-profit organizations and productive units with less than 16 employees, belonging to firms with less than 61 employees
\n\u00a0 \u00a0\u2011 worker having reached the retirement requisites<\/p>\n

7.5. \u00a0The economic, technical or organizational reasons are not subject to judicial review (i.e.: apart from any discrimination complaint, their sole filter is constituted by the firing cost)<\/p>\n

7.6. \u00a0Severance pay is increased by 0.5 months of wages for each year of seniority above 10 years. For seniority above 20 years the dismissal is considered discriminatory on the ground of age, except for proof of the economic, technical or organizational reasons in court<\/p>\n

7.7. \u00a0Firms with more than 15 employees which dismiss more than 4 workers in 120 days are subject to the procedural requirements for collective dismissals considered in EU law<\/p>\n

\u00a0<\/p>\n

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Pensions<\/p>\n

8.1. \u00a0Pension contributions amount to 30% of gross wages for all the workers in a position of economic dependence, as defined in subsection 5.1.<\/p>\n

8.2. \u00a0Except for other more favorable regimes for apprenticeship<\/p>\n

\u00a0<\/p>\n

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Financial coverage<\/p>\n

9.1. \u00a0Costs derived from Article 4.5 will be covered by tax revenues rising from higher employment derived from this law<\/p>\n","protected":false},"excerpt":{"rendered":"

SINTESI IN INGLESE DEI CONTENUTI DEL DISEGNO DI LEGGE PER LA TRANSIZIONE A UN REGIME DI FLEXSECURITY Italian Law Proposal 1481, 25th March 2009 \u2013 Senator P. Ichino et al. \u00a01.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Possibility for the industrial relations system to experiment a new labour law for new hires, at plant level or at the level of a […]<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[],"class_list":["post-3536","post","type-post","status-publish","format-standard","hentry","category-21-lavoro"],"_links":{"self":[{"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=\/wp\/v2\/posts\/3536","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3536"}],"version-history":[{"count":0,"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=\/wp\/v2\/posts\/3536\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3536"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3536"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.pietroichino.it\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3536"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}