(en) anarkismo.net - Italy: social safety nets and "service
agreement" by donato romito & maurizio Galici - Libertarian
Alternative / FdCA (it) [machine translation]
The Jobs Act Strikes ---- will enter into force in 2016 the decree on social security
benefits that brings in two major innovations: Layoffs nothing if the company closes and
introduction of "service agreement", which obliges the employee to accept a job, a
training plan or return to work if he does not want to lose the salary supplement. ----
Italy: social safety nets and "service agreement" ---- continues the government decree
provided for by the Jobs Act. ---- After the measures which have introduced the permanent
contract at increasing safeguards in relation to length of service, which ended art.18 the
Workers 'Statute (now called "real protection against unfair dismissal" where
reinstatement becomes an exceptional case and the judge no longer has the opportunity to
evaluate nor legally sanction and even to sanction at the discretion of the amount of'
compensation for damages), which modified the art.2103 of the Civil Code resulting in the
demotion of workers and have introduced remote controls..., it arrived last Friday the
decree in relation to social benefits which will come into force in 2016 and that brings
in two major innovations: Cig nothing if the company closes and introduction of "service
agreement".
The decree provides that -in sintesi- from 2016, is the CIG (ordinary redundancy fund) and
CIGS (CIGS) will be always and only in the case of suspension or reduction of employment,
but never in the event of termination of the entire company or a business unit.
The workers involved are those with employment contract subject, including apprentices
with vocational contract. They exclude executives and home workers.
The workers must have a seniority of at least 90 days actually worked in the production
unit applicant, unless requests IGC due to events objectively unavoidable in the
industrial sector.
It is confirmed the amount of ' integration of 80% of the salary that the employee would
have been entitled to the Working Hours Not Pay (OLNP)
The total duration is fixed at 24 months in a five-year period furniture. It is halved in
the case of stipulation of solidarity. Rises to 30 months in the case of industrial
enterprises and craft building, in the area of the excavations and in the processing of
stone materials.
The additional contribution paid by firms will increase proportionally with the increase
of the use of CIG / CIGS: 9 OLNP% of pay up to 52 weeks of IGC in one or more
interventions granted; 12% beyond 52 weeks and up to 104; 15% over the limit of 104 weeks.
It is confirmed that periods of CIG / CIGS give rise to notional contributions useful for
pension purposes.
The payment of CIG / CIGS is carried out by the company which is reimbursed by INPS or
with conguagliato any contributions due.
It introduced a punitive "service agreement" as a condition of use of CIG / CIGS by
workers in cases of reduction of working more than 50%. In this case the workers must go
to the employment centers for the signing of a "pact of personal service" with which the
employee agrees to accept any proposals for work or training and re-employment, on pain of
forfeiture of the right to 'salary supplement.
There remain possible solidarity contracts to avoid layoffs in companies having to reduce
their hours by up to 60% resort to CIGS. For each worker, the percentage of the overall
reduction in working time may not exceed 70% throughout the period of application of the
solidarity agreement.
At present the necessary amounts determined in pact State-Regions are small and the INPS,
in However anticipia not more, having to recover from various regions several million euro.
They remain therefore under the directions of the Ministerial Circular Treasury / Work of
August 1, 2014 that allow unwillingness to disbursements galore as in previous years.
Due to these constraints, companies -before enable new applications for CIG- have
well-established practice, with the backing of the trade unions, to ask workers to sign a
disclaimer which provides -in case of non erogazione- the worker nothing has to expect
from the company.
This completes the legal-system-at least for the decree provided for by Enabling Act
183/2014 (the infamous Jobs Act).
The number 183 brings decidedly bad for workers: another notorious anti legislative
intervention worker, the Linked Work of 2010 (Berlusconi) had 183.
http://www.anarkismo.net/article/28513
