employment contract The employment contract is an agreement whereby the employee agrees to pay on his activity within the productive organization of the employer who is required to pay the salary.
E 'in the form of employment more widely. It involves two entities:
- the employer (the contractor) or who gives to other employment on its employees and pays the
- the employee or who agrees, for remuneration, to give his employment by and under the direction of another person .
The employment relationships are governed not only by the Workers' Statute , even by the National Collective Agreements work (Negotiable), concluded at national level between the social partners and also , when present, the Integrative Business Contracts .
arising from the employment contract, by law, rights and obligations for both parties.
Obligations of worker:
- is required to perform the contract in the employ and under the direction of the employer (art. 2094 cc);
- is required to work with the normal due diligence and obey the family instructions of the employer and personnel and to respect the chain of command depends on the working time;
- must not ".... do business in competition with the employer or disclose information relating to 'organization and methods of production company, or use it so that it can be harmful to " (art.2105 cc).
labor law:
- salary, location and hours of work, weekly rest and annual leave; jobs, preservation of jobs in the event of sickness, accidents, etc..
Obligations of employer:
- to protect working conditions, with particular attention to the physical and moral integrity of employee.
Rights of employer:
- power to direct, organize and control the work of employees;
- disciplinary authority over the employees.
When it comes to contract of employment generally refers to a permanent contract, full-time. The labor market provides a variety of contractual forms in reality we see below.
The contract of employment may permanent and temporary and both, in turn, a full-time (full time) or part-time (part time).
There are also conventional forms and new forms introduced by the Law 30/2003 L Biagi
Contracts traditional
Apprenticeship
The institution of apprenticeship is an employment relationship in which the employer is obliged to give and / or to impart the necessary training for the job to achieve the technical capability to become a skilled worker. Depending on the age of recipients and duration, there are three types of apprenticeship:
- appr. educational and training with a maximum of 3 years and reserved for young people between 15 and 18 who wish to further their training in the workplace rather than at school;
- appr. professionalizing to achieve a qualification through job training, and this path does not lead to the acquisition of a qualification system of vocational education and training, but to increasing the technical capacity of the individual to order for it to become a qualified worker.
Decree Law No. 112/2008 has eliminated the 2 years as a minimum duration of the relationship (leaving a 6-year maximum) pioneering the use of the apprenticeship contract in relations work undertaken in seasonal activities;
- appr. specialization is for the acquisition of a secondary diploma, degree or graduate diploma or a technical specialization, through the integration of practical training in company with the Secondary Education, University of higher education or otherwise with a technical specialization, is reserved for young people aged between 18 and 29 years.
Job placement
The contract replaces job placement, following the so-called Biagi reform, the training contract and work. E ' "directed at achieving, through a personal adaptation of the professional skills of the worker to a specific work context, the integration or reintegration into the labor market" (art. 54 of Legislative Decree no. N.276 of 2003).
The purpose of the egislatore is to facilitate the difficult position of unemployed or unemployed: young people aged between six twenty-nine p.m. years, over fifty unemployed, long-term unemployed aged 29 to 32 years, women of any age living in areas with a high rate of unemployment women, people with severe disabilities.
The duration can vary between 9 and 18 months, raised to 36 for the handicapped.
The contract is not renewed between the same parties, but may be extended in accordance with the overall maximum.
time determined
The employment contract may be negotiated when there are technical reasons nico
production, organization or replacement, requiring an increase in labor for a limited time.
Halftime
The employment contract provides for a part-time hours less than normal determined by law or collective agreement.
Administration of Work
particular type of employment contract involving three parties: the leasing, the user and the worker. The worker is employed by the leasing agency, but is sent to do business with the user (so-called mission). Between user and leasing is a contract for the supply of labor, which is a standard contract commercial. E 'allowed only a limited period.
new contractual
job sharing
Job sharing or job sharing, is a special employment contract by which two workers taking in the solid performance of one and the same work obligations.
Project work
With this type the employee agrees with the employer to complete a project working on an ongoing but independently with respect to time and manner of performing. and have a duration of certain consideration to the protection of motherhood, health and worker safety.
