Work. Jobs Act, the government launches new decrees

In the context of the implementing decrees of the Jobs Act, the revision of the regulation of the remote controls of the worker beginsamending the provisions of the Workers' Statute. Extended parental leave, redundancy fund reduced to two years but extended to small businesses. The Labor Inspectorate Agencies and Agencies for Active Policies are born. Abolished the co.co.pro..

Rassegna.it – 12/06/2015

Longer parental leave, shorter social shock absorbers, elimination of project contracts. These are the main novelties of the latest implementing decrees of the Jobs Act approved by the Council of Ministers on the evening of Thursday 11 June. Let's start with the two decrees which, having already gone through their parliamentary process, have been definitively approved and will therefore immediately enter into force. The first concerns parental leave: Fathers and mothers will be able to take 30 per cent paid leave up to the child's age six (up from three) and unpaid leave up to the child's age 12 (up from eight) . Furthermore, the period of notice to the company has been reduced from 15 to five days, with the possibility of transforming parental leave into part-time leave at 50 per cent.

The second decree rearranges the contractual forms. Project collaboration contracts are abolished, from 1 January 2016 they can no longer be activated (while those already in place will continue until their expiry). Starting from that date, explains the press release of the Council of Ministers, "the rules of subordinate work will be applied to personal collaboration relationships that take the form of continuous and hetero-organized work by the employer". Also new on part-time, with the possibility for the employer to ask the worker for a greater commitment (in any case not exceeding 25 per cent of the hours worked per week).

This second decree also contains the question of duties. The provision establishes that the worker can be assigned to any job of the classification level, and no longer only to "equivalent" jobs, i.e. where the same professionalism is used. In the event of corporate restructuring or reorganization (and in those identified by collective agreements) the company will be able to modify the duties of a worker up to one level, without however changing his economic treatment, with the exception of the ancillary one.

Then there are four other decrees that have been approved on a preliminary basis, and which will therefore be brought to Parliament for consideration. Let's start with layoffs: the maximum duration is reduced to 24 months in five years, which can rise to 36 with the use of solidarity contracts. At the same time, however, it is being extended to all companies with over five employees (up to now it was over 15). Finally, the reorganization also provides for the so-called bonus-malus rule: "the 10 percent reduction in the amount of the fixed contribution to businesses has been replaced by an additional contribution that increases based on the duration of the instrument, to discourage inconsistent uses" .

The Labor Inspectorate Agency is established, which will bring together the inspection services of the Ministry of Labour, Inps and Inail in the same structure, with the aim of rationalizing the planning of interventions and the network present in the area. The National Agency for active employment policies is also established: the State, Regions and Autonomous Provinces participate, supervision is entrusted to the Ministry of Labour; his duties will relate to the management of employment services, active policies and ASPI.

In the context of the implementing decrees of the Jobs Act, the revision of the regulation of the remote controls of the worker beginsamending the provisions of the Workers' Statute. Furthermore, according to the press release from the Council of Ministers, “the so-called maxi-sanction for undeclared work is modified, with the introduction of sanctioning amounts 'by bands', rather than linked to a single day of irregular work”. Finally, one of the four legislative decrees that will now be examined by Parliament envisages the establishment of a "replacement allowance", i.e. a new instrument aimed at ensuring that if a worker loses a job after six months, he can obtain a check that can be used to purchase outplacement services".

