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"Grave mistake to deprive the employees of the staff lease "(published in Avanti! of Wednesday, December 19, 2007)

Work is not a commodity. Prerequisite for the full realization of progress material and spiritual in our society, the work rises to the rank of a fundamental right, leaving an indelible mark among the first lines of the Constitution, which entrusts the Republic itself the task of recognizing all citizens the right to work and to promote conditions which will make this right. Not forgetting the conditions under which workers do their job, which indisputably the legislature must subtract from the risk of commodity transactions. Monetize the work is of course legitimate, but in the interests of corrispettività pay (synallagma prerequisite for the contract). For the dignity of the worker - incontrovertible coefficient a working relationship - can not and should not be mistaken as an economic exchange. And dignity is not the condition of those workers who carry out their work at the mercy of bogus contracts, compared to that of an adequate legal precept not even have the name. A widespread phenomenon, which doubtless not sweetened at all certain unpleasant events of the economic history of our country, and often beyond the control of those same bodies and Members of the monitoring of any legislative or circumvention of (unfortunately not occasional) criminal attacks in detriment of workers' rights. Not only that the corporal and undeclared work are likely to become ghosts that evoke the obsolescence of labor legislation, prior to the modernization of the labor market routed by Treu and Biagi continued by the new law. Term after term, was dished up a plethora of solutions to oppose situations that distort the legal case. On the other hand a viable solution to address this problem is present in the folds of the legislation and the various decrees: the institute staff leasing, or the administration of permanent employment. The leasing contract work - says the provisions of art. 20 of Legislative Decree No 276/2003 - can be completed by each subject (user) that you go to another subject (administration) that legitimately authorized by the Ministry of Labour. The leasing staff - continues the provision in question - is allowed "for advice and assistance in the computer industry, including design and maintenance of intranets and extranets, websites, computer systems, application software development, data loading, for cleaning services, housing, concierge service to and from the plant, transportation of people and transport and handling of machinery and goods for the management of libraries, parks, museums, archives, stores and services economy; for business management consulting, assistance for certification, resource planning, organizational development and change, personnel management, recruitment and selection of staff for marketing, market analysis, organization of the marketing function, for managing call center and to start new ventures in Objective 1 of Regulation (EC ) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds for housing development within plants, for installation or removal of equipment and machinery for particular business, with specific reference to construction and shipbuilding ships, which require multiple stages of processing, the use of labor different from that normally used for specialized in the enterprise. " Moreover, this institution is allowed "in all other cases provided for in collective bargaining agreements entered into by national or regional associations of employers and workers employed comparatively more representative," so as to restrict private autonomy the task of expanding the range of activities for the exercise of this contractual instrument, which is one of his reasons for being in competition with the contract. In choosing what to take to implement the legal services outsourcing, companies can in fact opt \u200b\u200bfor a more reliable but more expensive for their financial statements with respect to services. The institute staff leasing provides a robust system of safeguards, which can rely more saw the review implies that the legislature places on the agencies carrying out administration, by virtue of legal and financial requirements for obtaining authorization to operate in that effect, among other things given to workers apply the same collective agreements (national and company) used at the user enterprise and enjoy the same trade union rights provided for workers employed directly by the user. In addition, in periods of non-execution of a task, workers do not suffer from the suspension caused by the lack of wage employment, compared with the allowance availability provided. So if we consider the equal treatment (particularly economic development) and the stability of the relationship (instead of the conditions outside the framework of service contracts), we can easily imagine how the principle of such an institute is the contrast to the precarious and illegal employment . The Government's action? Abolished. The leasing staff was in fact deleted in the approval of the welfare maxi-amendment occurred at Deputies on 28 November. The saga of yet another ideological fetish.

