Referendum, question by question what changes if the yes vote wins

On Sunday 8 June and Monday 9 June, Italian citizens are called upon to vote on the five referendums approved in January by the Constitutional Court. Four - proposed by the CGIL - concern the labour issue, and in particular the repeal of some parts of the Jobs Act. One question, on the other hand, is on the issue of citizenship, and was proposed by +Europa. If there is no quorum (50%+1 of those eligible), the referendum is invalid. But what happens if the quorum is reached with a yes vote?

The first question (green ballot) proposes the repeal of the rules of the Jobs act's implementing decree (Legislative Decree no. 23 of 2015) that introduced the crescent-protection contract, which, in the case of illegitimate dismissal, significantly reduced the possibility of being reinstated in the workplace for workers hired after 7 March 2015 in companies with more than 15 employees. The payment of compensation replaces reintegration. If the yes vote wins, Legislative Decree No. 23/2015 is repealed and we return to the discipline contained in the 2012 Fornero law that amended Article 18 of the Workers' Statute. For unjustified dismissals sanctioned with compensation, the minimum limit of Article 18 as amended by the Fornero law is 12 monthly salaries, higher than the 6 monthly salaries of the Jobs act, but the maximum limit is lower, being 24 monthly salaries against the current 36 monthly salaries. In collective dismissals, if the selection criteria are violated, those hired after 7 March 2015 would also be entitled to reinstatement.

The second referendum question (orange ballot) proposes abolishing the upper limit of the compensation provided for by law No. 604 of 1966, amended by law No. 108/1990, for workers in so-called 'small enterprises' with up to 15 employees. By eliminating the six-month ceiling, the referendum allows the judge to set a higher indemnity. If the 'yes' vote wins, the maximum threshold of compensation set by the law would be eliminated, only the minimum threshold of 2.5 months' salary would remain, and the amount of compensation in small enterprises would be left to the judge who could, in defining the quantum, consider elements such as length of service, number of employees, and the size of the enterprise.

The third referendum (grey ballot) concerns fixed-term contracts. The question promoted by the CGIL calls for the repeal of the rules that have liberalised fixed-term contracts, proposing the introduction of a specific legal reason for fixed-term contracts lasting less than twelve months. If the 'yes' vote were to win, the obligation of a reason for employment contracts of more than one year would be extended to all fixed-term contracts, even up to 12 months. In order to conclude a fixed-term contract of any duration, it would be necessary to use the only legal reason provided for, which is the replacement of absent workers, or the provisions of collective agreements. In the presence of a peak in activity, one would not be able to enter into a fixed-term contract, unless it was a case provided for in the collective agreement. It should be noted that the causal clauses were repealed for the first 12 months because they had increased litigation.

The fourth question concerns contracts (red tab). It calls for the repeal of the rules that exclude the joint and several liability of the commissioning company for compensation for damages in the event of accidents resulting from the specific risks inherent in the activity of contractors or subcontractors. The referendum proposes the repeal of Article 26, paragraph 4 of the Consolidation Act on health and safety at work (Legislative Decree 81/2008). In the event of a 'yes' vote in the referendum, the commissioning company would also be jointly and severally liable for compensation for damages in the event of accidents resulting from the specific risks inherent in the activities of contractors or subcontractors