Milan – We need a few more days because the last acts for the approval of the Jobs Act are passed by the government. Initially, all presaged them to finish before the Council of Ministers tomorrow, but along with other measures to expire did lean towards the government for a postponement, probably to 4 September.
It is therefore for the last few days details of the four legislative decrees concerning simplifications and equal opportunities; employment services and active policies; inspections and remote controls; social safety nets. “Tomorrow, if there will be changes to the agenda of the Council of Ministers, is expected to bring the last four decrees and from that point the enabling law will be fully implemented,” he said at first the minister Giuliano Poletti from the meeting Cl in Rimini, but then the decision to be postponed for a few days. “During the pre-council – explained later – it was verified that there were too many items on the agenda with several measures in short deadline: our expire in mid-September and therefore it was decided that the slip next week. Besides, everything is ready, it is just a problem of overcrowding. ” Among the four decrees there is a point – delicate, given the resonance that has had – yet to be resolved: that the use by employers of workers’ control tools, such as computers, smart phones and cameras.
In his formulation, the decree provides for the revision of Article 4 of the Statute of Workers and gives way to use the information collected – downstream of a union agreement or with the green light of the Territorial Directorate of Labour – through tools that serve the worker “to make the provision of work” and through the “tools of access logging and presence” also for the control of the employees.
A topic that has provoked much discussion and which the Ministry of Labour has stated, in June and that the provision on the devices useful “for making the provision” means that “the agreement or authorization need not if, and to the extent that, the instrument is considered as I mean that ‘need’ to the worker to fulfill the provision: this means that, at the time when this instrument is changed (for example, with the addition of special software localization or filtering) to control the worker, it protrudes from the scope the provision in that case, in fact, a tool that serves to the employee for making the provision pc, tablet or mobile phone become tools that serve the employer to monitor performance; with the result that these changes can only take place under the conditions set by the standard, ie the recurrence of special needs, the union agreement or authorization “administrative action.
Now, engineers are again working to understand how to address the issue, given the pressures to step back coming from several parts. For example, the Labour Commission of the Chamber came the request for a step back, especially on the fact that you can use for Audiovisual regulations on relations work. Poletti made it clear that the intention is to respect the privacy and transparency.
“The final decision is up to the CDM, I will only observe that the issue has been overly dramatized,” says the professor Maurizio Del Conte, Bocconi and legal adviser to the Prime Minister on issues of labor law. “It was to adapt legislation seventies all’intervenuta technological change and the advent of privacy laws,” he says. On smartphones and the like, “what is new is only that – if apparacchiature are delivered to the employee for the sole purpose of performing the specific task – it can happen without union agreement, subject to the possible regulation in the field of collective bargaining.” And the risk of Big Brother? “It ‘a figure is striking, but we live every day and in every area. It’ s true, the information can be used, but solely for the purposes of employment. And above all, the difference with this rule is that today there is the obligation to give prior and adequate information to the employee, without which the employer incurs in criminal sanctions. The real update this profile: it would be hypocritical not to treat the information, which are in fact available to the employer but he was responsible for regulating them and do an operation of transparency “.
Looking forward to a definitive formulation, after ok collected by the Labor Committees of the House and Senate earlier this month, the texts are therefore ready the final go-ahead by the government. And to Del Conte, subject to the control part, it is an opportunity to emphasize that overall “the delegation has been an opportunity to make a reform of all aspects of the labor market and many aspects of the functioning of the employment relationship “. On balance, it compares the extent that “the Hartz reforms in Germany. It ‘was created a system of protection against unemployment that finally is universal; there are active policies unprecedented in our legal system and – despite the difficulty of allotment competences between regional and state – an agency that has the power to develop a unified policy on the ground “. Here are the main contents of the last decrees.
simplifications . How to rebuild the House in its summary, the measure “that rules designed to streamline and simplify the procedures and obligations for citizens and businesses, the review of the sanctions regime, targeted inclusion of persons with disabilities, the simplification health and safety at work as well as other provisions on employment and equal opportunities. ” For example, it obliges Telematics for matters relating to employment, we introduce single register of work, we introduce the National Conference of equality advisors and so on.
Active policies . The main innovation in the context of a text “contains provisions aimed at identifying the parties that make up the network of services for labor policies”, regards the new National Agency for active policies Labour , wait for next year. We then move on “to the definition of common principles on active policies (which include, among other things, the introduction of provincial relocation) and to reform employment incentives.”
Inspection Activities . The text – which contains the issue of remote controls – concerns the rationalization and simplification of inspection, with the establishment of an Agency only to labor inspections, which integrates into a single structure inspection services of the Ministry of Labour, INPS and INAIL and therefore should not generate extra costs for public finances. Provided “tools and forms of cooperation with the inspection services of the local health authorities and regional agencies for environmental protection”.
Social safety nets. Beyond the issues as the itchy control, the text reviews the regulation of instruments to protect operating income in constant employment (ie ordinary and extraordinary redundancy fund, solidarity contracts and bilateral solidarity funds), by bringing together the discussion in a single text repealing laws previous. The Fund is snip at 24 months, which may be 36 months when recourse to solidarity contracts, as part of a five-year period furniture. The shock absorbers are extended to businesses than five employees, with a principle of contribution based on usage: an additional contribution of 9% of the lost salary for the periods of cash (cumulating ordinary, extraordinary and solidarity contracts) up to a year usage in the five years the mobile; of 12% up to two years and 15% up to three.
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