Welfare / Il Documento su previdenza, lavoro e competitività
di Claudio Treves
Coordinatore Dipartimento Politiche attive del lavoro Cgil nazionale
We present below the picture of the individual (with their opinion about the CGIL) of the Protocol of 23 July 2007 concerning the employment and social safety nets. The overall assessment is positive does not matter. In this we do not want to neglect the important acquisitions obtained in the first place the reconquest of the right of way for the contracts and the renewal of spring to the sole ownership clauses of collective bargaining or the announcement of "further regulations" to distinguish its own activities cooperation from those of their employment. Not to mention the sign of the universal design of the reform social safety nets and advances in the extent and duration of treatment provided in the immediate action on unemployment benefits. Yet the sign of the general chapter is not, why are confirmed by justifying the rules of insecurity, primarily due to the absence of interventions aimed at identifying the causative for the contract term, then the ambiguity in the recognition of the end of the exclusions law from the cap for the use of forward contracts, and finally for the serious flaw of the so-called anti-repetition rule, which has become the index for the undertaking of the correct procedure to follow to avoid any problem, while the union could turn into the trap of having to protect the individual worker against the interests of its class (rather than make you stay home, better another contract term, "and so on ...). Nor can it be accepted by us the fig leaf with which, instead of simply repeal rules which symbolically obnoxious staff leasing and on-call work, is expected to "tables" in the subject. In conclusion, it seems to have prevailed, and so the overall opinion can not be negative, the idea, so far only tentatively supported by someone in the center-left and totally absent in the electoral program of the Union, it is enough to integrate Law 30 with social safety nets. This conclusion is unacceptable and will be for the CGIL opposed today and tomorrow.
We present below the picture of the individual (with their opinion about the CGIL) of the Protocol of 23 July 2007 concerning the employment and social safety nets. The overall assessment is positive does not matter. In this we do not want to neglect the important acquisitions obtained in the first place the reconquest of the right of way for the contracts and the renewal of spring to the sole ownership clauses of collective bargaining or the announcement of "further regulations" to distinguish its own activities cooperation from those of their employment. Not to mention the sign of the universal design of the reform social safety nets and advances in the extent and duration of treatment provided in the immediate action on unemployment benefits. Yet the sign of the general chapter is not, why are confirmed by justifying the rules of insecurity, primarily due to the absence of interventions aimed at identifying the causative for the contract term, then the ambiguity in the recognition of the end of the exclusions law from the cap for the use of forward contracts, and finally for the serious flaw of the so-called anti-repetition rule, which has become the index for the undertaking of the correct procedure to follow to avoid any problem, while the union could turn into the trap of having to protect the individual worker against the interests of its class (rather than make you stay home, better another contract term, "and so on ...). Nor can it be accepted by us the fig leaf with which, instead of simply repeal rules which symbolically obnoxious staff leasing and on-call work, is expected to "tables" in the subject. In conclusion, it seems to have prevailed, and so the overall opinion can not be negative, the idea, so far only tentatively supported by someone in the center-left and totally absent in the electoral program of the Union, it is enough to integrate Law 30 with social safety nets. This conclusion is unacceptable and will be for the CGIL opposed today and tomorrow.
Labour Market
is expected to open a table together with the regions to rewrite the rules of the work relating to: •
bring order and cleanliness among the actors allowed to operate;
• weave more and more use of social safety nets and labor policies;
• reorder incentive systems for enterprises, especially to women and people over fifty. It will be reformulated in this context that the integration contract and reintegration. In this context, the regions and social partners should review the system of apprenticeship, coming to shared systems on the definition of the training profiles, systems of recognition and certification of skills acquired from learning, together with further regulatory action relating to duration, and the system of rights and wages.
Findings of the CGIL
These are commitments that will be monitored carefully, but can be productive on the effectiveness of the public role of turns in the labor market, thus removing a piece of non-marginal law 30 . In particular, it is important that we have decided to reformulate the placement contract, transforming it from a type of use to employment intertwined with specific useful for the reintegration of disadvantaged people (eg those over 50). Apprenticeship, while appreciating the intentions written in their excessive generality, we should aim to be the only channel of access to employment, and have resolved the issues raised in recent years. Therefore for us the points to be discussed in the "improvement of the legal regulation of the matter" will be: the abolition of the apprenticeship for the right and duty, the shortening of the duration and the explicit definition of matters relating to the rights and wages, Certification of public powers and the definition of "undertaking training."