Alessio Maniscalco

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A generational conflict? (ADAPT Bulletin published on December 10, 2007, n. 46) The proposal

INTRODUCTION - Two different governments, two different agreements. Legitimate children of a different political scenario. The Pact for Italy on the one hand, the Protocol of 23 July 2007 on the other. The first signed July 5, 2002, with the aim of crystallizing the guidelines in the enabling act of the White Paper No 30/2003 and later merged in the implementing Decree No. 276/2003. The second is the protocol on security, employment and competitiveness to the equitable and sustainable growth, submitted to the Social Partners on the night of July 20 last year by the Government. One governs the three subjects to be included greater public interest (social security, labor market and tax), the other deals only with the first two. The Pact for Italy was not negotiated by the CGIL, conversely, has signed the Protocol of 23 July. The methodological approach of the Covenant is based on a comparison pattern mining community, or the so-called "social dialogue". That, in continuity with the White Paper allows the Government not to see paralyzed legislative action, because of the absence of a bond of unanimity of consensus on certain matters. You should keep in mind that these stories do not exclude any way how to compare the comparison between those involved in bargaining, but rather are measures to prevent the numbness negotiation and, therefore, slowing the legislative machinery. Without a doubt better than a model of dialogue that, in factual reality, sometimes tends to escape their commitments in negotiations. This is the case of the Protocol of 23 July, a victim of second thoughts and controversies about whether or not to change it in the Houses of Parliament, after it had already been signed by the social partners and confirmed by 5 million workers in the referendum. "The critical point - the professor writes on the pages of the Bulletin Tiraboschi ADAPT-remains a serious de-legitimization of all the parties signed the agreement in July, the government first and foremost, in the case had violated the most basic rule of the meeting, namely the principle that pacts must be respected for what they are. " A comparison between the two agreements allow us to trace a geography of the various solutions identified by themselves, and proceeds in a comparative perspective, allows us to distinguish the innovative spirit of the one, the inertia for reform of the other.

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"The main authors who have dealt with 'neo-generational issue" in Italy, in 2007, will discuss publicly Thursday, December 13 at 17.00 to the Department of Economics at the Faculty of Political Sciences, University of Rome "(extract from press release Coalition Generational -35)

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ALERTS Boeri and the weight of the article on precarious 18 (published in "the West" by Wednesday, November 7, 2007)

Words are stones, "hands down in Article 18." Back to light an old slogan in the name of populism more genuine. Detonator of this flashback was dished up by the proposal estimated economist Tito Boeri on the pages of hypertext lavoce.info , encouraged by Tiziano Treu and the new secretary of the Democratic Party Walter Veltroni, which is the single contract in three stages: test integration and stability. A single contract of indefinite duration - reiterated Boeri - with a trial period of six months (longer than the present), and a second insertion phase (which lasts up to three years) with protection increasing progressively, until you get to those that exist today (in the final stage of stability) In practice the first three years of the contract, Article 18 does not apply. And of course the usual fuss could be made to wait. "The newcomers to the precarious", that the label affixed by the Secretary of the Communist Refoundation Franco Giordano. A history of the policies adopted by other European countries can help us understand that, in contrast, greater flexibility in output (including the response on 18), allows instead of promoting the so-called outsiders, those who are outside the labor market. Eurostat survey (data from 2006) reveals that compared to other EU member states, the percentage of temporary contracts in the United Kingdom is the smallest, or 5.8% of total employed persons. In our country, however, the contracts are coming to represent increased 13.1%. What causes this gap? The reason lies in the different distribution of existing protections in the Anglo-Saxon country: in fact, stable workers do not have a contract "sealed" and those employed on a precarious benefit from greater security, in order to move the system protection of the employment relationship to the labor market (you remember the Danish flexicurity matrix, which was relaunched by the European Commission's Green Paper?). So a great antidote to counteract instability. But the key to the problem lies in the question of art. 18 of the Statute of workers, particularly as regards the issue of reinstatement of the worker in the workplace. The rules currently in force in Italy provides for a mandatory system of protection for employers who occupy up to 15 employees (the employer can choose which subject to sanction: restoration of employment or compensation from 2.5 to 6 months) and a system of protection (or establishment) real for those who take more than 15 employees (in this case, in addition to compensation, is expected to reinstate the employee in the workplace). In contrast to some European countries the protection of dismissal without just cause does not have the obligatory return (as in Belgium, Denmark, France, Ireland and Spain) or at least is expected due to limitations (for example, the United Kingdom may be avoided by paying an additional fee). In the past in our country in a reformist effort has been made: during the XIV legislature, in fact, implantation of the bill S 848 of 2001, containing the "Delegation to the Government on the labor market, 'stood the proposal a temporary restriction of the scope of Article. 18 of Law 300/1970 and the institution of reinstatement. As you know, following protests culminating in the manifestation of the CGIL held in Rome March 23, 2002, the government eliminated that given by the bill. "But discipline is the main reason for the termination of the dualism of the labor market - Professor Cazzola wrote the columns of Il Sole 24 Ore, 23 September, quoting the example of Spain - until it comes to defining, in general, sustainable protection against unfair dismissal (confining the reintegration into the workplace to situations where discriminatory and prejudicial to fundamental rights) there will always be gaps hours complained. In essence, to combat the so-called uncertainty calls for a review, in a unified and redistributive, the grid of protection. In other European countries have been noticed. " In Italy the vast majority of firms have fewer than 10 employees and therefore the effects of Article 18 are reflected only on a rather narrow audience of workers. What sense, then, boil the approaches to the reform of this provision as a kind of "eschatology" of the system of guarantees and protections for workers?

