CONVERSION OF THE SOSTEGNI-BIS DECREE – NEWS FOR FIXED-TERM CONTRACTS
Upon conversion into Law no. 106/2021 (G.U. no. 176/2021, S.O. no. 25) of Decree-Law no. 73/2021, which in fact also converts into law the measures introduced by Decree-Law no. 99/2021, a new Article 41-bis on fixed-term contracts was added.
In particular, firstly, Article 19(1) of Legislative Decree 81/2015 is amended, adding among the grounds that may legitimise the imposition of a term to an employment contract, where specifically provided for (for relationships lasting more than 12 months and up to 24 months; contract in derogation at the ITL; renewals regardless of the duration of the relationship; extensions when the relationship exceeds 12 months), the “specific needs provided for by the collective agreements referred to in Article 51“.
Therefore, collective bargaining, at any level, provided that the agreements are signed by the most representative trade unions, is given the possibility to define specific reasons for the use of fixed-term contracts, in addition to those already provided for by Article 19, paragraph 1.
However, by the subsequent paragraph 1.1, added to Article 19, Legislative Decree. 81/2015, it is established that “the term of a duration of more than twelve months, but in any event not exceeding twenty-four months, referred to in paragraph 1 of this Article, may be affixed to employment contracts in the event of specific needs provided for by the collective labour agreements referred to in Article 51, pursuant to letter b-bis) of the same paragraph 1, until 30 September 2022“: from the combined provisions of the 2 rules, therefore, the possibility of intervention by collective agreements on causal grounds would seem to be temporary, until 30 September 2022, even if it is difficult to understand why amending Lgs. 81/2015 with a rule that will have a few months of life.
Last July 5, the National Labour Inspectorate, in relation to emergency regulations for workers at risk, had taken stock of the situation with the note No. 10962/2021, now considered outdated following the entry into force, from July 23, of Decree Law 105/2021, which extended to 31 December 2021 the state of emergency and the obligation of exceptional health surveillance and to 31 October 2021 the provisions on frail workers.
However, we report the content of the note, which is useful for the purposes of the reasoning contained therein.
Article 26 of Decree-Law 18/2020 provides that, until 30 June 2021, if the work cannot be performed in agile mode, for the so-called fragile employees (in possession of certification issued by the competent medical-legal bodies, certifying a condition of risk resulting from immunodepression or from the results of oncological diseases or from the performance of related life-saving therapies, including workers in possession of the recognition of disability with connotation of seriousness under Article 3, paragraph 3, Law 104/1992), the period of employment shall be extended until 31 October 2021. 104/1992), the period of absence from work is treated in the same way as a period of hospitalisation, and such periods of absence from work are not taken into account for the purposes of the period of time off work, together with the prohibition on monetising leave not taken because of such absences from work.
In addition, pursuant to paragraph 2-bis of the same provision, it was established that ‘as of 16 October 2020 and until 30 June 2021, frail workers referred to in paragraph 2 shall as a rule perform their work in an agile manner, also through the assignment to a different task falling within the same category or area of classification, as defined by the collective agreements in force, or the performance of specific professional training activities, also remotely‘.
Since, however, at the time of the issue of the note, no further legal provisions had been introduced on the subject, INL considered that the ordinary legal treatment relating to absences from work and the ordinary way in which work is organised should be applicable to those workers from 1 July 2021.
Following the entry into force of Decree Law 105/2021, the provision of paragraph 2-bis is extended to 31 October 2021 and is also applicable to the period between 1 July and 23 July 2021.
The note also highlighted the extension
- to 31 July 2021 the obligation of exceptional health surveillance of workers who are more exposed to the risk of contagion (due to their age or risk condition deriving from immunodepression, including from COVID-19 pathology, or from the outcome of oncological pathologies or from the performance of life-saving therapies or in any case from co-morbidities that may characterise a greater risk), now moved to 31 December 2021;
- to 31 December 2021, the possibility of starting smart working in a simplified manner.
For these reasons, as the INL indicated as appropriate for its employees, it would have been advisable, in the absence of extensions of Decree Law 105/2021, in relation to frail workers and before their return to the presence, to obtain the opinion of the competent doctor on the individual concrete circumstances (cases of frailty, the relative degree of risk, vaccination status), in order to assess the adoption of appropriate solutions to protect health, such as compliance with safety measures, possibly more restrictive.
