RISK OF STALEMATE FOR JOB ON CALL

In the new provisions for temporary work contracts, contained in the implementing legislative decree of the Jobs Act on the overhaul of contract types, the referral to applicable “objective cases” governed by Ministerial Decree of 23 October 2004 was not spared. It in turn referred to activity of a non-continuous nature already identified by a Royal Decree of 1923. While waiting for a specific ministerial provision, the objective cases where temporary work can be used will only be those identified in collective bargaining, based on the “needs” indicated therein. The same fate also awaits call-in pay, in the cases not governed by national collective contracts. At present it appears that the provisions of Ministerial Decree of 10 March 2004 are not applicable. They had established the minimum call-in pay at 20% of the remuneration included in the applied national collective contract. While waiting for this to change, however, given the explicit reference to “needs identified by collective contracts” of the Jobs Act implementing decree, this legal shortcoming could be remedied by applying trade union agreements including of a territorial and/or company nature, where existing. Regardless of the possibility of adopting this latter solution, the consequences of which are not yet completely clear, it is certain that the new provisions under consideration carry a serious risk of freezing the use of temporary work contracts in those product and sector areas where collective bargaining does not govern the objective cases for which job on call can be used and that, ironically, are those where the use of these contracts is the most widespread.