Jobs Act: the new discipline of duties
WRITTEN BY THE DAILY LEGAL
At the sitting of 20 February 2015 the Council of Ministers has launched, definitively, the first two legislative decrees implementing the Jobs Act (ie the law no. 183 of 2014). One concerns the labor contract indefinitely increasing protections and then the reform of the protections in case of unfair dismissal. The other relates to social safety nets. Moreover, the government approved at the outset, the draft decree containing the reordering of contract types and operating a radical reformulation of art. 2103 of the Civil Code regarding duties , as required by the delegations present in the same Jobs Act.
Here it seems useful to examine precisely the aspect relating to the revision of the rules of the tasks that is extremely deep and all in the direction of extending the functional flexibility of the workforce.
E ‘removed the limit on the unilateral power of the employer to change the worker’s duties consists of the notion of “equivalence” .
If the new text will be confirmed at the time of final approval, after the necessary transition from the parliamentary committees, the employee may be employed on all tasks “related to the same level of classification of the last actually performed” .
So, the only legitimate arbiter of the extension of the so-called horizontal mobility or profession or the functional flexibility of the worker will be the collective bargaining through the construction of scales and their professional level of employment.
Moreover, “in case of change of the organizational business affecting the position of the worker the same can be assigned to tasks that belong to the lower level of classification . “
Thanks to this new provision is recognized to the employer an extremely broad power to move the worker to lower duties .
The only limits to this faculty are represented by the ” preservation of the level of classification and salary in enjoyment , except for the elements of remuneration linked to specific modalities of the previous work performance “; as well as the duty to accompany the change of duties with special training , even if the failure to comply with this requirement shall not affect the validity of the assignment of new duties.
The provision, then, states that ” further assumptions assignment of tasks belonging to the lower level of classification may be provided for by collective agreements, including company , signed by trade unions comparatively representative at national level. “
Even here, however, must be respected the same guarantees established for the case of adaptation as lower duties entrusted to the exclusive choice of employer. In these two cases the allocation of tasks is lower than character tend temporary .
While this shift may become final by signing pacts individual “assisted” (and then entered into the appropriate locations identified from the utterance) based on three assumptions:
1) ” in the interest of the worker to the preservation of employment “, ie to avoid dismissal;
2) that is always in the interest of the worker ” acquisition of a different professional “;
3) or ” the improvement of living conditions . “
In all three of these hypotheses the modification, in addition to the tasks, may relate to the “management level” and the “relative pay.”
The news article. 2103 cc also touches assignment to higher duties .
Here are three novelties:
– The first is that it lengthened the time frame over which becomes final assignment to higher duties: three to six months;
– The second is that collective bargaining is enabled to further extend the said period ;
– The third is that in any case the adaptation as higher duties becomes final “unless a different intention of the worker” .
Which begs the question to seek confirmation of what the real intention of the latter and is not constrained by the superiority of contract by the employer.
In conclusion we can say that it overturned the optics of the old art. 2103 cc
The novella sacrifices the need to protect the professionalism of the worker in the face of demands for greater flexibility on the part of firms.
Only its practical application will be able to check their desired outcomes. We must see that if innovation prepared by the legislature will help or not to an increase of the competitive ability of the business system and then it will be able to promote a rise in employment.
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(Draft legislative decree 02/20/2015 Types of contracts and review of the discipline of the tasks)