HOURLY USE OF 2021 PARENTAL LEAVE
2021 COVID leave for parents of children under 14 or of disabled children of any age may be taken by both parents on the same day, but at different times.
This is one of the main innovations introduced by the Law converting the Law Decree 30/2021, as Inps recalled in its circular no. 96/2021. As you will recall, the aforementioned Decree had provided for a leave of absence for parents working in the private sector with compensation (so-called “leave of absence 2021” for parents with children affected by SARS). leave 2021 for parents with children affected by SARS CoV-2, in contact quarantine or with suspended teaching activities) for the care of their children under 14 years of age, for a period corresponding, in whole or in part, to the duration of the SARS CoV-2 infection, the duration of the contact quarantine of the child, wherever it occurred, and the duration of the suspension of teaching activities.
This leave may be taken without any age limit for the care of disabled children in a situation of ascertained seriousness, regardless of whether they live together, for a period corresponding in whole or in part to the duration of the SARS CoV-2 infection, the duration of the child’s contact quarantine, wherever it occurred, the duration of the suspension of teaching activities, and the duration of the closure of day care centres.
The leave in question may be taken only in cases where the work cannot be carried out in agile mode and as an alternative to the other parent living with the child, or even not living with the child in the case of a severely disabled child.
When the law was converted into law, Law no. 61/2021 modified the original structure, specifying that the 2021 parental leave can also be taken in cases of suspension of educational activities, in addition to teaching activities, for cohabiting children, or even not cohabiting children with serious disabilities. This clarification confirms the possibility to use the leave in question also for children enrolled in nursery schools and kindergartens where educational activities prevail.
In addition, it introduces the possibility to take the 2021 parental leave also in hourly mode as of 13 May 2021. Applications may be submitted for periods of hourly leave prior to the date of submission of the application, provided that they relate to periods falling within the timeframe starting on 13 May 2021.
While waiting for the necessary IT updates, it is possible to take the 2021 parental leave on an hourly basis by submitting the relevant request to the employer and then regularizing it by submitting the relevant application to Inps, as soon as it will be available on the Inps website.
The 2021 hourly parental leave can be taken by both parents, provided that the leave is taken alternately. It follows that the hourly leave in question cannot be taken on the same day as the daily 2021 parental leave taken by the other parent living with the child. On the other hand, it is possible for both parents to take leave at the same time, in the same time frame, if the daily or hourly leave is taken for different children, one of whom is severely disabled.
On the other hand, 2 requests for hourly leave on the same day by both parents are compatible, provided that the hours taken on the same day do not overlap. Simultaneous use by both parents is also possible in case of overlapping of hours in the same day, if leave is taken for different children, one of whom is severely disabled.
Leave 2021 for parents in hourly mode:
- is incompatible with daily parental leave taken by the other cohabiting parent for the same child;
- it is compatible with the other parent taking parental leave by the hour for the same child, provided that the hours within the same day do not overlap;
- it is compatible with the same day, by the applicant, of hourly parental leave;
- it is compatible with the mother’s or father’s daily leave under articles 39 and 40, Legislative Decree 151/2001, taken in the same day by the applicant or by the other parent living with the child, provided that the hours within the same day do not overlap;
- it is compatible with the use by the other parent, even for the same child and on the same days, of the permits referred to in Article 33, paragraphs 3 and 6, Law 104/1992, of the extension of parental leave referred to in Article 33, Legislative Decree 151/2001, or of the extraordinary leave referred to in Article 42, paragraph 5, Legislative Decree 151/2001; this is because they are benefits aimed at safeguarding two different situations that cannot be protected simultaneously through the use of a single institution.
ANF BONUS AND TEMPORARY ALLOWANCE FOR MINOR CHILDREN
The Inps, in its circular no. 92/2021, has provided information on how to apply for and make use of the bonus for Anf provided for by Law Decree no. 79/2021.
Here are the main clarifications:
- as from 1 July 2021 and until 31 December 2021, an increase of
– € 37.50 per child, for households with up to 2 children;
– € 55 per child for households with at least three children;
- the increase is granted to all households that receive, based on the provisions in force in relation to the composition and number of the household, income levels and composition of the total income of the household, an amount of family allowance higher than zero;
- the increase is also granted in the presence of children aged 18 or over who are unable to work, as well as children aged between 18 and 21, if they are students or apprentices and belong to large families;
- for all workers entitled to family allowance, the current application and operating procedures remain valid.
LDP Payroll remains at your disposal for any further clarifications.