THE GOVERNMENT RELEASE

IMPLEMENTING DECREES ON THE JOBS ACT

1. Measures for the reconciliation of care, life and work needs (legislative decree - definitive examination)
The Council of Ministers, on the proposal of the Minister of Labor and Social Policies Giuliano Poletti, definitively approved a legislative decree containing measures for the reconciliation of care, life and work needs, in implementation of article 1, paragraphs 8 and 9, of the law of 10 December 2014, n. 183.
The provision mainly intervenes on the consolidated text for the protection of maternity (No. 151 of 26 March 2001), and contains measures aimed at supporting parental care and protecting working mothers in particular. First of all, the decree intervenes on compulsory maternity leave, in order to make the possibility of using it more flexible in particular cases such as those of premature birth or hospitalization of the newborn. The decree provides for a maximum extension of the period of use of parental leave from the current 8 years of the child's life to 12. Partially paid leave (30%) is increased from 3 years of age to 6 years; for less well-off families, this benefit can go up to 8 years. A similar provision is introduced for cases of adoption or foster care.
With regard to paternity leave, the possibility of taking advantage of the leave by the father is extended to all categories of workers, and therefore not only to employees as currently envisaged, in cases where the mother is unable to take it for reasons natural or contingent. Rules have also been introduced aimed at protecting parenthood in the event of adoptions and assignments by providing for extensions of the protections already provided for natural parents. Important is the extension of the institution of automaticity of benefits (ie the disbursement of maternity benefits even in the event of non-payment of the related contributions) also to male and female workers enrolled in the separate management referred to in law no. 335/95 not enrolled in other mandatory forms.
The decree contains two innovative provisions on teleworking and women victims of gender-based violence. The teleworking law provides benefits for private employers who use it to meet the parental care needs of their employees. The second provision introduces leave for women victims of gender-based violence and included in duly certified protection programmes. It provides for the possibility for female employees of public or private employers, with the exclusion of domestic work, as well as for female workers with coordinated or continuous collaboration relationships, to abstain from work, for a maximum of three months, for reasons related to these paths, guaranteeing their salary and other connected institutions.

2. Organic regulation of employment contracts and the revision of the legislation on the subject of duties (legislative decree - definitive examination)
The Council of Ministers, on the proposal of the Minister of Labor and Social Policies Giuliano Poletti, definitively approved a legislative decree on the organic regulation of employment contracts and the revision of the legislation on the subject of duties, pursuant to article 1, paragraph 7, of the law of 10 December 2014, n. 183.
As regards project collaboration contracts (Co. Co. Pro.), starting from the entry into force of the decree, they can no longer be activated (those already in place can continue until their expiry). However, starting from 1 January 2016, the rules of subordinate work will be applied to personal collaboration relationships that take the form of continuous work services and hetero-organized by the employer. Collaborations regulated by collective agreements remain, stipulated by the comparatively most representative trade union organizations at national level, which provide for specific disciplines relating to economic and regulatory treatment due to the particular production and organizational needs of the related sector and a few other types of collaborations. With the intention of expanding the protection of subordinate work, the legislative decree provides, with effect from 1 January 2016, a stabilization mechanism for collaborators and self-employed workers who have worked for the company. Also falling within the framework of the promotion of subordinate work and the fight against tax avoidance is the repeal of the provisions on project work and of joint ventures with the work contribution of the associated natural person.
Duties - It is provided that the worker can be assigned to any job of the classification level, as is foreseen in the job employed by the public administration (article 52 of legislative decree n. 165 of 2001), provided that they fall within the same category and do not more only to "equivalent" tasks, ie tasks that imply the use of the same professionalism. In the presence of company restructuring or reorganization processes and in the other cases identified by collective agreements, the company may modify the duties of a worker up to one level, without modifying his economic treatment (except for ancillary treatments linked to the specific method of carrying out the work ). The possibility of individual agreements, "in a secure location", between employer and employee is also envisaged which may also provide for the modification of the level of classification and salary for the purpose of maintaining employment, acquiring a different professional or the improvement of living conditions.
The following types are confirmed:

• Fixed-term contract to which no substantial changes have been made.
• Supply contract - For the permanent supply contract (staff leasing), an extension of the scope is envisaged, eliminating the reasons and at the same time setting a percentage limit on use calculated on the total number of permanent employees of the company which uses it (20%).
• Contract on call – The current technological method, sms, of traceability of the activation of the contract is also confirmed.
• Ancillary work (voucher) - The ceiling of the amount for the worker is raised up to 7,000 euros, remaining in any case within the limits of the no-tax area, and traceability will be introduced to thus avoid their improper use, providing, from a on the one hand, that the entrepreneur or professional client can only purchase the voucher electronically, on the other that he must communicate in advance what use he will make of the vouchers, indicating the worker's tax code and the place where the service is performed, within a time span of 30 days.
• Apprenticeship - With the revision of the discipline of apprenticeship for the qualification and for the diploma - which now takes on the new denomination of "apprenticeship for the qualification and the professional diploma, the upper secondary education diploma and the certificate of higher technical specialization" - as well as higher education and research apprenticeships, the foundations are laid for a "dual system", in which the achievement of qualifications, respectively, at the secondary level of education and training and at the tertiary level, can also take place through learning at the enterprise. Furthermore, the intention is to revitalize the aforementioned two types of apprenticeship, which have so far not found adequate appreciation by the business system. Furthermore, implementing the will expressed by the Government in the «School» bill, the scheme provides that students of state schools can also access the apprenticeship, with a maximum duration of four years, for the achievement of the upper secondary education diploma.
• Part-time – The limits and methods are defined with which, even in the absence of provisions regarding the collective agreement, the employer can ask the worker to carry out extra work, albeit not exceeding 25 per cent of the working hours. agreed weekly work schedules, and the parties can agree on elastic clauses (the clauses that allow for the shifting of working hours) or flexible clauses (the clauses that allow for the increase in working hours in vertical or mixed part-time) , with the worker's right to an all-inclusive pay increase equal to 15 per cent for the hours whose placement is changed or worked on an increase. The possibility is also provided for the worker to request the transition to part-time in the event of the need for treatment connected to serious illnesses or as an alternative to the use of parental leave.