Deletions of types and / or regulations prescribed by law 30
It says it will cancel the on-call work, while allowing to replace it with "part-time short-term" to be defined through a special negotiating table, clears the rules on disabled people. The government also intends to open a table on the administration, without repealing the staff leasing.
Findings of the CGIL
The repeal of the rules on disabled people is good and important. On measures relating to work chiamata e staff leasing la Cgil è chiara: non ci sono alternative all’abrogazione di queste norme e a questo orientamento terrà fede nel prosieguo, mentre riteniamo assai ambigua la scelta del governo di attivare tavoli riguardo a questi istituti.
Interventi sulle tipologie di lavoro
• Lavoro a tempo determinato
- si ripristina il diritto di precedenza per tutti i lavoratori a termine, sia verso posti di lavoro a tempo indeterminato che si rendessero disponibili nei 12 mesi successivi al termine del rapporto di durata di almeno sei mesi, sia per le attività stagionali da esercitarsi nei tre mesi successivi al termine della stagione;
- Apart from the use of caps "set by collective bargaining agreements where" the replacement, seasonal work, and the start-up of new activities (new production lines, but new facilities);
- we introduce a procedure that the company should follow in case the period of employment under fixed term contracts, including extensions and renewals, exceeds 36 months: summon the employee before the expiry of the Provincial Labour Directorate, with the assistance of the union, and propose a new contracts. If you do not follow this procedure takes the transformation
indefinitely - there is a change in the role of bargaining in defining the causal use of fixed term contracts.
Findings of the CGIL
This is the point of greatest negativity around the chapter "Work". There are some advances, but must be precisely defined deletion of the exclusions that the previous law required the definition of the limits to the use of forward contracts (such as intensification of the activities or relationships internal to seven months), under the so-called " anti-repetitiveness is seriously unbalanced on the side of the company and risks turning into a "trap" for the union that will assist a worker threatened with losing their jobs and thus well disposed to any "new contract", in addition, also on this point, it is unacceptable that the transformation would take effect only for an indefinite period, and only if the company misses steps: more than repetitive combat contracts! It remains, finally and above all, the unresolved issue of the revival of causal for the CGIL is and remains a crucial element and will be repeated in the bargaining and the legislative process.
• Part-time - eliminating the possibility that the elastic and flexible terms are defined between the worker and the employer. From now on, it must be just the bargaining collectively, they can introduce and define the entire related legislation (afterthought, economic conditions, regulations, etc.).
- the right of reconsideration is expected, but is limited to part-time chosen for purposes of treatment;
- it encourages the part-time "long" and discourages those with few hours
- it provides for the right of way;
- you require special measures for part-time chosen to combine work with care needs (children , elderly, etc.)..
Findings of the CGIL
measures are positive and significant, which release the worker (most often worker) from blackmail to sign unfair terms and unchangeable except with the resignation in exchange for a job. Good encouragement for part-time, long favored by the consolidation that will be extra work (which must be voluntary, as per the ruling of the Constitutional Court) and that the text does not explicitly cover. The law should also ensure the exercise for all of the right to reconsideration in the case of elastic and flexible terms.
• Work in collaboration
is expected to intensify, with new regulatory measures to supervise that work in collaboration does not replace the work subordinate.
Findings of the CGIL
Despite its brevity the text reinforces our vision to establish clearly that the normal activities of the company can not be done simply with the use of employment and thus must be interpreted the reference to "further regulations".
• Jobs accessory (vouchers) are expected to limit this right only to work performed in addition to that area of \u200b\u200bthe family (baby sitters, etc.).. One possible experiment in agriculture has to be defined only after consultation with the stakeholders.
Giudizio della Cgil
Il restringimento è positivo, potrebbe servire a far emergere una quota di lavoro nero. Sull’applicazione all’agricoltura, fermo restando il vincolo dell’accordo da parte della categoria, particolare attenzione andrà posta a evitare che si possa determinare una esclusione di lavoratori dai benefici previsti dal rinnovato sistema di ammortizzatori sociali e tutele previdenziali.