The occasional collaboration is characterized by two conditions: it must be a total duration not exceeding 30 days in the calendar year with the same client and must not include compensation for more than five thousand euro in the same calendar year and with the same client.
Jobs home
E 'homeworker anyone with employer-employee, performs at home or on the local availability of which has, with the help of family members living with or dependent on accessory, paid work on behalf of one or more contractors, raw materials and ancillary equipment or their contractor or the same.
is not permitted the execution of work at home for the activities for which they are used toxic or harmful to health and safety of the worker and his family.
call work
The employee, upon payment of compensation for availability, indicating its willingness to be appointed to work as needed, to a defined time and with 48 hours notice.
job sharing
Two or more workers are employed, alternating, the same job being paid by the amount of work done by each
The trial period
Most of the employment contract provides for a trial period whose duration is determined by the National Collective Bargaining Agreement, and in any case can not be longer than 6 months. The probationary period must be based on a written document signed by the employee at the time of ;
the probationary period shall be null and agreed verbally, the worker can therefore be regarded as permanently employed.
During the probationary period the employee and employer are free to terminate the relationship.
The employee is entitled to remuneration under contract at the time of class and he must be paid the treatment of severance pay (settlement), holidays and the relative percentage of the thirteenth.
The designation
The worker shall be assigned tasks (ie tasks and activities) for which they were hired
There shall be no loss of pay than the stab ility CCNL.
The temporary transfer to higher duties with a right to payment for the transfer and if it lasts more than 3 months (unless it is replaced by illness, pregnancy, military service, etc. ...), the acquisition of new qualification becomes final.
Risoluzione del rapporto di lavoro
Il rapporto di lavoro a tempo indeterminato può risolversi consensualmente per scelta delle parti oppure per decisione unilaterale del datore di lavoro ( licenziamento ) o del lavoratore ( dimissioni ).
Se il dipendente vuole interrompere il rapporto di lavoro è tenuto a dare il preavviso:
si tratta di una comunicazione che deve essere inviata al datore di lavoro, nel rispetto dei termini fissati dai contratti collettivi nazionali per la mansione svolta.
In caso contrario sarà tenuto a pagare l'indennità sostitutiva del preavviso, che è pari all'ammontare delle retribuzioni per i mesi non lavorati.
Se è invece il datore di lavoro a decidere di risolvere il rapporto, potrà farlo solo in presenza di valide ragioni: giusta causa, giustificato motivo soggettivo o oggettivo .
La legge richiede che tutti i licenziamenti, per essere legittimi, devono essere intimati in forma scritta.
Per giusta causa si intende un evento riferibile al lavoratore che, per la sua gravità, non consente la prosecuzione neppure temporanea del rapporto. Per questa ragione è l'unica forma di licenziamento che non richiede preavviso. The
justification subjective is an event which, although it is attributable to the employee, however, permit the completion of the normal period of notice. In this case the datorepuò decide to exempt the employee after completion of the notice period by paying its fine substitute. The
justified objective reason refers to an event is not chargeable to the employee. It may be a matter of public organization (the suppression of a task, the closure of a, the decrease in sales). Again is mandatory notice or payment of the replacement.
The employee has the right to verify the existence of the reasons given to justify the dismissal. In the event of unfair dismissal, the employer will be subject to the consequences provided by law, differ depending on the size.
Penalties for dismissal illegality imo
For employers with up to 15 employees, the consequences of unfair dismissal will be kind of purely economic: the employee will be entitled to compensation for damages, between 2.5 and 6 months relevant last salary.
For employers with more than 15 employees in the event of unfair dismissal, the employee will be entitled to be reinstated in the previous duties in addition to compensation for damages equal to the amount of lost wages from the date of dismissal up to the actual reinstatement.
The employee may elect to refuse reinstatement by requiring payment of an additional allowance equal to 15 months of salary.
Agreement solidarity
solidarity contracts cover all companies with a minimum of 15 employees, which, to hire new permanent workers or to avoid a reduction of staff, enter into contracts involving the company collective reduction of working time and its pay. The law provides for the entitlement to benefits and tax relief to companies that enter into contracts of solidarity.