3. Provisions for the rationalization and simplification of the inspection activity in the field of labor and social legislation (legislative decree - preliminary examination)
The Council of Ministers, on the proposal of the Minister of Labor and Social Policies Giuliano Poletti, approved, in preliminary examination, a legislative decree containing provisions for the implementation and simplification of the inspection activity in the field of labor and social legislation in implementation of the law 10 December 2014, n. 183.
In order to rationalize and simplify the inspection activity, the legislative decree provides for the establishment of the National Labor Inspectorate. The Inspectorate has public law status, budgetary autonomy and “autonomous powers for determining the rules concerning its organization and functioning.
The bodies of the Inspectorate are:

• the general manager who has the legal representation;
• the board of directors;
• the board of auditors.

The main function of the National Inspectorate lies in the coordination, on the basis of directives issued by the Minister of Labor and Social Policies, of the supervision of labour, contributions and compulsory insurance. To this end, the Inspectorate defines all the inspection programming and the specific assessment methods and dictates the lines of conduct and operational directives for all inspection personnel (including those employed by INPS and INAIL).
In support of the planning of the supervisory activity carried out by the Inspectorate, there is an obligation for INPS, INAIL and the Revenue Agency to make available to the Inspectorate, also through access to specific computer archives , data and information, both in analytical and aggregate form.
In order to strengthen the coordination action with other supervisory bodies, the following is envisaged:

• the stipulation of special protocols, also with the inspection services of the local health authorities and regional agencies for environmental protection, in order to ensure uniformity of behavior and greater effectiveness of inspections, avoiding overlapping of interventions;
• the obligation for any other supervisory body that carries out checks on labor and social legislation to liaise with the Inspectorate.

Due to the progressive centralization of all inspection functions at the National Labor Inspectorate, the INPS and INAIL inspection personnel are placed in a temporary role until the aforesaid Institutes are exhausted with the maintenance of the economic and regulatory treatment in force and will not be able be replaced by institutions. Therefore, the recruitment of inspection personnel, from the entry into force of the implementing decrees, will be reserved exclusively to the Labor Inspectorate. Further provisions are aimed at simplifying the legislation on administrative and judicial appeals concerning the acts of the inspection bodies.

4. Provisions for the reorganization of the legislation on social safety nets during the employment relationship (legislative decree - preliminary examination)

The Council of Ministers, on the proposal of the Minister of Labor and Social Policies Giuliano Poletti, approved, in a preliminary examination, a legislative decree containing provisions for the reorganization of the legislation on social safety nets in constant employment relationships in implementation of the law 10 December 2014, no. 183.
The provisions contained in the decree can be divided into the following four basic groups:

• provisions common to ordinary (CIGO) and extraordinary (CIGS) wage subsidies;
• CIGO provisions;
• CIGS provisions;
• provisions on solidarity funds.

