The Jobs Act, which, as is well known, introduces contracts with increasing protections, has been in force since the beginning of March.
This text, also available for download as a flyer, is intended for workers who will be hired under the new contract with increasing protections.
The text illustrates the characteristics of the new contract and highlights the role played by CISL in improving the final text of the legislative decree that introduced it.
We ask that it be disseminated in the workplace in order to offer the workers involved, who will be mostly young, elements of knowledge and clarity.
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Dear worker,
If you have been hired or are about to be hired under the new contract with increasing protections introduced by the Jobs Act, you should first know that it is a permanent contract, i.e., a contract that has no expiration date, which the employer can terminate only for specific disciplinary or financial reasons.
This has always been the case with permanent contracts, and this is also the case with permanent contracts with increasing protections.
Furthermore, the collective bargaining agreement will apply to you, not only the national one but also the company-wide one your company may have adopted, for both the financial and regulatory aspects. You will therefore be entitled to the contractually agreed-upon wage, any other benefits provided, as well as the same rights and protections afforded to other workers, such as meal vouchers, canteen (if applicable), and contractual welfare provisions such as any health insurance, etc.
The only difference compared to the permanent contract you're used to (or perhaps you're not familiar with because you've only had temporary contracts so far, but at least you've heard about them) is the penalty imposed on the employer in the event of unfair dismissal.
If your employer were to fire you one day for some disciplinary misconduct you did not commit, in the event of a legal appeal, they would be ordered to reinstate you, as is the case with a normal permanent contract, and to pay you compensation not exceeding 12 months' salary.
If, however, you have committed a disciplinary offence, but the judge still deems your dismissal unfair, you will not be reinstated. Instead, your employer will have to pay you compensation, the amount of which increases with your seniority (here are the increasing protections), equal to two months' final salary for each year of service, but no less than four months' salary and no more than 24 months' salary. The same applies to dismissals for economic reasons.
It's true that the decree's wording risks all disciplinary misconduct, provided it has actually been committed, being treated equally, regardless of its actual severity. Dismissal may also be triggered for less serious misconduct, without the possibility of reinstatement. However, you should be aware that national collective bargaining agreements contain a disciplinary code that regulates the correspondence between misconduct and sanctions. The CISL (Italian Confederation of Labour) is already working to better structure this code in the agreements, and CISL delegates and workers in the workplace will work to implement appropriate improvements.
Having clarified this, there is no other difference compared to the permanent contract, simply because the contract with increasing protections is a permanent contract, with all the rights and protections that entail.
This, in addition to giving you peace of mind about the stability of your job, will also provide peace of mind to the bank from which you may wish to apply for a loan or mortgage: your employment contract and your pay slip will also guarantee the bank, unlike an unstable contract.
As the CISL union, we fought to eliminate some dangerous aspects from the final text of the decree regulating the new contract with increasing protections, such as the possibility of dismissal for poor performance or for non-existent facts, which would have given the employer unfair recourse. And we succeeded!
We will now continue with seriousness and commitment, hopefully with your contribution, to create increasingly dignified working conditions.
For any clarification, doubt, or need, please contact the CISL representative at your workplace, the CISL union representative, or our local offices, who are always available to support you.
