Monday, June 29, 2015

Jobs Act: contracts code. Announcements for vouchers, apprenticeship … – FIRSTonline

With the decree implementing the Jobs Act, approved by the Cabinet last June 11 and published in the Official Gazette on June 24, the Government has reorganized the types of employment contracts existing. The new framework introduces some important innovations in the field of employment, but also leaves room for many uncertainties. The question facing all companies is: What will change with the latest decrees? What types of contracts will be activated for the new hires? What changes to the existing contracts?

After explaining what changes to the fixed-term contracts and permanent and important news on co.co.co co.co.pro and we will now move to treat other types of contracts that remain in force after the reorganization provisions of the Jobs Act.

Contract administration – Staff leasing

From the legislative decree of the Jobs Act coming interesting news on temporary contracts. With the reorganization of the contracts staff leasing enter fully into employment contracts for a specified or indeterminate available to all companies. So far the application limits of the supply contract were very restrictive, but with the new rules can be used in all areas. From the planned reform of the Jobs Act discipline staff leasing is strengthened by providing for agencies administration the ability to activate the ncarichi working without causal is a term that indefinitely. The legislator, however, introduces a quantitative limit to the number of contracts to supply activated, the same applies to the fixed-term contracts: 20% of the number of permanent employees in force as of January 1 of the year of intake.

The news of this Jobs Act make it more attractive staff leasing indefinitely that can now establish itself as a form of contract flexible and convenient. “The moment – said the lawyer Giuseppe Cucurachi – the agency’s administration assumes a fixed-term employee has the opportunity to know the cost and the gain, while the administration indefinitely you have an employee who costs you even after the expiration of the mission because it remains on board. All this could have cost implications and sull’opportunitità resorting to time indeteminato. But now, things could change. At a time when even the agency can take with permanent contract with protection increasing the worker should not cost that much even in the event to be sent away. “

Apprenticeship

The article 39 of the decree on the reorganization of the apprenticeship contracts defines as “a contract of indefinite duration aimed at training and employment of young people.” The new rules, trying to encourage the school-work introduces a form of apprenticeship for young students and provides hours of compulsory training for the young.

The apprenticeship can be defined according to the following types:

  • Apprenticeship for the qualification, diploma and professional specialization : for young people aged 15 to 25 years, maximum four aimed at the completion of schooling. Under contracts of apprenticeship, lasting no more than three years, aimed at young people enrolled in the fourth and fifth years of technical and vocational schools.

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  • professional Apprenticeship : aimed at young people between 18 and 29 years of a maximum duration of three years allows the achievement of a qualification through training achieved in the workplace and the knowledge gained from a technical point of view and professional.
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  • Apprenticeship advanced training and research : aimed at young people between 18 and 29 years, the duration is defined by an agreement between social partners, regions and institutions. The end of the apprenticeship is the achievement of a qualification or a secondary or university registration with a professional body.

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The total number of apprentices that an employer can take can not exceed the ratio of 3 to 2 than qualified and skilled workers in the company. An employer with fewer skilled employees in three can not take more than three apprentices, but this rule does not apply to the small businesses. For the purposes of their qualification or retraining can take in apprenticeship, with no age limit, workers in receipt of mobility allowance or treatment of unemployment.

Part-time

The reform of labor contracts makes few but significant changes to the contract for part-time work, especially with regard to the work additional hours than the agreed time. employer can ask for extra hours, while respecting collective agreements, also without the consent of the employee.

In the absence of collective agreements, the employer can still claim the part-time worker additional hours, but with a limit of 25% of the weekly working hours agreed . The work additional hours must be paid with addition of 15% of the total remuneration of the worker. The employee still has the right to refuse to perform any hours of work additional citing business reasons (another part-time job), family, health or education.

Another important innovation is the flexibility clauses. With the new rules the employer and employee may subscribe flexibility clauses on working time without collective agreements or trade union. Once signed clauses, the employer to move or extend the work performance of the employee will only give two days’ notice.

Finally, the Jobs Act provides that a worker with relatives with serious illnesses or workers on maternity leave can be converted, for a time, parental leave in part-time.

Contract to call

Among the types of contracts in force with the reform of the Jobs Act is also called the contract also confirming the current mode technology or by text message for activating the contract. In practice, the contract will continue to be called to be taken out in the two cases envisaged by the law Biagi:

  • in the cases identified by collective agreements or union
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  • or in the presence of the age requirement laid down (under 24 or over 55 years of age)
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confirmed the obligation to communicate to the Territorial Directorate of the relevant working the call before the start of work performance or of an integrated cycle of performance lasting no more than thirty days. In any case, with the exception of the sectors of tourism, shops and entertainment, the intermittent employment contract is allowed, for each worker with the same employer, for a period of no longer than 400 days actual work over 3 calendar years. Upon successful completion of this period its relationship turns into an employment relationship in permanent full-time.

Contract accessory – voucher

It is also the work accessory, so-called voucher. The main change introduced by the Jobs Act is the increase in the maximum amount to the employee up to 7,000 euro, while remaining within the limits of the no-tax area. The decree also specifies that work performance accessory can be made, in all productive sectors in the maximum total consideration of EUR 3,000 per calendar year , by wage earners’ supplementary benefit or income support . To resort to job performance accessory, employers are required to buy exclusively through electronic modes one or more book of good times , numbered and dated, for work performance accessory. To combat the misuse of the voucher the new rules provide that the developer should advance notice which will make use of vouchers, indicating the tax code of the worker and the place of performance of the service, in a period of 30 days.

In the end we see what types of contracts are abolished with the Jobs Act and which are instead, to the funds of the employer:

  • Since the entry into force of the decree (on the day after its publication in the Official Gazette) will no longer be activated job sharing agreements, association in participation and co.co.pro (remain those already outstanding to maturity)
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  • It is for employers the ability to activate (with the changes indicated) ended contracts, fixed-term, on-call, part-time, apprenticeship, with vouchers, administered and coordinated and continuous collaboration.

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