Roof to the allowance in layoffs, what the second question foresees | The referendum explained

The second question of the four referendums at work promoted by the CGIL, on which the Italians are called to vote 8 and 9 Juneasks for more protections for workers and workers of small businesses. In particular, he asks for the cancellation of the roof to the dismissal allowance in companies with less than 16 employees.

The question

Here is what the question says: « You want to repeal article 8 of the law of 15 July 1966, n. 604, containing « rules on individual layoffs », as replaced by art. 2, paragraph 3, of the law 11 May 1990, n. 108, limited to the words: « between a », to the words « and a maximum of 6 » and the words « the maximum measure of the aforementioned allowance can be increased up to 10 months for the lender with seniority of more than ten years and up to 14 months for the employer with seniority over twenty years, if dependent on employer who occupies more than fifteen employment. »

What would change with approval

The approval of the question by the electorate would lead to a reformulation of article 8 as follows: « When it is ascertained that the details of the dismissal for just cause or justified reason do not remember, the employer is required to summarize the employee within the term of three days or, failing that, to compensate the damage by paying him a minimum amount of 2.5 per month of the last global pay, of employed employees, the size of the company, to the seniority of service of the employee, the behavior and conditions of the parties « .

What are the objectives of the referendum

The goal of the referendum is to expand the protections for employees of employers with less than 16 employees, eliminating the current maximum limit of six months of compensation in the event of illegitimate dismissal. « The repeal
Of the maximum roof to the compensation would allow the judge, if he considers the illegitimate dismissal, to recognize adequate protection to the worker, in consideration of different parameters, without there being a definition of the maximum roof on the basis of a preventive evaluation by the company « , explains Nicola Marongiu, coordinator of the bargaining and labor market area of ​​the CGIL. « The number of employees of the company -Sottinea the trade unionist – does not in itself reflect the actual economic force of the employer » and the current limit of six de facto months is « applicable to employers who can represent very different realities ». The basin of workers to whom the legislation is addressed is approximately 3 million and 700 thousand, the number of employees of small businesses according to the CGIL estimates. Marongiu highlights that the four questions proposed by the CGIL « take into account the abrogative character of the referendum and intervene specifically producing direct and visible effects on workers ».

What the opposites say

According to those who are contrary to the modification of the current legislation, a potential risk is that, once the six -month roof is eliminated, the judge could establish a high compensation that would be difficult to support for small production realities. And this, according to those who oppose the modification of the standard, could discourage small companies from making new hires.

What are the positions of the parties

The line of the Democratic Party is to vote « yes » to the second question as well as to all the others, the same goes for AVS. While the position of the whole center -right is to invite voters to abstention. The 5 Star Movement expressed its support for the second question at work, as well as to the other four. Action will vote « no », as well as Italy alive and +Europe.