News about the Social Safety Net

Legislative Decree 185/2016 contains the measures relating the Social Safety Net. These measures, by integrating the Legislative Decree 148/2015, facilitate access and flexibility for employers in making use of the Social Safety Net.

Specifically, the decree intervenes on operational procedures for the implementation of the organization of working time reductions or suspensions that entitle access to the benefits guaranteed by the welfare system.

Article 2 of Decree 185/2016; implementing various instances of change in reference to art.15, clause 2 of the Legislative Decree 148/2015; which set the deadline for submission of the electronic application for ordinary unemployment compensation (CIGO) within 15 days of the start of the suspension or reduction of working activity now provides an extension of these terms in the presence of objectively unavoidable events –  events relating to weather being of particular importance- at the end of the month following the occurrence of such events.

As regards requests for CIGS, new provisions change clause 2 of art. 25 of Legislative Decree 148/2015, providing that the suspension or reduction of working time, as agreed between the involved parties, must begin within 30 days of the date of submission of the application for authorization of the payment of the extraordinary income supplements. It is therefore inadvisable to wait for the expiry of the 30 days period prior to releasing the employees in question; as required by Legislative Decree 148/2015.

The corrective decree also incorporates provisions from art.41 ofLegislative Decree 148/2015 pertaining to the subject of so-called solidarity contracts “expansive” introducing the clause 3-bis, which states that the so-called solidarity contracts “defensive” (which provides for a reduction of working hours or pay in order to avoid the reduction of the staff) can be turned into “expansive” solidarity contracts, provided that the total reduction of working time is not greater than that already agreed.

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