Work placement

The 1 May Decree sets a 12-month limit on the duration of extracurricular work placements

The amendment tabled by Luigi Marattin (Lib Dem) was included in the text that received the green light at first reading in the Chamber of Deputies

by Giorgio Pogliotti

 (AdobeStock)

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

The maximum total duration of extracurricular work placements for each group of companies has been set at 12 months.

The bill was approved by the Employment Committee during the process of passing it into law 1 May Decree which was subsequently given the green light at first reading by the Chamber of Deputies; The proposal bears the signature of Luigi Marattin (Libdem), who had announced the amendment to ‘prevent the abuse of extending extracurricular work placements’, and described its approval as ‘a first step against work placements being used as precarious employment’.

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It should be noted that, as part of efforts to combat bogus apprenticeships, in March 2024 the European Commission presented a proposal for an EU directive which is currently in the trilogue phase (negotiations between the Parliament, the Commission and the Council).

Extracurricular work placements are subject to specific regional regulations

Extracurricular work placements are governed by specific regional regulations. In the dossier accompanying the 1 May Decree, the Chamber’s experts emphasise that these placements are ‘training programmes aimed at career guidance and vocational training’, governed by Law 234 of 2021, which provided for the adoption, at the Permanent Conference, of an agreement to define new guidelines, which have not yet been adopted.

The individual regional regulations and the May 2017 Guidelines, which predate Law 23, therefore remain in force; these set the maximum duration of extracurricular work placements at 12 months, including extensions and renewals (24 months for people with disabilities), together with the quota limits for hosting trainees (defined on the basis of the number of fixed-term and permanent employees employed by the production unit), leaving it to the regional and autonomous provincial authorities to determine the number of placements that can be activated in proportion to the size of the host organisation’s operational unit.

The Constitutional Court’s ruling

The Constitutional Court, in subsequent rulings, has recognised the exclusive regional competence in matters of vocational training. Article 117 of the Constitution assigns the exclusive legislative competence of the State to the definition of general rules, whilst assigning concurrent competence to education, without prejudice to the autonomy of educational institutions and with the exclusion of education and vocational training (the latter being the exclusive competence of the regions).

In a number of judgments (including, amongst others, Judgment 50/2005), the Constitutional Court has clarified that ‘the exclusive competence of the Regions in the field of education and vocational training concerns public education and vocational training, which may be provided either in educational institutions designated for that purpose, or through facilities established by the individual Regions themselves in accordance with the specific characteristics of local circumstances, or in private bodies with which agreements are concluded’.

On this basis, the Constitutional Court has declared certain provisions of the law on extracurricular work placements to be unconstitutional on the grounds that they infringe upon the exclusive competence of the regions; for this reason, the Chamber’s legal experts have called for ‘the scope of this provision to be assessed in the light of the aforementioned ruling of the Constitutional Court’.

A profile of trainees and applicants

A report by Adapt highlights that 77% of work placements in Italia are aimed at young people under the age of 30, for whom the placement represents their first contact with the world of work in 41% of cases. Among under-30s in the 20–24 and 25–29 age groups, 91% fall into the category of unemployed/never-employed or recent graduates, whilst interns who have attained a tertiary qualification account for 25% of the total.

The same report highlights the ‘almost total absence’ of universities among the accredited bodies that are formally authorised to promote and organise work placements (by designing their content and structure, and ensuring the educational value of the experience), educational institutions which, thanks to their placement and career guidance services, could play a central role but instead account for only 3% of placements (in the 2020–2022 period, according to the latest ANPAL monitoring). Meanwhile, authorised intermediaries and public employment services together account for 55% of all placements.

Adapt: I am a low-cost alternative, without the protections of a proper contract

 As highlighted by INAPP, 31 days after the end of the programme, only 48.6% of participants go on to secure a job contract, a figure that rises to 58% for those with qualifications beyond a school-leaving certificate.

According to Adapt, extracurricular work placements have become an ‘inappropriate route into the labour market’; all too often, ‘they have been reduced to experiences with little educational value, used by companies to meet temporary labour needs, without offering any real prospects for professional development’, an “inexpensive and unprotected substitute for a proper work placement contract, which is currently lacking in our legal system following the repeal of the relevant contractual framework introduced by the Biagi Law”.

According to Adapt, this trend has ‘had a significant impact on apprenticeships, which remain underutilised to this day and suffer from unfair competition from a system that is simpler and less costly for businesses, but far less beneficial for young people’. For this reason, the president of the Adapt Foundation, Matteo Colombo, has proposed the abolition of extracurricular work placements, except for disadvantaged groups, ‘restoring the central role of work-study programmes and creating concrete opportunities for dual apprenticeships’.

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