As a result of the decree, the protections are extended to 1,400,000 workers excluded until now.
The provisions of the decree allow for cost savings, used to make the 24-month NASpI structural even after 2016 and to make funding for important social policy interventions structural in the field of: reconciliation of times for care, life and work; unemployment allowance (ASDI); fund for active employment policies. The decree also entails, as repeatedly stated by the government, a safeguard, for 2015 only, of the duration of the NASpI with reference to seasonal workers in the tourism sector

Common provisions for ordinary (CIGO) and extraordinary (CIGS) wage subsidies

The main interventions concern:

• the extension of wage integration treatments to apprentices hired with a professional apprenticeship contract, with the consequent extension of the contribution obligations (specifically, the apprentices become recipients of the CIGO and, if they are employees of companies for which only the CIGS, of the latter treatment, limited to the cause of company crisis);
• the revision of the overall maximum duration of wage subsidies: in fact, it is envisaged that for each production unit, the ordinary and extraordinary wage subsidies cannot exceed the maximum overall duration of 24 months in a rolling five-year period. By using solidarity contracts, this limit can be increased to 36 months in the rolling five-year period;
• the introduction of conditionality mechanisms concerning active labor policies: specifically, workers who are beneficiaries of wage subsidies for whom a suspension or reduction of more than 50% of working hours is scheduled are summoned by the employment centers for stipulation of a personalized service agreement;
• the introduction of a mechanism of "who uses more pays more" on the rates paid by companies. The decree provides for a mechanism for making companies responsible through the rates of the use fee (additional fee). In fact, an additional contribution of 9% is envisaged for lost wages for cash periods (cumulative CIGO, CIGS and solidarity contracts) up to one year of use in the rolling five-year period; of the 12% up to two years and of the 15% up to three.

Provisions on ordinary wage subsidies (CIGO)

The main interventions concern:

• a generalized reduction of the 10% on the ordinary contribution paid to each worker. The rate of the ordinary contribution paid by all companies regardless of the use of cash therefore passes from 1.90% to 1.70% of the remuneration for companies with up to 50 employees; from 2.20% to 2% for those over 50; from 5.20% to 4.70% for construction;
• the introduction of the ban on authorizing hours of ordinary wage integration exceeding the limit of one third of the ordinary hours that can be worked in the mobile two-year period, with reference to all workers of the production unit employed on average in the six months preceding the application for concession of wage integration; and this, in order to favor the rotation in the use of the CIGO treatment, as well as the recourse to the reduction of working hours with respect to the suspension;
• the simplification of the procedure for granting ordinary wage subsidies: specifically, it is envisaged that the treatment is granted by the territorially competent INPS office, without prior resolution of the Provincial Commission of the wage supplementation fund.

Provisions regarding extraordinary wage subsidies (CIGS)

The main interventions concern:

• the rationalization of the discipline concerning the reasons for granting the treatment: specifically, it is established that the extraordinary intervention of wage integration can be granted for one of the following three reasons:
  • corporate reorganization (which reabsorbs the current reasons for corporate restructuring, reorganization or conversion);
  • company crisis, with the exception, starting from 1 January 2016, of cases of cessation of the company's production activity or of a branch of it. However, it is envisaged that, for a maximum limit of 6 months and subject to an agreement stipulated within the government, within the spending limit of 50 million euros for each of the years 2016, 2017 and 2018, a continuation of the duration of the treatment of CIGS, if at the end of the company crisis program the company ceases production activity and there are concrete prospects of rapid sale of the company and a consequent reabsorption of employment);
  • solidarity contract: therefore, the current type "A" solidarity contracts, envisaged for companies falling within the scope of application of the CIGS, become a reason for the latter;
• the introduction of the provision that for reasons of corporate reorganization and corporate crisis, suspensions of work may be authorized only within the limit of the 80% of the hours that can be worked in the production unit in the period of time referred to in the authorized programme; and this, in order to favor rotation in the use of CIGS treatment; this provision does not operate for a transitional period of 24 months from the entry into force of the decree;
• the revision of the maximum duration of the CIGS and solidarity contracts; in particular:
  • for the company reorganisation, the current maximum duration of 24 months for each production unit is confirmed, however eliminating the currently envisaged possibility of granting the so-called "complex extensions" (ie two extensions with a maximum duration of 12 months each);
  • for the cause of company crisis, the maximum duration of 12 months is confirmed;
  • for the purpose of the solidarity contract, the maximum duration of 24 months is confirmed with respect to the current type "A" solidarity contracts. This duration can be extended to 36 months, as it is envisaged that the duration of the treatments for the purpose of the solidarity contract, within the limit of 24 months in the mobile five-year period, is calculated in half. Beyond this limit, the duration of such treatments is calculated in full.

