Wednesday, December 24, 2014

Article 18 and dampers: last tussle on the Jobs Act – Il Sole 24 Ore

Article 18 and dampers: last tussle on the Jobs Act – Il Sole 24 Ore

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This article was published on December 24, 2014 at 09:27.
The last change is the December 24, 2014 at 10:07.

The monetary compensation, increasing with the length of service of the employee, will be the rule in all cases of dismissal for economic reason and organizational (should no longer fall within the notion of poor performance). The compensation-base could from 1.5-2 month per year of service, and reach a maximum of 24 months (with a minimum of 4 months, could trigger immediately after the trial period, to avoid layoffs in the first phase of the relationship).

It is confirmed conciliation standard: here the protections growing would leave by one month per year of service up to a maximum of 16 and a minimum of 2 (all amounts that should be tax-free to encourage settlement solutions) . There would be no increased amounts for large companies (over 200 employees). For them it would be worth the minimum and maximum general but the growth of the compensation (according to length of service) would be faster. The mechanism, however, is yet to be written.

The technicians at Palazzo Chigi and the Ministry of Labour have worked until late last night to finalize the Decree with the new rules on contract to increasing protections for new employees, who today will be examined by the Council of Ministers. The government is pressing to have ready, today, even the Decree sull’As pi, but here there were dissolved nodes on the covers, even after repeated meetings yesterday with the State Accounting Office. It is therefore possible that the Council of Ministers is limited only to an initial examination of the Decree on the new Aspi.

In terms of disciplinary dismissals real protection should remain only in cases of “non-existence of material fact.” But there could also be a reference all’opting out (that is, the ability to convert the penalty’s reinstatement with a maxi-compensation). The technical formulation of the opting out is still, however, be written. And this has provoked a strong reaction of the leader of the Senate popular area, Maurizio Sacconi, “Tomorrow is the D-Day of Italian politics. Or by Article 18 or by the government to collapse credibility. ” But Cesare Damiano (Pd), “the introduction of the opting out was not in the agreement with the Government. And there is excessive delegation. “

In the draft Decree on increasing protections, composed of a dozen articles, there should be the scope of new rules on economic dismissals also to collective redundancies; while in terms of small business you are studying a formulation to avoid penalties from the current situation (today, businesses under 16 employees, in the event of redundancy pay an illegitimate economic refreshment from 2.5 to 6 months).

As for the Decree sull’Aspi the root node are the covers. The intention of the government, the new universal shock for those who lose their job should be operational towards next June and would be accessible with just 13 weeks of contributions.
The subsidy is expected to increase with the duration of the contract (in increasing protections) up to 24 months, or six more than the 18 forecast on dall’Aspi Fornero. Not leaked indications of the amount that should not, however, exceed the limit of 1,090 euro per month. The extension of the audience should understand the transition until all co.co.pro. and contracts administration, in addition to all new contracts increasing protections, of course, regardless of the sector.

It is the basic idea of ​​linking the duration of the subsidy to the contribution history (Jagged yet to be defined) and remains the unemployment benefit that snaps after the exhaustion of the new Aspi but it is unclear whether it will be already contained in this Decree. There you would access with a low Isee, a shock absorber of last resort that will be tied to conditionality: the recipient’s participation in programs of re-employment. With the new Aspi, harmonizing the current Aspi and mini-Aspi, should not change the pattern of contributions payable by employers and employees (with a load for two-thirds on the first and third on the second): 1.30 % due to unemployment and 1.4% for the Aspi on futures.



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