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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