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 begins, modificando quanto previsto dallo Statuto dei lavoratori. Congedi parentali più ampi, cassa integrazione ridotta a due anni ma estesa alle piccole imprese. Nascono le Agenzie dell’Ispettorato del lavoro e per le Politiche attive. Aboliti i 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 begins
amending 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.
Il provvedimento interviene, prevalentemente, sul testo unico a tutela della maternità (n° 151 del 26 marzo 2001), e reca misure volte a sostenere le cure parentali e a tutelare in particolare le madri lavoratrici. Il decreto interviene, innanzitutto, sul congedo obbligatorio di maternità, al fine di rendere più flessibile la possibilità di fruirne in casi particolari come quelli di parto prematuro o di ricovero del neonato.  Il decreto prevede un’estensione massima dell’arco temporale di fruibilità del congedo parentale dagli attuali 8 anni di vita del bambino a 12. Quello parzialmente retribuito (30%) viene portato dai 3 anni di età a 6 anni; per le famiglie meno abbienti tale beneficio può arrivare sino ad 8 anni.  Analoga previsione viene introdotta per i casi di adozione o di affidamento.
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. Disciplina organica dei contratti di lavoro e la revisione della normativa in tema di mansioni (decreto legislativo – esame definitivo)
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.
Per quanto riguarda i contratti di collaborazione a progetto (Co. Co. Pro.), a partire dall’entrata in vigore del decreto, non potranno più esserne attivati (quelli già in essere potranno proseguire fino alla loro scadenza). Comunque, a partire dal 1° gennaio 2016, ai rapporti di collaborazione personali che si concretizzino in prestazioni di lavoro continuative ed etero-organizzate dal datore di lavoro saranno applicate le norme del lavoro subordinato. Restano salve le collaborazioni regolamentate da accordi collettivi, stipulati dalle organizzazioni sindacali comparativamente più rappresentative sul piano nazionale, che prevedono discipline specifiche relative al trattamento economico e normativo in ragione delle particolari esigenze produttive ed organizzative del relativo settore e poche altri tipi di collaborazioni. Con l’intento di espandere le tutele del lavoro subordinato, il decreto legislativo prevede, con effetto dal 1° gennaio 2016, un meccanismo di stabilizzazione dei collaboratori e dei lavoratori autonomi che hanno prestato attività lavorativa a favore dell’impresa. Rientra nel quadro della promozione del lavoro subordinato e del contrasto all’elusione anche l’abrogazione delle disposizioni sul lavoro a progetto e dell’associazione in partecipazione con apporto di lavoro dell’associato persona fisica.
Mansioni – Viene previsto che il lavoratore può essere assegnato a qualunque mansione del livello di inquadramento, così com’è previsto nel lavoro alle dipendenze della pubblica amministrazione (articolo 52 del decreto legislativo n. 165 del 2001), purché rientranti nella medesima categoria e non più soltanto a mansioni «equivalenti», a mansioni, cioè, che implicano l’utilizzo della medesima professionalità. In presenza di processi di ristrutturazione o riorganizzazione aziendale e negli altri casi individuati dai contratti collettivi l’impresa potrà modificare le mansioni di un lavoratore fino ad un livello, senza modificare il suo trattamento economico (salvo trattamenti accessori legati alla specifica modalità di svolgimento del lavoro). Viene altresì prevista la possibilità di accordi individuali, “in sede protetta”, tra datore di lavoro e lavoratore che possano prevedere la modifica anche del livello di inquadramento e della retribuzione al fine della conservazione dell’occupazione, dell’acquisizione di una diversa professionalità o del miglioramento delle condizioni di vita.
The following types are confirmed:

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 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:

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:

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:

Provisions on ordinary wage subsidies (CIGO)

The main interventions concern:

Provisions regarding extraordinary wage subsidies (CIGS)

The main interventions concern:

Provisions on bilateral solidarity funds
The main interventions concern:

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.

Quanto ai Fondi interprofessionali e bilaterali che faranno anch’essi parte della Rete –  l’ANPAL eserciterà la vigilanza su di essi, riferendo al Ministero del Lavoro. In vista di un più efficace inserimento e reinserimento nel mercato del lavoro si prevede che Regioni e Province autonome costituiscano uffici territoriali, denominati Centri per l’impiego, per svolgere, nei confronti dei disoccupati, disoccupati parziali e soggetti a rischio di disoccupazione, attività di orientamento, ausilio, avviamento alla formazione e accompagnamento al lavoro.

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.
L’utilizzo dei lavoratori in tali attività non determinerà l’instaurazione di un rapporto di lavoro.
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:

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

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

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

Employment relationship provisions

The main interventions concern:

 

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:

Related news: First two Implementing Decrees published:

 

 

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