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Close on term and supply contracts, more difficult to obtain incentives, punished which relocates: new decree Dignità
Futures contract increasingly difficult to manage for companies: due regulatory changes provided for in the so-called Dignity decree, or summer decree, indeed, the war on job insecurity has a heavy impact on the fixed-term employment relationship. the reintroduction of the causal for contracts of more than 12 months and for renewals, the reduction of the number of contributions for each renewal of the contract, the new pallets related to the futures contracts represent limits difficult to manage for the employers, especially if we think that they also extend to the contracts of administration. Appeals to temporary workers will then be possible only if they do not exceed 20% of the total workforce, as is already the case for fixed-term employees, while the out of the tenant staff remains unknown, that is, permanent employment, which could be abolished. The innovations of the Dignità decree, for companies, are not limited to the fixed-term contract in its various forms (seasonal, administrative …), but extend to employment incentives and other aids, which will be removed from companies that previously 10 years reduces employment in the production unit or in the activity involved in the aid. The decree finally declares war on those who relocate, even within the European Union. But let us now take stock of the situation on the work order: what changes for companies and workers, how to cope with the need for flexibility.
Modifications to the Temporary Contract
Regarding the fixed-term contract, the news for employers is numerous and certainly not easy to manage. The Dignità decree reintroduces, first and foremost, the reason for the contract, it is the motivation that justifies its expiry. The reason for payment will be optional only for contracts of less than 12 months duration and mandatory for longer term relationships; in any case, it will become mandatory, whatever the duration of the relationship, during the first renewal.
The reasons justifying the contract are, according to the draft decree, the following:
- temporary and objective needs;
- unrelated to the ordinary activity of the employer,
- substitution needs,
- needs related to temporary, significant and non-programmable increases in work activity,
- work-related needs and seasonal activities, identified by decree of the Ministry of Labor
For each renewal, from the second, the contribution rate (ie the percentage of contributions applied to the remuneration) will increase by 0 , 5 point
The duration of the employment relationship, as currently envisaged, can not exceed 36 months in total (even if there is an interruption), if the worker is badigned the same equivalent tasks or functions. [19659005] The maximum number of extensions will however be reduced from 5 to 4: this will have serious repercussions on the contracts that will expire soon, during the summer, since the new provisions will have to be applied immediately. . 19659014] Amendments to the Administration Agreement
It also radically alters the administration contract, that is to say the one stipulated by the worker with an interim agency (now a labor agency). job), to work for a user company. First, the permanent administration, that is to say the hiring of staff, should be removed: the employee, in simple terms, can no longer be hired by the agency to be sent on a mission to one or more user companies. However, with regard to the abolition of rental staff, the game is still open and the most recent draft decrees do not provide for its cancellation.
Also for a temporary job, as for the fixed-term contract, established the contribution increase of 0.5 point for each renewal, starting from the second. In addition, as already provided for temporary workers, workers in the administration will not be able to exceed the limit of 20% of the total workforce. To date, the maximum limit for workers is set by collective agreements
Modifications to the seasonal contract
The same changes envisaged for the fixed-term fixed-term contract should also apply to seasonal workers . If confirmed, the new limits would undoubtedly lead to a very serious problem in the management of advanced seasonal activities for companies, particularly with regard to the application of the 20% ceiling for workers who can be hired on time. . 19659019] Amendments to the occasional service contract: return of supporting documents
The occasional service contract and the family record book must not be modified by the Dignité decree. However, the voucher that is, vouchers for occasional incidental work, should be reintroduced with the work order or with subsequent legislation: in fact, the new casual service contract A good The work revealed considerable difficulties of use, mainly because of the complexity of the obligations resulting therefrom and the waiting time for the allocation of the sums paid to the INPS. In practice, occasional service contracts were not suitable for most occasional activities and, especially, for emergency activities, which required excessively long and complicated activation times. [19659005] That is why the reintroduction of vouchers was proposed in one of the Dignity Decree projects: first, good jobs should be reintroduced into the agricultural sector, and then move to all of them. other activites.
Obtaining Aids And Incentives
Obtaining Aids And Facilities For Businesses Will Be Increasingly Difficult As Well As Risk repayment of sums already granted to companies: if a company is beneficiary of the aid, in fact, reduces employment in the production unit or in the activity affected by the benefits, before 10 years, according to the provisions of the decree all the incentives
The new provisions should refer to state aids providing for the badessment of the impact on employment for the purposes of the Allocation of benefits. However, in a subsequent point of the decree, it is planned to apply the revocation of subsidies for other aid: in simple terms, it is sufficient that the reduction of employment (without any minimum limit) has industrial or economic impacts because help is lost. This is the case, for example, incentives for research
No more restrictions on relocation
With regard to the relocation of companies the decree punishes not only operations that take place the European Union, but also relocations within the EU. We recall that, by offshoring, we mean the phenomenon for which an Italian firm closes its factories in Italy and transfers them to another country, usually a low-cost work unit.
If a company benefits from state aid and then relocates factories, according to the new regulations the contributions must be returned with interest, calculated at the reference rate in effect at the time of delivery and increased until At 5 points. A penalty is then applied, ranging from 2 to 4 times the amount improperly used (that it is a contribution, a subsidized loan, a guarantee or a guarantee). A different facilitation).
The legislation, if confirmed in the current version in the draft, it would also be applicable to interventions already in force, including the hyper-depreciation of industry 4.0
How to manage the flexible work after the decree?
Managing occasional activities, with seasonal peaks, will be very difficult with the new limits imposed by the work order. As we have noted, the occasional service contracts will remain, but this type of contract presents, in itself, many positions.
On-call work will also remain in place, but even this type of employment relationship has many limitations. I think it can only be activated with workers under 24 and over 55 years old.
There are no types of contracts suited to seasonal and flexible activities, the risk is that companies resort to black or gray work. collaboration or self-employment for activities that, in reality, are performed on a subordinate basis.
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