Provisions on bilateral solidarity funds
The main interventions concern:

• the provision of the obligation to extend bilateral solidarity funds for all sectors that do not fall within the scope of application of ordinary or extraordinary wage subsidies, in relation to companies that employ more than 5 employees on average (currently the obligation is envisaged in relationship to companies that employ more than 15 employees on average); the provision that, starting from 1 January 2016, the residual solidarity fund (i.e. the fund that operates for all sectors which, in addition to not falling within the ambit of application of ordinary or extraordinary wage subsidies, have not set up bilateral solidarity funds) takes the name of Salary Subsidy Fund and is subject to new regulations. The salient features of this new regulation are as follows:
  • Employers who employ more than 5 employees on average fall within the scope of application of the Wage Integration Fund (currently, on the other hand, employers who employ an average of more than 15 employees fall within the scope of application of the residual solidarity fund) , against the payment of a rate of 0.45% of remuneration starting from 2016 (for companies with more than 15 employees, the rate will be 0.65%).
  • the Salary Integration Fund guarantees, starting from 1 January 2016, the disbursement of a new benefit, namely the solidarity allowance. This is a wage supplement paid - for a maximum period of 12 months in a mobile two-year period - to employees of employers who enter into company collective agreements with the comparatively most representative trade union organizations which establish a reduction in working hours, in order to avoid or reduce redundancies or to avoid multiple individual dismissals for justified objective reasons: this new service replaces type "B" solidarity contracts, i.e. those entered into by companies that do not fall within the scope of the CIGS. Employers who employ on average more than 5 and up to 15 employees can request the solidarity allowance for the events of suspension or reduction of work which occurred starting from 1 July 2016;
  • in the case of workers who employ more than 15 employees on average, the Salary Integration Fund guarantees the additional benefit consisting of the ordinary allowance, for a maximum duration of 26 weeks in a mobile two-year period, in relation to the reasons for the reduction or suspension of the working activities envisaged by the legislation on ordinary (excluding seasonal inclement weather) and extraordinary (limited to reasons for reorganization and corporate crisis) wage integrations;
• revision of the regulation of the ordinary allowance paid by the bilateral solidarity funds: the funds (different from the wage integration fund) establish the maximum duration of the benefit, not less than 13 weeks in a rolling two-year period and not more, depending on the case invoked, to the maximum durations envisaged for the CIGO and CIGS (currently, however, the ordinary cheque, regardless of the reason invoked, cannot exceed the maximum duration envisaged for the CIGO);
• introduction of competence requirements and absence of conflict of interest for the experts appointed by the employers' and workers' trade unions, as members of the administrative committees of the bilateral solidarity funds (including the wage integration fund);
• introduction of honourability requirements for all members of the administrative committees of the wage integration fund and bilateral solidarity funds;
• the provision that, by 31 December 2015, the so-called pure bilateral funds, or alternatives to the system described up to now (such as the bilateral handicraft fund) provide at least one benefit between the ordinary check for 13 weeks in the two-year period or the of solidarity for 26 weeks in the two-year period, providing for a contribution rate to the fund of 0.45% (divided between the company and the worker according to an agreement left to the social partners).

5. Provisions for the reorganization of legislation on employment services and active policies (legislative decree - preliminary examination)

The Council of Ministers, on the proposal of the Minister of Labor and Social Policies Giuliano Poletti, approved, in a preliminary examination, a legislative decree containing provisions for the reorganization of the legislation on employment services and active policies pursuant to article 1, paragraph 3, of the law of 10 December 2014, n. 183.

The legislative decree establishes a National Network of services for labor policies, coordinated by the new National Agency for Active Labor Policies (ANPAL), and made up of the regional structures for active labor policies, INPS, INAIL, by Employment Agencies and other entities authorized to carry out intermediation activities, by training institutions and by Italia Lavoro and ISFOL. The establishment of ANPAL will take place without new burdens on public finance. All the resources necessary for its functioning will in fact be transferred from the Ministry of Labor and from ISFOL, of which a consequent reorganization will be carried out.
The Ministry of Labor will set three-year guidelines and annual objectives in the field of active policies and will define the minimum levels that services must have throughout the national territory.
To ensure the essential levels of performance in terms of services and active employment policies, the Ministry of Labour, Regions and Autonomous Provinces will define a Plan aimed at the provision of active policies through the coordinated use of funds (national, regional and European Social). For the same purpose, the Ministry of Labor will stipulate an agreement with each Region and with the autonomous Provinces to regulate the relationships and obligations concerning the management of employment services and active labor policies.

