JOBS ACT / change of tasks, the news of the new law – The Sussidiario.net

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In the legislative decree on the revision of the contract types (n. 81 of 15 June 2015), implementation of the Jobs Act, published in the Official Gazette on 24 June, also contains the new discipline and attribution of changes in the tasks assigned to workers: discipline has always been “central” for both legal frameworks of labor relations, both for their practical management. The new provisions particularly want to respond to the need of businesses to benefit more maneuvering in the allocation of tasks internally.

The old discipline – which was introduced by the Workers’ Statute 45 years ago, and certainly, in the historical perspective, is a conquest of the workers, to protect their dignity and professionalism – it was now inadequate, in the face of challenges posed by technological innovation and the market. Sometimes, then, the rigidity imposed by the discipline contrasted with the personal needs of workers, they could agree to a substantial change in their areas of responsibility (including through allocation of tasks below) does not in all cases in which they they had actual need, but only in extreme situations, particularly when this was necessary to avoid a dismissal for objective reasons.

The new Article 2103 cc, rewritten by delegated decree, first allows employers to modify tasks, both attributing tasks of professional content different from that of the preceding, although referable to the same classification level (the so-called mobility “horizontal”), both lower attributing tasks.

If, in a superficial reading, this could induce think of a strong compression of the right to the preservation of their professionalism (right peacefully constitutional status), in reality things are not exactly so.

In particular, for the award, by a unilateral decision of the employer Work, of lower duties, there are numerous counterweights imposed by the legislature: there must be, upstream, a corporate reorganization (whose actual existence of the work will lay judges, in all probability, focus); the “shift” will affect only the duties belonging to the employment level immediately below that in the possession of the worker; the salary will remain unchanged; the measure must be notified in writing under penalty of nullity.

In any case, it remains the duty of accompanying every change of tasks, even in a “horizontal”, from all training that will be, in concrete , which is necessary. No deception in this regard, the provision for which the failure to complete compulsory education “does not determine, however, the invalidity of the assignment ‘: if, in fact, new tasks require, in order to be effectively carried out, specific training, the employer who fails can not in any way against the employee any malpractice.

If, then, the allocation of new tasks modifies the conditions of risk to the health of the worker (think all’adibizione in new machinery, or exposure to dangerous agents, just to make the examples more trivial), the lack of specific training and information in this respect will expose the employer to heavy penalties; whilst empowering the worker to the legitimate refusal of the service, until the compulsory training is accomplished (hypothesis, the latter, which, as is known, does not always come true, especially in small businesses: the real deterrent against such abuses remains, therefore, still one of the penalties).

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