The institution of the forward contract has been modified by the recent legislative action and today is characterized by four new conditions would lead to the conclusion of the Contract:
1) the term of the appositive clause is inserted in the act writing, which must explicitly invoke the rights of way.
However, please note that the system of causal does not disappear completely as art. 10, paragraph 7, of the d. lgs. n. 368/2001 continues to provide for the exclusion from the limits of any arrangements for some of them, most notably the right replacement and one referring to the season.
In this regard it may be noted that sometimes the employer has an interest in writing to indicate a causal substitution in the act, because this allows some advantages:
a) non-calculation of these contracts;
b) exclusion from the computation of the contribution of 1.4%;
c) achieve remission of 50% for the hiring to replace workers on maternity leave, in the case of companies with fewer than 20 employees.
2) the duration of the contract can not exceed 36 months;
3) the total number of forward contracts entered into by each employer shall not exceed the limit of 20% of the number of permanent employees on the basis of January 1 of the year of recruitment and in case of breach apply administrative sanctions introduced by the above paragraph 4f art. 5 of Legislative Decree no. No. 368/2001;
4) do not move to the prohibition in art. 3.
The extensions of the same contract when the original contract is less than three years shall be allowed at a maximum of five in the 36-month period provided that refer to the same work for which the contract has been made for a determined (Article 4). With that you can lean in the sense that the employee could instead take a more long-term contract has as its object the same tasks than the previous year.
The new legislative framework with the time limits and quantities indicated, however, continues to report the detriment to the contract. The new rules on fixed-term contracts should also be analyzed with respect to the legal system of the European Union.
In particular, should be reported complaints submitted to the European Commission by the National Association of Democratic Lawyers and the CGIL infringement of Directive 1999/70. In particular, it highlighted the infringement of the principle underlying the directive (repeated in number of judgments of the Court of Justice) that "the employment contracts of indefinite duration are the general form of employment relationship and contribute to the quality of life of the workers concerned and improve performance."
In addition, the elimination of the cause would be contrary to:
a) the provisions of the judgment Adelener, that "the notion of objective reasons requires recourse to this particular type of relationship is justified by the existence of specific factors relating in particular to the activity in question and the conditions of its exercise"
b) the provisions of the judgment Angelidaki, that the existence of even two of the measures provided for in clause 5 of the Framework Agreement (a: Objective reasons justifying the renewal of such contracts or relationships; b: The maximum total duration of the contracts or relationships of successive fixed-term; c: The number of renewals of such contracts or relationships ") is not sufficient to justify term relationships. It should be noted that the above provision of the Framework requires
Member States to "the effective and binding adoption of at least one of the measures set out in it if national law does not provide for equivalent standards."With regard to this context, it should also be noted that in spite of the cunning of the legislature, it permits a single contract acausal 5 with
possible extensions for periods not exceeding 36 months in which the extensions of the expiration of the one contract are technically different from the signing of new contracts after the previous expired, which would consider the new rules unrelated to the limits imposed by that clause, as expressly refer only to the renewal, should however be seen as already mentioned in the appeals to the Commission, it is stated that the Italian State violated clause 8, paragraph 3, of the Framework European which states: "the application of this agreement shall not constitute valid grounds for reducing the general level of protection afforded to workers in the framework of the agreement" as the law n. 78 of 2014 would lower the general level of protection afforded to workers, without providing adequate compensation measures.
This is contrary to the Community principle of non-regression clauses which provide that the implementation of an EU directive can not in any way require a Member State to implement, if the same has, already a discipline that provides an equal or greater level of protection.
It 's the lack of discipline of this type as indicated in the applications, would result in the violation of the prohibition of deterioration as the Italian state with new legislation (Law no. 78 of 2014) violated Clause 8 paragraph 3 "lowering the general level of protection afforded to workers," without providing adequate compensation measures.
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