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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