Voting 8 and 9 June

Referendum: here are the five questions on Jobs act and citizenship

Four on labour, for which more than 4 million signatures were collected, and one on citizenship, for which 637,000 signatures were collected

by Nicoletta Cottone

Referendum, Magi: "Governo ha scelto data più sfavorevole perché ha paura"

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On 8 and 9 June, citizens are called to the polls to vote on five abrogative referendums on labour and citizenship promoted by trade unions and associations. For the Constitutional Court, four referendum questions on labour, for which more than 4 million signatures were collected, and the referendum on citizenship, for which 637,000 signatures were collected, were considered admissible. Here, in detail, are the questions and a summary of what they provide for.

1. Stop unlawful dismissals: the text of the first question and what it provides

The first of the four labour referendums focuses on the repeal of the redundancy rules of the Jobs Act's 'contract with increasing protections'. In companies with more than 15 employees, workers hired on or after 7 March 2015 cannot return to their jobs after an unlawful dismissal. The legislation prevents reinstatement even if the judge declares the termination unfair and unfounded.

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"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?"

2. Protection for workers in small enterprises

The second labour referendum question concerns the cancellation of the ceiling on compensation in dismissals in small companies. In companies with fewer than 16 employees, in the event of unlawful dismissal, a worker can now have a maximum of six months' compensation, even if the judge deems the termination to be unfounded.

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"?

3. Fixed-term contracts

The third labour question aims at the elimination of certain rules on the use of fixed-term contracts. Fixed-term relationships can now be established for up to 12 months without the obligation to provide a reason for the temporary work.

"Would you like 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 paragraph a), in the collective agreements applied in the company, and in any case by 31 December 2025, 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 period is exceeded"; paragraph 4, limited to the words ", in the event of renewal," and to the words "only when the overall period exceeds twelve months"; Article 21, paragraph 01, limited to the words "freely in the first twelve months and, thereafter,"?"

4. Safety at work

The fourth labour referendum question deals with occupational health and safety. The current rules prevent liability being extended to the contractor in the case of accidents in contracts. The question seeks to extend liability to the contracting contractor.

"Do you want the repeal of Article 26, paragraph 4, of Legislative Decree No. 81 of 9 April 2008, on "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 resulting from the specific risks inherent in the activity of contractors or subcontractors."?

5. Granting of Italian citizenship

The fifth abrogative referendum seeks to halve from 10 to 5 years the period of legal residence in Italy useful for applying for Italian citizenship, restoring a requirement introduced in 1865 and unchanged until 1992. The referendum calls for the amendment of Article 9 of Law 91 of 1992, which increased the period of uninterrupted legal residence in Italy useful for the submission of an application for the granting of citizenship by adults.

"Do you wish to repeal Article 9, paragraph 1, letter b), limited to the words "adopted by an Italian citizen" and "subsequent to adoption"; as well as letter f), containing the following provision: "(f) a foreigner who has been residing legally for at least ten years in the territory of the Republic", of Law No. 91 of 5 February 1992, containing new provisions on nationality?"

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