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From expired contracts to Tec: here are the latest changes to the 1 May decree. Confidence placed

The reference to the equivalence of minor contracts is dropped. News also on staff leasing and traineeships

by Giorgio Pogliotti and Claudio Tucci

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

In order to facilitate the timely closure of national contracts, in the event of non-renewal within the first nine months of the natural expiry date, in the absence of different contractual agreements, by way of a lump-sum advance payment, salaries are adjusted to 50% of the change in the HICP-NEI (harmonised consumer price index net of imported energy goods). In sectors characterised by high seasonality and revenue variability - such as tourism - and in those that provide health and socio-health services at the expense and on behalf of the SSN, the amount is determined by collective bargaining and may not exceed 50 per cent.

Green light from the Labour Commission

The House Labour Committee yesterday closed its examination of the decree of 1 May, mandating the rapporteurs to report this morning in the House on the text of the measure, which raised the lump-sum advance for expired contracts from 30% to 50%, by accepting an amendment by the rapporteurs - Walter Rizzetto (the committee chairman, Fdi), Tiziana Nisini (Lega), and Chiara Tenerini (Fi) - which reformulates the proposal by the undersecretary for labour Claudio Durigon (which, however, envisaged retroactivity, which was skipped). The same amendment provides that the parties, in the exercise of their contractual autonomy, shall provide for appropriate procedures to ensure the regularity of renewals and mechanisms to ensure adequate economic coverage in the contractual vacancy, taking as a reference the date of natural expiry of the previous contract.

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Having begun its examination in the House of Representatives, Luca Ciriani, the Minister for Relations with Parliament, has put the confidence question on the measure in the Chamber. Voting will take place in tomorrow's sitting, 10 June, from 12 noon, after the explanations of vote, which will take place from 10.20 a.m.

The new definition of Tec

Another amendment by the rapporteurs has been approved, which has been reworded, blowing up a part that had provoked the harsh reactions of CGIL, CISL and UIL. Therefore, the definition of the fair wage is confirmed, identified in the Overall Economic Treatment (TEC) of the leading contracts that must be applied in order to have access to the benefits of the law: it is composed of the 'direct, indirect and deferred fixed and continuous remuneration items defined in the contracts, including additional monthly payments and fixed and continuous allowances', as well as the 'contractual welfare benefits recognised to the generality of employees and institutes or allowances with an economic value defined by the collective agreement, excluding discretionary and variable remuneration items recognised to individual employees. Gone is the (disputed) reference to equivalence for collective bargaining agreements signed by minor unions if they comply with the leading collective bargaining agreements' TEC, as well as the Durigon amendment on the termination of effectiveness of collective bargaining agreements not renewed for a period of more than six years.

The news on staff leasing

With regard to staff leasing, a majority amendment was approved: a worker hired on an indefinite-term basis by the employment agency may be sent on a fixed-term mission, to the same user, to perform tasks attributable to the same level and the same category for a total period of 36 months, even if not continuous and in addition to the 24 months (unless the user's collective labour agreement provides for a different limit).

The other modifications

Also approved was the League's amendment reformulating the bill presented by Alberto Gusmeroli to allow, on an experimental basis until 31 December 2029, the secondment, subject to trade union agreement, of workers receiving social security benefits even between companies in different sectors, aimed at 'safeguarding employment levels or continuity of production'. The go-ahead was also given to Luigi Marattin's (Liberal Democratic Party) amendment to set the maximum total duration of extracurricular traineeships within companies belonging to the same group at 12 months. Rizzetto's amendment on the contribution (130,000 euro in 2027 and 260,000 euro from 2028) to the Federation of Masters of Labour to promote, among other things, safety in the workplace and orientation of young people to training and professional paths was accepted. On the other hand, the change to complex industrial crises, to curb relocations, was skipped (the rule will be resubmitted in an ad hoc measure).

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