Source Comedonchisciotte.it
the evening of October 19, after just two days of debate, the House approved without further changes to the notorious "related work ", aka Bill 1167, aka Bill 1441 (depending on the branch of Parliament). The bill then finally ends its long gestation in signing this time mandatory, the President of the Republic, and will enter into force by return. Curiously, no newspaper devotes space to the issue these days, which is also bound to have many more effects for many more Italians than the Lodo Alfano raging on TV and newspapers. What effects? Let's see.
Certification of contracts and arbitration clauses
and strengthen the practice, already provided by the "Biagi Law" but until now virtually unused, certification of contracts. In practice the parties may request that a special committee sure, even in advance that the content of the employment contract corresponds to the real nature of the relationship, with the consent of the employer and employee. As the worker is really spontaneously agree and not constrained by the need to obtain or keep their jobs, there is no need to explain it. The organization of these committees is not a case is entrusted to the powerful lobby of recruitment consultants, who will have "responsibility for coordination and supervision for the organizational aspects of" the foxes that control the organization of the chicken coops.
But not only can be certified in the same way that the arbitration clauses shares (again, read: the employer) will ask you to insert in the contract at the end of the probationary period or, in the absence of proof, after 30 days of the report. Consist of binding arbitration clauses in the commitment of the parties (here read: employee) to resign prior to appeal to the Court for any disputes related to the employment relationship. To safeguard their rights, when violated, so workers will have to go by private arbitrators, not judges, all with different consequences to their disadvantage: higher costs and to anticipate at least in part, minor procedural safeguards, especially the possibility for arbitrators to resolve the dispute "in fairness", and therefore at variance with the law and collective agreements.
If nothing else, the law provides that the arbitration clause may not apply to disputes concerning termination of the employment contract. It is thus thwarted, this time, any threat to the art. 18 of the Statute, a sign that the protests last spring were used to something.
Certainly, however, lives on another planet (the planet Confindustria perhaps) the Secretary of the ICFTU Bonanni who said that the arbitration clauses are fine, since even the employees may choose whether to accept or not. As if it were a "choice" that made the gun to his head!
more precarious by law
The new law introduces the cases of dismissal for a new burden on the fired: no longer enough to appeal the dismissal within 60 days, but also on the nine months after the appeal is lodged with the Court. So far, after all, nothing tragic.
Tragedy strikes but all types of temporary workers: a term, "interim" (technically: in administration), project, etc. .. If they want to challenge their contract for hiring a permanent basis, in fact, must decide to do so within 60 days after the termination.
is all too easy to imagine the doubts Hamlet who lives under the constant renewal of blackmail: "If I did not avoid the contract as renewed, but if they do not renew the same and while I can not hold it?"
Warning! The rule comes into effect immediately for all, applies to contracts in progress and even to those already expired (in this case 60 days after the entry into force of the Act).
Not only that, the same lapse, with similar consequences precarizzanti also apply to the transfer case (to be contested within 60 days of of transfer), the transfer of undertakings (60 days after transfer) contracts simulated (the huge galaxy of cooperatives).
The icing on the cake is the rule which provides, even if a worker is lucky to be able to obtain the conversion of temporary contracts into permanent contracts, a cap on the maximum compensation that the employer can be sentenced to pay. No matter how long the worker has been unemployed because of the unlawful conduct of the master, the maximum compensation shall be twelve months' salary. The icing on the icing is that the latter rule also applies to pending cases.
E adesso?
Fa specie che l’approvazione del disegno di legge sia rimasta praticamente sotto silenzio, mentre l’attenzione pubblica è distratta da specchietti per le allodole come il Lodo Alfano (vero, il Lodo Alfano è una porcheria, ma le priorità sono decisamente altre).
La prima necessità è che chi viene colpito dalla controriforma – tutti i lavoratori, e in particolar modo quelli precari – conosca la situazione: è indispensabile creare e diffondere informazione, con qualsiasi mezzo, da un lato per poter far valere i propri diritti in via individuale, dall’altro to organize a successful campaign.
Effective measures the height of the violence with which the employers try to evade the rights, will not go to the Constitutional Court, as appears to ask the Democratic Party. The Constitutional Court (which surely will intervene anyway, regardless of any mobilization) can polish some aspects of the harsh, but it certainly will not substantially change the system of the law is good right now not to place any hope in the courts or in any other deus ex machina.
Only the mobilization of workers, stable and unstable, it can shift gears of class forces, especially if it can connect to the struggles of students (the precarious today and tomorrow) and above all fit into the path initiated by FIOM and the many workers to the streets last October 16: the general strike announced acquires additional importance and must be only the first step.
Alessandro Villari
* Source: www.carmillaonline.com
Link: http://www.carmillaonline.com/archives / 2010/10/003664.html
28.10.2010
* [Alessandro Villari is a lawyer working in Milan. He has his own website, Avvocatolaser ( http://www.avvocatolaser.net/ ), from which it was derived, with some modifications by the author, this action.]
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