Le più grandi sciagure dell’umanità sono state originate da chi ha voluto semplificare la vita pianificando il mondo.

Giovannino Guareschi

lunedì 26 marzo 2012

Translation of the post of March 25

The return of Fantozzi

Punctual to the term that was given, the Government filed this week the Italians the reform of the labor market. The text in question, available on the website of the Ministry of Labour (find the link in the "documents" of the blog) consists of 26 pages. After having carefully read, try to make some considerations.
The first is general and is a question: it was really necessary to reform the labor market in this historical moment in Italy? And this government "technical" has had enough time to study, analyze and discuss the issue with all relevant interested parties (parties, unions, business organizations)? In our opinion, a reform of this magnitude and complexity deserved more attention and consideration by the Government, especially after it was reformed so decided the other pillar attached, the pension that has moved forward at least five years of the right retirement of hundreds of thousands of people who were already very close to retirement age and the age of ten years to retire younger. The reform of the labor market is certainly not a taboo, but now more than reform a matter relating to a commodity even more "rare", perhaps seems more urgent to study and invent new solutions that help create new jobs and new employment in Italy , not in Serbia or Poland, not in China or Brazil, but in Campania and Calabria.

We reach the 26 short pages of text approved by the government, divided into three parts. The first, which would reform the entry into the world of work and then focus on young people, in my opinion disappoint. The intention expressed by the government, should contribute to a greater stabilization of youth employment by shifting the balance, finally, to the open-ended contracts. In fact, reading the contents of the document, it seems to me that this is all going to prove and a lot will depend on the checks that will be implemented to verify the correct behavior and application of new rules by the companies. My impression is that, until the work is a rare commodity, the knife by the handle will have the companies, not the young people seeking employment.

And now we come to the second part, the one about "flexibility in output and worker protection" as the text. Here the discipline is more linear and it soon becomes clear that the goal puts the government. In the case of layoffs or economic objective, the text reads: "if it finds the absence of just cause alleged, the judge declares the employment relationship for the payment in favor of the employee, inclusive of compensation for damages, which may be modulated by the court between 3:27 p.m. months' salary, taking into account various criteria. "So no right to reinstatement of employment. In addition, to accelerate the resolution of disputes concerning the dismissal, the Government proposes, in consultation with the Ministry of Justice, to introduce a special ritual dedicated to these disputes, so that the employee will be fired immediately sop cheaper, but not more work and the companies that have fired the employee for objective reasons, can quickly close the file. For other causes for dismissal, and the subjective ones discriminatory / disciplinary, nothing changes. But it is clear to everyone that will look good from a company you cite as a reason for dismissal or discrimination subjective reason. The burden of proof is on the weaker party, ie the worker. I do not think there is more to be added.

The text continues with a third party concerning the reform of the instruments relating to social safety nets, but here you get into a great technical challenge that frankly leads us to suspend judgment, apart from that of a general nature. Support for workers who have lost their jobs, especially older ones, but have not yet become entitled to a pension should guarantee it. But we would also ensure new job opportunities, exploiting the experience accumulated over the years by these workers. In this field it seems to me that the regions and municipalities can play a decisive role by having a detailed knowledge of what it can offer its own territory in terms of developing new businesses.

The paper concludes with statements of principle concerning the right to work for the disabled, the contrast of irregular employment of immigrants, active labor market policies and employment services, but they are all theoretical statements, which must then be implemented in subsequent legislation. Overall, apart from the radical amendment of Article 18 of the Workers' Statute, we do not think I see in the document significant innovations in the field of labor. Think (but I'd say hope) that this reform, as set, will get a boost development and economic recovery seems unreal.What are the consequences we will face if he spends a formulation of Article 18 so conceived? The failure to protect the employee's dismissal objectively, that any company can easily rely on creating an ad hoc business crisis "driven" to demonstrate that the layoffs are needed to prevent the transfer abroad or to close the plant, will bring a worsening of conditions of employees. This is easy to see, if companies are to increase the bargaining power than workers, they will suffer a decrease in perspective in terms of rights, safeguards, safety devices and is also conceivable in terms of wage increases. But this, apparently not considered by the Government, does not benefit the companies that will have a workforce less and less motivated and proactive whereas the winning companies, the market leader as they say, in all countries of the world, have in the "wellness" in the broadest sense of its staff and winning a strategic weapon.For now I'll stop here.

Many other considerations are that you could do and we have already partly addressed in the pages of this blog. The road to reform, thankfully, is still long before it becomes law in the State Parliament and therefore we will have other opportunities to address the issue in the coming weeks.One last curiosity. What would Fantozzi said to Mega Super Mario Monti Head of Government on the reform of the labor market?

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