It is becoming easier for companies to hire temporary workers contracts until 2 years. After citizenship income, the government is also preparing to review the rules of another of the Five Star Movement’s key measures, the so-called “Dignity Decree.” These are the rules approved by the first Conte government, which had introduced strict reasons for companies to sign fixed-term contracts of more than 12 months, ie temporary and objective needs unrelated to the usual activity; replacement of workers; and temporary, significant increases in business. On the table of Labor Secretary Marina Calderone is a legislative decree on labor that is due to arrive in the Council of Ministers by the end of the month. The core of the regulation will be to overcome the limitations of fixed-term employment contracts.
Temporary contract, what changes
However, collective bargaining should play a central role. As a general rule, fixed-term employment contracts of up to 24 months can be agreed between the company and the worker without the need to establish a causal link. A further possible extension of 12 months is then possible on the basis of the agreements included in the national, territorial and company collective agreements. In short, the latter decide the “reasons” for a possible extension of the fixed-term contracts. Collective bargaining agreements may also state that grounds must be invoked before 24 months, according to sources working on the provision, but it is clearly stated because the general rule will be the lack of restrictions on hiring up to 2 years. The Draghi government had also intervened in the matter with the Sostegni bis decree. In addition to the “legal” reasons, the provision had already introduced other possible reasons for a contract extension and left their determination to collective bargaining. But the law expired in early October and was not renewed.
“The intention,” explains Under-Secretary of State for Labor Claudio Durigon, “is to give more freedom and put collective bargaining back in focus”.
However, the provision will also address other issues, such as an easing of the information restrictions imposed by former Labor Secretary Andrea Orlando’s Transparency Decree, which implemented the European directive on predictability of working conditions. The regulation contains a number of information on the rights and obligations arising from the stipulation of the employment contract: paid vacation, the initial amount of salary with an indication of the period and payment modalities, the duration of vacation, the schedule of working hours, as well as the provision of minimum requirements to the working conditions such as the probationary period, the accumulation of jobs, the minimum predictability of work, the possibility for the employee with a seniority of at least six months to apply for recognition of a form of work with more stable conditions.
THE STEPS
All of this information must be provided to the employee in writing, otherwise companies face fines of up to €5,000 per month. Employers’ associations and employment consultants have been complaining about the bureaucratic effort caused by the transparency decree for some time. First of all, the fact that the information, as provided for by the Directive itself, can take the form of a reference to laws, regulations, administrative or legal provisions, or to collective agreements. But the Draghi government did not think about implementing this simplification. Not only. The Transparency Regulation also introduced obligations not expressly provided for in the Directive. Especially under pressure from the Lega, the intention should therefore be to “soften” the requirements of the transparency decree by reducing the obligation to provide information to employees. In addition, the provision under study should also deal with the issue of women’s option and restore the old rules, probably with some “adjustments” for the next six months until the arrival of the general reform of the Fornero law.
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