Appalti e lavoro in cooperativa
Il governo si impegna a rafforzare gli strumenti di controllo sulla regolarità degli appalti pubblici in particolare sull’applicazione dei Ccnl e delle norme sulla salute e security. There is also a questionable step which removes the joint responsibility of the customer if the formalities related to the work or service have been properly executed. The government is also committed to integrate the text agreed with the central cooperative law enforcement initiatives for cooperatives "spurious" and the correct application of cooperative bargaining partners.
Findings of the CGIL
The rule is positive, unless the risk of a liability exemption for future supplies. The constraints on the implementation of the national collective agreement and safety rules should be extended to contracts between individuals and the whole matter should be integrated with the opening of a table on outsourcing, looking at all aspects and establishing measures to control and safeguard of workers.
rules on agriculture and construction
The text records the government's commitment to provide continuity as discussed in the specific tables.
Findings of the CGIL
The table on the reform of agricultural shocks and Welfare has been blocked without warning by the Ministry of Economy for alleged lack of coverage, although the parties reached an important agreement and innovative and that deserves an immediate implementation.
social safety nets
The system scheme will focus on two tools: one intended to govern situations of difficulty, temporary or structural, the company maintaining the employment of the employee, and unifying the current Cig ordinary and extraordinary, the other, unifying mobility allowance el'indennità of unemployment benefits, designed to supplement the incomes of those left without work, weaving income support and active employment policies (see the part about "market labor "). The system should be universal, senza distinzione di tutele per tipologia di rapporto, settore di appartenenza o dimensione d’impresa. Le norme saranno oggetto di concertazione con le parti sociali, e andranno finanziate anche con modiche delle attuali contribuzioni, specie per i settori oggi esclusi. Una funzione di integrazione e controllo è attribuita agli enti bilaterali. Immediatamente si interviene su:
• Indennità di disoccupazione ordinaria con requisiti pieni: per i disoccupati fino a 50 anni, durata massima di 8 mesi (erano sette con la legge vigente; per i disoccupati con oltre 50 anni, durata massima di 12 mesi (erano dieci con legge vigente). Tutte le durate sono coperte previdenzialmente in modo pieno, a differenza delle disposizioni attuali which was limited to cover the periods up to six months for infracinquantenni and nine months for people over fifty. Amount of compensation: the first six months was 50% to 60%), 7 th and 8 th month, 50% (was 40% for the 7th, 8th and 9th month) months following the 40% (was 30% for 10 °). • Allowances
with reduced requirements: For the first 120 days coverage is at 35%, exceeding the 120 day allowance and 40% (+5% in the first case, +10% in the second). Equalization the roofs of the allowance will be made annually with the inflation at 100% and not more than 80%. At the express request of CGIL, the government has taken a formal commitment to continuing the rule laid down by the Finance Act (Section 1156, letter d), to fund job retraining and outplacement for employees whose companies were clients in crisis situations.
Findings of the CGIL
The planting scheme is acceptable because you choose the universalization of the system of protection, regardless of industry sector, type of use, size of company. This means that no one will be excluded from the whole system of protection. Just include a focus particular over fifty. Important to correlate universal measures of protection to labor policies effective, which means taking the choice to protect the work, instead of supporting only the loss of jobs. The profile of the reform scheme supports the rationalization and generalization of support instruments. For more immediate support to those who call themselves now has fewer protections and the prospect is identified the need for more resources for the unification of the treatments. Rightly stresses the need for provision of the enterprise system, which today often use "exemption in shock" without there being the simultaneous obligation to contribute. Notable is the resistance the point expressed by business associations, a harbinger of trouble for the future. Important to complete the social security coverage of each treatment, in contrast to what has inherited the previous government on unemployment benefits. It correctly recognizes the role of institutions bilateral integration of the public and control over disbursements. On this point will be paid particular attention to future developments, given the differences in approach among these unions. Immediate measures are positive and correct the mistakes of the past legislation giving full social security coverage to benefits, they extend the shelf life and increase economic value. Of particular value, finally, the intervention on compensation to less stringent requirements, which remained stagnant under the conditions laid down in 1996.
(www.rassegna.it, Statutory Review, August 2007)
(www.rassegna.it, Statutory Review, August 2007)
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