ALESSIO Maniscalco

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Discovering the single contract (published in "Avanti!" Of Wednesday, November 7, 2007)

Night Shift: the question of art. 18 of the Statute of workers is one such dispute which is worth reopening. The outline of a situation that precludes the application of contractual provisions of that legislation, it is raised by Tito Boeri a proposal appeared in more than two years ago on the site " lavoce.info " and inserted by Tiziano Treu within program of the Democratic Party, where, precisely, we speak of a new model of negotiation which would call into question the long bench under the law 300/1970: the "single contract" in three phases (testing, integration, and stability) . The rationale for this proposal is to solve the problem of segmentation labor market in two different categories of workers protected against: the core employees (permanent employees) and peripheral employees (temporary workers). The first highly protected, the latter not. Does not have a deadline, is divided into an initial three-year tranche of placement (6 months trial) to the fulfillment of which enter the phase of stability and one of the distinctive qualities, is modeled on a system of safeguards matrix with progressive increase gradual them. During the insertion, in fact, "the dismissal can take place - says the" single text "of the single contract drawn up by Tito Boeri and Pietro Garibaldi - behind only monetary compensation, subject to the assumptions dismissal for cause 'if the reasons underlying the termination of employment are discriminatory, will be observed the provisions of art. 18. The "monetary compensation" increases by an amount equal to 15 days remuneration for each quarter of the work: for example, if a single contract was terminated after six months, the employee is entitled to monetary compensation equivalent to one month's salary. During the period of stability, however, refers to the rules currently in force. Work performance also would be adjusted according to a national minimum wage and the same tax rate of 33%, including collaboration on projects. The remaining contracts which have arisen? "There remain, but must be compatible with the minimum standards defined above, in terms of hourly minimum wage and social security contributions mandatory." However, where the company has resigned during the insertion of a single contract, the worker can be summarized in the following twelve months "only by restoring its status as a protection against dismissal, at the time of the interruption of employment . For example, if fired after six months, will have from day one right to one month's compensation in case of dismissal for objective justification. New contract will be deducted from the period of integration already consumed in the previous contract. Therefore, in the event of dismissal after six months, the new contract will have an insertion phase limited to 30 months. " No analogy with the Contrat Première embauche (First Employment Contract), which was unpleasant because of problems of public order in the streets of a hundred French towns, "as opposed to the CPE - in fact - the single contract is indefinite and not only affects the young. " The EPC contract was a form of (soon to be withdrawn by President Chirac) that allowed employers to terminate nutum (without justification) the employment relationship signed with the workers under 26 years in the first two years of work. It will instead be able to identify certain points of convergence in the Contrat Nouvelles Embauches (literally "new recruitment contract '), which, in order to promote the vitality of employment, provides a kind of extended trial period, during the completion of which the employer has the right to monitor the worker, and if it proves unsuitable for the performance of their duties, may eventually terminate the employment relationship without encountering stiff legislative barriers. However, the intent of the contract palingenetic only been called into question: Professor Tiraboschi has stressed the existence of a particular type of contract already exists in our system. "It's the new apprenticeship Biagi law - according to the columns of Il Sole 24 Ore, 21 September - which is in fact an employment contract of indefinite duration, but not Article 18 which provides for a test, a placement in training methodology and finally, at the end the learning period, the possibility of stabilization without interruption. " By contrast Tito Boeri and Pietro Garibaldi deny the similarity of the two figures, because of their functional diversity: the single contract for an indefinite period is aimed, in fact, to a wider catchment area that goes beyond the limit master (29 years) thereby supporting the return to the production cycle of weak labor market, such women after maternity leave and the elderly. Differently from apprenticeship, among other things, the contract not only provides for reduced social security contributions and expenses on the part of the taxpayer. However, these types of contracts one thing in common have it: the non-subjection to the provisions under Article 18 (of course if you exclude the possibility of special circumstances). The regulation of withdrawal (and in particular individual dismissal) have to be rethought, making sure to remove his glasses and gray dell'inamovibilità traditionalist trying to act with discretion and common sense.

