Coem usual I have to hack into a full article, which among seven gionri no longer visible :-( and bad news perilous.
Massimo Roccella
Injustice is done
Parliament approved the "related work" the law that Napolitano had sent to the Chambers
Against of a social situation of extreme gravity (rising unemployment, declining real incomes), the government and the majority have returned to raise issues in terms of work in their more usual: with the final approval of a law that will bring new elements and severe imbalance between firms and workers, to the detriment of the latter. After being returned to the rooms by the President of the Republic, the notorious Linked work is now ready to deploy its effects. Compared to the initial version of the text shows some improvement, which, however, does not prevent you grasp the basic objective, identified in an attempt to circumscribe the space of ordinary jurisdiction, making for workers more difficult and uncertain the opportunity to assert in court of violating their rights.
remains true, however, that this objective is pursued with rules of varying degrees of dangerousness. The new rules of certification of employment contracts, which has caused many alarms, is, in hindsight, nothing but a trial balloon. Once the court is satisfied that the contract of employment certificate, the parties wanted to include clauses which conflict with mandatory law and collective agreement, in fact, nothing will prevent him from declaring the resulting void, or he may feel forced to consider a legitimate dismissal for the mere fact that the contract collective or, worse still, the individual contract certificate to be considered as just cause or justifiable reason will mean significant fraction of (a delay of a few minutes to appear on the job, for example, remains a limited survey of behavior specification certificate that no contract may legitimately fall within the definition of legal cause or justification).
The new arbitration rules of fairness (which, according to initial plans, was intended to radically destabilize the system of labor law, legitimizing the arbitrators to decide according to their own, subjective criteria of justice and what is most important without take account of mandatory law and collective agreement) was significantly weakened. The agreement between the parties (or the arbitration clause), which is a prerequisite to the arbitration, shall not relate to disputes relating to dismissal. Secondly it was stated that the arbitration panel, as equity, must be judged not just in compliance with the general principles of, but also the regulatory principles of matter, including the character known to be part of the standard normally mandatory law and labor law clauses in collective agreements. The place of arbitration of fairness would seem to bare bones. This does not remains that, on such a sensitive matter, rules are written and confused mess, harbingers of an infinite number of disputes in interpretation and implementation, which would harm workers, but, in hindsight, the same companies. Nor can we fail to mention that not enough has been established that the arbitration clause can not be concluded before the end of the probationary period, if any, or at least thirty days after the award of the contract in all other cases, to be substantially less than the character binding arbitration, which continues to make the discipline strongly suspected of unconstitutionality. Only in the abstract and formalistic reasoning, in fact, one could argue that in initial phase of the relationship workers (especially those in small companies and made precarious contracts) could freely express their consent to the surrender to the ordinary justice in favor of the arbitration.
The most dangerous provisions, including their operational status immediately (those requiring the prior arbitration agreement reached between the social partners) are compared to those which make drastic limitation of the ability to sue. Did not get any play the objection that the rule, which requires temporary workers (a term, temporary, project) to observe a brief period of sixty days to challenge the legality of the termination of his employment contract, in practice will result in an amnesty prior abuse: given the notorious reluctance of these workers to take action promptly, hoping not to undermine a new appointment. The most unacceptable aspect of the new rules still has to be seen in the flat rate of compensation payable to a worker who has been accorded the illegality of the term applied to the employment contract. To date, the compensation was found to be fully briefed on the salaries lost as a result of the unlawful termination of employment, from now on will be settled with a minimum of 2.5 and a maximum of 12 months 'pay, regardless of' entity the actual damage that, for the duration of the process, could even be larger. The constitutional principle of equality and due process that have been cornered in one fell swoop. The Connected
work now will be a double test. Looking ahead to the opposition, which, after having repeatedly questioned the content, will demonstrate its consistency, taking unequivocal abrogation commitments under the plan which will be presented at the next elections (prepaid or not). Immediately to Confindustria, CISL and UIL, if they, despite the well-known opposition of the CGIL, had to insist on arbitration of fairness, proceeding to the conclusion of prefigured by the law, it goes without saying that this would be a further blow to the possibility of mending the relationship between trade unions, which lack credibility, at the same time, the declared intention to involve the most representative union in a new social pact.
TO 15 YEARS TO WORK
The law also enshrines the end of compulsory schooling to 16 years. Is introduced in fact an opportunity to fulfill the final year of school with an apprenticeship contract.
Il Manifesto, Friday, October 22, 2010
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