The Ministry of Labor will therefore monitor compliance with the essential levels of performance throughout the country and will monitor employment policies.

A national register of subjects accredited to carry out functions in the field of active labor policies, an information system of labor policies and the electronic file of the worker will be set up. The establishment of the Register will be provided by ANPAL. The goal is to enhance the synergies between public and private entities and to strengthen the ability to match job supply and demand. Information system and the electronic file of the worker aim at better management of the labor market and monitoring of the services provided. To simplify the fulfilments for employers, it is envisaged that communications of recruitment, transformation and termination of employment relationships (including those relating to seafarers), must be made electronically. The information in the information system will represent the basis for the creation of the electronic file of the worker, freely accessible by the interested parties. All the information contained in the information system will be made available to the Regions and Provinces. There will also be a national register of entities accredited to carry out professional training activities.

As for the inter-professional and bilateral Funds which will also be part of the Network – ANPAL will supervise them, reporting to the Ministry of Labour. With a view to more effective integration and reintegration into the labor market, it is envisaged that Regions and autonomous Provinces will set up local offices, called Employment Centres, to carry out, for the unemployed, partially unemployed and subjects at risk of unemployment, guidance, assistance, introduction to training and accompaniment to work.

The status of unemployed worker, even partially, and of worker at risk of unemployment is defined. Those belonging to these categories will be assigned to a profiling class, in order to evaluate their level of employability and will be summoned by the employment centers for the stipulation of a personalized service agreement. The Agreement must also state the willingness of the applicant to participate in initiatives of a training, requalification or active political nature and to accept suitable job offers.

To strengthen the conditionality of disbursements, the application for ASPI, NASpI or DIS-COLL will be equivalent to a declaration of immediate availability of the worker, and will be included in the information system of active policies and employment services.
Beneficiaries of income support benefits, who have not regained employment, will therefore be called to stipulate the personalized service pact.
Signing the personalized service agreement will also be necessary for the granting of the Unemployment Allowance (ASDI).
Beneficiaries of income support benefits who, without justification, do not participate in initiatives aimed at achieving their integration or reintegration into the world of work will be subject to sanctions ranging from curtailment, suspension or forfeiture of benefits.

A redeployment allowance is also envisaged, in favor of unemployed persons, whose unemployment exceeds four months. The sum, graduated according to the employability profile, will be spendable at the employment centers or at entities accredited to carry out functions and tasks in the field of active employment policies. The check will not constitute taxable income.

Again, workers holding income support instruments may be called upon to carry out service activities for the community in the territory of the Municipality of residence.
The use of workers in such activities will not lead to the establishment of an employment relationship.
These workers will be entitled to a monthly amount, equal to the social allowance, paid by INPS. Finally, the legislation on employment incentives is reorganized with the provision for the establishment, at ANPAL, of a national directory of employment incentives. The general principles of use of the incentives are defined in order to guarantee a homogeneous application; those relating to apprenticeship contracts for qualification, diploma and professional specialization and higher education and research are rationalised.

6. Provisions for the rationalization and simplification of procedures and obligations for citizens and businesses and other provisions on the subject of employment relationships and equal opportunities (legislative decree - preliminary examination)
The Council of Ministers, on the proposal of the Minister of Labor and Social Policies Giuliano Poletti, approved, in preliminary examination, a legislative decree containing provisions for the rationalization and simplification of procedures and obligations for citizens and businesses and other provisions on the subject of employment relationship and equal opportunities in implementation of the law of 10 December 2014, n. 183.
The provisions contained in the decree can be divided into three basic groups. The first concerns the simplification of procedures and obligations for citizens and businesses; the second, employment relationships; the third equal opportunities.
Simplifications of procedures and fulfilments
a) Rationalization and simplification of the targeted integration of people with disabilities.
The lines characterizing the intervention concern:

• the possibility for private employers to hire workers with disabilities through a nominative request, the signing of agreements and direct hiring. The possibility has also been introduced of calculating in the reserve quota disabled workers who have a reduction in their working capacity of a certain entity even if not hired through the targeted placement procedures;
• the complete revision of the procedure for granting the incentive for hiring the disabled, providing for the direct and immediate payment of the incentive to the employer by the INPS through an adjustment in the monthly contribution declarations.

b) Rationalization and simplification of the establishment and management of the employment relationship.
The main interventions concern:

