Stability Law for the year 2011 (named after the traditional Budget Law) does not provide big news in terms of work: in particular the provisions that were approved are very limited and most of them concern the continuation for 2011 of past measures that otherwise would have expired.
are described, followed by the changes introduced or confirmed by the Law of Stability.
· social safety nets
, pending the reform of social safety nets, already in the pipeline taking into account the authority delegated to the Government by Law No 183/2010 for the reorganization plan and complexity of the matter, the law of stability for the 2011 refinancing social safety nets in derogation (Article 1, paragraph 30).
In detail, for the year 2010, is re-authorized the granting of mobility, income assistance and special unemployment and it is expected that in particular, on the basis of special government agreements, the Ministry of Labour to have, for periods not exceeding 12 months without interruption, notwithstanding the provision of treatments and extraordinary income assistance, special unemployment and mobility.
It confirms that reductions in the processing of the extensions, so that their amount is reduced
1. 10% in the case of the first extension;
2. of 30% for the second extension;
3. Up 40% in case of successive extensions.
addition, the processing of income support, in the case of the second successive extensions may be granted only if the frequency by workers involved in specific programs for reuse, also aimed at retraining, organized by the Region.
Paragraph 31, with the aim of identifying criteria for uniform access to all forms of income support, provides that admission to these treatments will be possible only for those who have matured, the date of commencement of treatment, some minimum requirements: in case of redundancy is required at least 90 days of seniority in the undertaking and, for the award of mobility, the presence of a contract of permanent employment and seniority minimum holding of 12 months, 6 of which actually worked.
is also confirmed and extended in 2011 with the provision falls seen in the previous calculation of seniority to be considered for the award of benefits, including the period of which might be carried out at the same company in the form of coordinated and continuous, and even after the project under of monocommissioning, with monthly contributions credited to the Separate Account at INPS.
· INCENTIVES TO BUSINESSES AND WORKERS
Among the incentives established for employers work, in paragraph 31 are reported to those recognized as a result of recruitment of staff from recipients of unemployment benefits notwithstanding, they have been fired or suspended for a partial or total cessation of activity or in case of bankruptcy. The incentive in question is equal to the monthly payments not yet received by the employee and is paid by INPS, or alternatively it is entitled in a lump sum even if the worker wishes to start their own business ventures, whether in the form of participation in cooperative work: in this case paragraph 33 provides the possibility of being paid in a lump sum on the treatment due to the number of months equal to those not yet received, but for a maximum of 12 months.
Other incentives for employers are confirmed and refinanced by paragraph 33, in particular:
1. The company will use its membership of staff recipient of the treatment of income support for projects involving training and retraining, selling himself recognized in his favor, the difference between the pay and treatment of income support;
2. companies will enjoy a tax contributions, equal to that provided for apprentices, when acting personale destinatario di disoccupazione non agricola o in stato di mobilità , che abbiano almeno 35 anni di anzianità contributiva e fino alla maturazione del diritto di pensionamento
3. Previsto per i datori di lavoro un incentivo pari all’indennità residua spettante al lavoratore, in caso di assunzione a tempo pieno ed indeterminato di lavoratori in disoccupazione ordinaria o disoccupazione nell’edilizia, a patto che non abbiano effettuato riduzioni di personale con la medesima qualifica nei 12 mesi precedenti o non abbiano in atto trattamenti di CIG straordinaria.
· solidarity contracts'
The contracts called for solidarity. defensive, aimed at addressing situations to reduce personnel in the event of economic crisis, the workers will pay partial integration of the salary lost as a result of the reduction and, for the benefit of the employer, a contributory benefit.
At paragraph 33 is confirmed the increase in the wage measure from 60 to 80% of salary lost, with the provision that the industrial sectors concerned are similar and those, being excluded from the list the publishers of newspapers, news agencies national circulation, as well as publishers and / or printing of newspapers periodicals.
With reference to the possibility of the companies to use the contracts of solidarity, the extension of paragraph 33, also in 2011, that opportunity to companies with fewer than 15 employees, provided that such action can be taken to avoid multiple redundancies individual objective justification.
· PENSIONS
New Law of stability are the provisions on effect of pensions.
Paragraph of Article 37. 1, changing the art. 12, paragraph 5 of Law 122/2010, is involved in derogation wing legislation, relating to extension of the intervention of the protection of income for the period of time necessary to achieve the commencement of the pension. In the scheme of the new custom window, which provides for opening new windows 12 months after the date of vesting for employees and the self-employed for 18 months of any administration, are not covered by those who meet the criteria for retirement and old age before 1 January 2011.
Among the categories exempted from this restriction as well as school staff and workers for which is less qualified for the title of the work, as well as redundancies in the banking and insurance, are also covered by workers on the move short or long agreements with by April 30, 2010, provided that such request is a limit of 10,000. With the amendments made by paragraph 37, and especially for those who do not fall within the limit of 10,000, is expected to extend the protection of income for the period of time needed to reach the commencement of the pension under the new criteria. This extension snaps in practice for a period not exceeding that between the old and the new window.
· OTHER EXTENSIONS
The Law of stability and proposes other extensions in different subjects. Including:
1. the opportunity for businesses to trade and tourism and travel agencies and tour operators with fewer than 200 employees, but with more than 50 and for security firms with more than 15 employees to have access to extraordinary redundancy fund and mobility;
2. for workers fired for just cause objects to companies with fewer than 16 employees may enroll upon request lists of mobility, without financial support, but with the ability to be promoted in reuse, the remaining valid for tax relief ; new employers;
3. for workers who are not eligible for mobility, the possibility of obtaining equivalent treatment to the mobility within the resources allocated to social security benefits notwithstanding, and with recognition of notional contribution for a period equivalent to the ordinary perception of unemployment (8 months for those under the age of 50 years, 12 months over 50 years).
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