Types of contracts after the Jobs Act

by Valeria Zeppilli – Following the entry into force at the end of June of the legislative decree no. 81/2015, implementing the Jobs Act, contracts can no longer be concluded Of job sharing, Of joint association and of coordinated and ongoing project collaboration.

Instead they stay stipulable, in addition of course to the permanent contracts, those Temporary, to call, to partial time, Of job administration, Of apprenticeship, Of coordinated and continuous collaboration And accessories (with voucher).

With the exception of the on-call contract, which remains practically unchanged, all the other types of contract have, however, undergone changes changes which have made the discipline significantly different and which will be analyzed below in their main features.

Fixed-term contract

With reference to the fixed-term employment contract, the implementing decree of the Jobs Act is limited to clarify and simplify some aspects of the discipline, already reformed several times in recent years.

The most relevant intervention concerns the provision of only a financial penalty in the event of exceeding the maximum number of workers who can be hired on a fixed-term basis, equal to 20% of permanent workers.

In this case, therefore, unlike the other sanctioned hypotheses, the transformation of the contract to an open-ended contract is not envisaged.

Part time work

With reference to part-time work, the main changes introduced following the Jobs Act concern the extra work, which, in the absence of different regulation of collective agreements, may be required up to 25% of the weekly timetable and will result in asalary increased by 15%.

It is then expected that the flexible and elastic clauses may also be included in the contract in the absence of provisions in the collective agreements, provided that the stipulation takes place before a certification commission and the conditions and methods for the variations are indicated in the contract, which in any case require the two working days notice.

It is also envisaged that the worker with a cohabiting child not older than 13 years of age can apply, instead of parental leave, the transformation of work from full-time to part-time, with a reduction in hours not exceeding 50%.

The transformation can now be requested not only in the case of oncological pathology but also of serious worsening chronic degenerative diseasesconcerning the spouse, children and parents of the worker and in the event of assistance in favor of a cohabiting person with total, permanent and serious incapacity for work.

Finally it is limited the right of precedence in full-time employment, which remains only if the part-time job is the result of a previous transformation from full-time.

Administration contract

THEWith regard to the administration of manpower, the implementing decree of the Jobs Act stands out in particular for having eliminated the need to justify recourse to administration, simplified the formal contents and allowed the user to meet the obligations regarding safety at work.

Also interesting is the possibility of using it staff leasing in all sectors, albeit with the limit of 20% of total employees.

Finally, noteworthy is the introduction of the joint and several obligation on the part of the user and provider to pay salaries and social security contributions.

Apprenticeship

With reference to apprenticeship, first of all, an attempt was made to favor the alternation between school and work, by introducing a new form of apprenticeship for young students and predicting mandatory training hours for young people.

A novelty of a certain importance concerns, then, the possibility of hire workers who are beneficiaries of mobility or unemployment benefits without age limits.

Also interesting is the prediction that the hours of training carried out at the training institution do not necessarily have to be paid, while those carried out in the company must be paid to the 10%.

Finally, there are some new features regarding the training booklet, which must be held by the employer or educational institution as the case may be, and the certification of skills, which is due to the training institution of origin of the apprentice.

Accessory work

With reference to ancillary work, it basically comes the annual amount that each worker can receive is high, bringing it to €7,000.00, with a maximum of €2,000.00 for each client.

Collaborations organized by the client

Following the Jobs act, starting co.co.pro contracts will be abolished from 1 January 2016. in the private sector and the discipline of the employment relationship will apply to them.

This with the exception of collaborations for which the collective agreements provide for specific disciplines of economic and regulatory treatment; of the collaborations of professionals registered in registers, of the members of the administrative and control bodies of the companies, of the participants in colleges and commissions and of the collaborations made for institutional purposes in favor of the amateur sports associations and clubs affiliated to the national sports federations, to the associated sports disciplines and to sports promotion bodies recognized by CONI.

In any case, already starting from the entry into force of the implementing decrees co.co.pro contracts will no longer be usable for new hires.

For the public administrations old project collaborations can be stipulated until the end of 2016.

They remain however alive the hypotheses of co.co.co. survived the Biagi law.