• the keeping, starting from 1 January 2017, of the consolidated labor register electronically at the Ministry of Labor and Social Policies;
• the provision that all communications regarding employment relationships, targeted placements, protection of working conditions, incentives, active policies and professional training, including the no impediment document for subordinate work for non-EU citizens in the entertainment sector, be made exclusively in electronically using simplified models;
• the strengthening of the database of active and passive policies;
• the abolition of the authorization to work abroad and the simplification of the placement of seafarers.

c) Rationalization and simplification of health and safety at work and compulsory insurance against accidents at work and occupational diseases.
The main changes concern:

• the review of the composition of the Committee for the guidance and evaluation of active policies and for the national coordination of supervisory activities in the field of health and safety in the workplace, in order to simplify and streamline the procedures for appointing members;
• the reduction of the members of the permanent advisory Commission for health and safety at work, the introduction of a new procedure for the reconstitution of the Commission and an update of the functions institutionally attributed to it;
• the making available to the employer, by Inail, also in collaboration with the local health authorities through the Technical Coordination of the Regions, of technical and specialist tools for reducing risk levels;
• the direct performance by the employer of first aid tasks, as well as fire prevention and evacuation, even in companies or production units that have more than five workers;
• the improvement of the process of acquiring the information necessary for calculating the insurance premium through the creation of a specific service on the INAIL portal;
• the transmission to INAIL of the accident and occupational disease certificate exclusively electronically, with consequent exemption for the employer;
• the transmission to the public safety authority of information relating to reports of fatal accidents or accidents with a prognosis of more than thirty days at the expense of INAIL, exempting the employer;
• the abolition of the obligation to keep the accident register, anticipating the abolition of the obligation, connected, in the intentions of the legislator, to the issuing of the inter-ministerial decree establishing the National Information System for prevention in the workplace (SINP).

d) Review of sanctions on labor and social legislation.
The main interventions concern:

• the change to the so-called maxi-sanction for "undeclared" work with the introduction of sanctioning amounts "by bands", rather than linked to a single day of irregular work and the reintroduction of the formal notice procedure, which allows for the regularization of ascertained violations. The regularization is subject to the retention of the "black" personnel in work for a certain period of time;
• the amendment to the so-called provision for the suspension of entrepreneurial activity, favoring an "immediate elimination of the effects of the unlawful conduct, making the most of reward-type institutions";
• the concepts of omitted and unfaithful registration in the single labor ledger are clarified and the sanctions regime is changed;
• the penalties relating to the delivery of the pay slip are changed;
• the obligation, in the context of construction sites, to supply "the employed personnel with a special identification card accompanied by a photograph, containing the worker's personal details and the indication of the employer" is eliminated.

Employment relationship provisions

The main interventions concern:

• the revision of the regulation of remote controls of the worker [Editor's note: with measures aimed at simplifying the use of telephones, tablets, etc. without the need to request any administrative authorization or trade union information as the guarantee will be a document to be delivered to the workers.];
• the possibility for workers to transfer, free of charge, to workers employed by the same employer, who carry out tasks of the same level and category, the rest and holidays accrued, with the exclusion of the minimum days of rest and holidays guaranteed by law , in order to assist minor children who, due to their particular health conditions, need constant assistance and care from their parents;
• the introduction by ministerial decree, for workers in the private sector, of exemptions from compliance with the availability periods in the event of illness, as is the case for workers in the public sector;
• the introduction of simplified procedures for resigning and consensual termination of the employment relationship, exclusively by electronic means on specific forms made available by the Ministry of Labor and Social Policies through the institutional website.

ESTABLISHMENT OF HEALTH THEME DAYS

The Council of Ministers shared the initiative of the Prime Minister Matteo Renzi, on the proposal of the Minister of Health Beatrice Lorenzin, to issue two directives:

• the first to establish the national day for women's health on 22 April each year, in line with the current health prevention and promotion policies promoted by the Minister and included among the health policy topics of the Agenda for the semester of the Presidency Italian of the European Union. The chosen day coincides with the birth date of Professor Rita Levi Montalcini (April 22, 1909), who was a member of the Honorary Committee of the ATENA Onlus Foundation.
• The second directive indexes the national day dedicated to facioscapulohumeral dystrophy on June 20 of each year, to raise public awareness, increase full awareness among patients, health and social workers, promote diagnostic research and the prevention of disease in healthy carriers.

Related news: First two Implementing Decrees published: