JOB ACT: PART-TIME AND JOB ON CALL
The D.Lgs. 81/2015 on the reorganization of the types of contracts intervened on the regulation of part-time and job on call.
Part time. The main innovations in terms of part-time are the repeal of Decree. 61/2000 and the unification of the rules of the public sector to the private sector. The new law no longer made the distinction between part-time vertical, horizontal and mixed and is left to the collective bargaining discipline of elastic clauses that:
– The conditions under which the employer may change the timing of work performance and vary increase its duration;
– Maximum limits of variability in increased job performance;
– Condition and how to edit or delete the clauses flexible and elastic.
It introduces a general framework of the additional work applicable in cases where it is not covered by collective agreements. As a general rule, the employer may require the performance of additional work in the performance of the 25% limit on weekly working hours, from retribuirsi with a surcharge of 15% of the hourly wage of a global fact.
Job on call. The legislator intervened in the job on call without changing the conditions and limitations of use that is:
– The contract can be concluded with those aged over 55 and under 24 years of age;
– Is permitted for each worker with the same employer for a period of no longer than 400 days of actual work over three calendar years (except for the tourism sector, the public exercises and entertainment) and in Upon successful completion of this period, the employment relationship is transformed to permanent full-time.
The legislator has again reiterated that the conditions of use will be determined by collective agreements, and the absence of intervention must be referred to a ministerial decree which, to date, has not yet been issued.