Signatures filed with the Supreme Court

Here is what the four CGIL referendums on labour provide for

The union wants to repeal the redundancy rules of the Jobs act, the rules that liberalised fixed-term contracts and limit joint and several liability in contracts in the event of an accident

by Giorgio Pogliotti

Referendum Lavoro, la Cgil consegna 4 mln di firme in Cassazione. Landini: "Per i diritti di tutti"

4' min read

4' min read

The CGIL collected four million signatures for four referendums abrogating labour laws that it filed with the Court of Cassation in Rome. A delegation led by general secretary Maurizio Landini showed up with three vans and 1,036 boxes.

Let's try to explain specifically what the four questions, which were published in the Official Gazette General Series No. 87 of 13-4-2024, contain

Loading...

The first question: in the crosshairs are the firing rules of the Jobs Act's 'increasing protection' contract

.

The CGIL proposes to repeal the rules of the Jobs Act that introduced the contract with increasing protections, namely Legislative Decree No. 23 of 4 March 2015, and prevent reinstatement in the workplace in the case of unjustified dismissals of workers hired after March 2015.

Therefore, it is requested to eliminate the differentiation in the treatment in the event of unjustified dismissal of workers in companies with more than 15 employees who, regardless of the date of employment, are covered by Article 18 of the Workers' Statute, which was then amended by the Fornero law and redefined by the jurisprudence on the merits.

It should be noted, however, that in the opinion of several labour lawyers, the question of inadmissibility hangs over this question, since the reference standard that is to be repealed has changed after the Constitutional Court rulings 128 and 129 of 2024.

"Do you want the repeal of Legislative Decree No 23 of 4 March 2015, containing 'Provisions on open-ended employment contracts with increasing protections, implementing Law No 183 of 10 December 2014' in its entirety?"

The second question: remove statutory cap on compensation in SME dismissals

The CGIL proposes the repeal of the compensation ceiling set by law for unjustified dismissals in small and medium-sized enterprises. Therefore, if the referendum passes, this limit set by law would be abolished and the quantum would be left to the judge.

108, limited to the words: "between one", to the words "and a maximum of 6" and to the words "The maximum amount of the aforesaid indemnity may be increased up to 10 months' salary for employees with more than 10 years' seniority and up to 14 months' salary for employees with more than 20 years' seniority, if employed by an employer who employs more than 15 workers"?".

The third question: tightening of fixed-term contracts

The CGIL proposes abolishing the rules that liberalised fixed-term contracts by introducing specific reasons also for a contract with a duration of less than 12 months, as well as for renewals and extensions. Currently, no reasons are needed for fixed-term contracts with a duration of up to 12 months. The consequence, if the referendum question passes, is that fixed-term contracts can only be concluded for replacement or if it is a possibility provided for in the relevant collective labour agreement.

"Do you want the repeal of Article 19 of Legislative Decree No 81 of 15 June 2015 on "Organic regulation of employment contracts and revision of the regulations on tasks, pursuant to Article 1, paragraph 7, of Law No 183 of 10 December 2014", paragraph 1, limited to the words "not exceeding twelve months. The contract may have a longer duration, but in any case", to the words "in the presence of at least one of the following conditions", to the words "in the absence of the provisions referred to in subparagraph a), in the collective agreements applied in the company, and in any case by 31 December 2024, for needs of a technical, organisational and productive nature identified by the parties;" and to the words "bis)"; paragraph 1 -bis , limited to the words "lasting more than twelve months" and to the words "from the date on which the twelve-month term is exceeded"; paragraph 4, limited to the words ", in the event of renewal," and to the words "only when the overall term exceeds twelve months"; Article 21, paragraph 01, limited to the words "freely in the first twelve months and, thereafter"?"

The fourth question on procurement

.

The fourth question, on the other hand, relates to the subject of contracts, with the repeal of the rules referring to differential damage resulting from accidents that exclude the joint and several liability of the principal in contracts and subcontracts. In essence, the current legislation excludes the joint and several liability of the principal for accidents at work related to the specific production activity of the contractor, both in contracts and subcontracts. Therefore, the principal in the face of this type of accident is freed from joint and several liability under the current legislation.

If the referendum proposed by the CGIL were to pass, de facto joint and several liability of the contracting company would be recognised for all types of accidents in contracts and subcontracts.

"Do you wish the repeal of Article 26, paragraph 4, of Legislative Decree No 81 of 9 April 2008, concerning the "Implementation of Article 1 of Law No 123 of 3 August 2007 on the protection of health and safety in the workplace" as amended by Article 16 of Legislative Decree No 106 of 3 August 2009, by Article 32 of Decree-Law No. 69, converted with amendments by Law No. 98 of 9 August 2013, as well as by Article 13 of Decree-Law No. 146 of 21 October 2021, converted with amendments by Law No. 215 of 17 December 2021, limited to the words "The provisions of this paragraph shall not apply to damages as a consequence of the specific risks peculiar to the activity of contractors or subcontractors"?"

Copyright reserved ©
Loading...

Brand connect

Loading...

Newsletter

Notizie e approfondimenti sugli avvenimenti politici, economici e finanziari.

Iscriviti