ALESSIO Maniscalco

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What happened to the services for use? (Published in "the West" by Wednesday, October 24, 2007) A comparison

In Italy today's economic situation was the result of historical changes in economic and social substratum of accidents in the country, which led the State to put in place measures to rationalize the system of intermediation between supply and demand work . If for a period Tutt 'nothing but short, government intervention in the labor market has characterized the encounter between supply and demand by the public monopoly on placement (which was the cause of the conviction of 11 December 1997 by the European Court of Justice), the picture of employment services has changed as a result of liberalization labor market, because access to the management of private job placement services. Thus failed (with no desire to commemorate), one of the basic lines of the system of law Fanfani of 1949 (which captures the archetype in the fascist period and remained in force until the nineties), or the exclusive possession in the management of the placement: the package Treu before (with the regulation of temporary work) and the Montagues after the decree (with "the contribution to the regions and local government functions and duties related to employment and labor policies, in 'context of a general role of guidance, promotion and coordination of the State ") have signed inextricably rethinking the use of the system. The turning point in the process of organic arrangement of the placement, however, is found in the Biagi law (which was followed by the Legislative Decree . 276/03), which has the merit of having reorganized the labor market (through to which, among other things, new subjects have been legitimized acting as an agent of labor). But what strategy is designed in the agreement of July 23 last year, signed by the Government and social partners in relation to employment services? "The reform strategy is based on additions and changes to the legislative decree 276/2003 - reads the text of the agreement - and the expansion of public services that are a focal point of the reform of social safety nets in the sense proactive. The operation of public employment services will also be strengthened with the running of the system, the communication prior to recruitment and review of administrative procedures. " And again: "The procedures for transmission of data relevant to the overall management of the labor market among all the actors of the network of public services will be speeded up and simplified." As part of EU funding of PON - ESF will be found, finally, financial resources to implement those interventions. The protocol seems to hope to obtain greater cooperation between public and private stakeholders in the management of the placement (of course the only persons Members of the certification provision of unemployment, are the public ones), and the optimization of the information system. By virtue of this resolve to efficiency, will be fully set up of the stock market continues Nazionale del Lavoro (a network linking national information systems of the region and allows all players in the labor market, to talk)? Singular point of the third: "The active participation in the programs placement, the essential requirement of a policy of "welfare to work " (ALMP, ed), patterns can be supported by providing a "service agreement" to be concluded between the centers The use and people looking for work. " In this connection, it agree with the editorial in Job 24 ( de Il Sole 24 Ore ) of Wednesday, August 8, 2007, in which Walter Passerini said: "In a normal country must guarantee employment services public service. In Italy we call "covenant", a sign that there is still something wrong. "

Alessio Maniscalco