The parties agree that without prejudice to current provisions of the law, staff leasing contracts and fixed-term contracts may be entered into up to a maximum total of 35% on an annual average, referring to the calendar year preceding hiring, in relation to the total number of employees on permanent contracts, with a maximum of 15% for staff leasing.
For the purposes of calculating the above percentages, workers with part-time contracts are counted in proportion to their relative working hours, and the decimal point is rounded up if it is equal to or greater than 0.5.
In the case of a new company, for the first 12 months of business the above percent age limit is calculated on the number of permanent workers in force at the time the con tract covered by this article is concluded.
Up to 10 employees, the ratio is one to one.
From 11 to 20 employees, a maximum of ten contracts may be concluded.
The above ratios are to be understood, limited to the aforementioned provisions, with reference to the individual job contract.
Fixed-term staff leasing contracts are permitted in implementation of the applicable legal provisions.
The user company informs the unitary union representative bodies/company union representatives ahead of time, or, failing that, the regional trade unions belonging to the trade union associations which signed the CCNL, of the number of workers hired under the staff leasing contract and the reasons for using it.
If there are justified reasons of urgency and necessity, the aforementioned communication will be made within five days following the conclusion of the labour lease contract. For the purposes of calculating the percentage referred to in Article 16, part-time leased workers are counted in proportion to their working hours.
Any fraction of a unit resulting from the above percentage shall be rounded up to the next whole unit.
In cases where the above percentages give a number of less than 10, it remains possible to enter into up to 10 contracts.
For workers hired under an apprenticeship contract as from 19 July 2012, the agreement attached to this CCNL shall apply.
SCOPE OF APPLICATION
Apprenticeship is a specific employment relationship with a mixed cause, aimed at obtaining a qualification through targeted training to acquire basic, cross-cutting and technical-professional skills.
Apprenticeships are permitted for all qualifications and tasks in levels 2 to 7.
HIRING
The professional apprenticeship contract must be drawn up in writing, indicating the work covered by the contract, the trial period, the initial, intermediate (where applicable) and final classification level of the duration, the individual training plan and the qualification that may be acquired at the end of the employment relationship.
The number of apprentices in force that the employer may employ may not exceed 100% of the skilled and qualified workers, with reference to the individual contract or service.
AGE LIMITS
Professional apprenticeship contracts can be concluded with young people between the ages of 18 and 29.
The professional apprenticeship contract may also be concluded with young people who have reached the age of 17 and hold a professional qualification obtained pursuant to Italian Law no. 53 of 28.3.2003.
TRIALPERIOD
The maximum duration of the trial period for apprentices is 30 days of actual work. During the trial period there is a mutual right to terminate the contract at any time without notice or compensation in lieu thereof and with entitlement to severance pay and accruals of additional months’ salary and holiday pay, provided they have accrued.
DURATION
The apprenticeship relationship expires in relation to the qualifications to be obtained according to the following terms.
The maximum duration of the apprenticeship contract is shown in the following table:
Level 2
24 months
Level 3
24 months
Level 4
36 months
Level 5
36 months
Level 6
48 months
Level 7
48 months
In the event of an absence of more than four consecutive weeks, the apprenticeship period will be extended by the duration of the absence.
For workers with a final destination from level 5 to level 7, if they have a diploma related to the profession to be acquired, the duration will be reduced by 6 months. If they have a university degree related to the profession to be acquired, the duration will be reduced by 12 months.
At the regional level, the parties may provide for longer durations for specific professional and/or operational situations.
Companies agree to retain at least 65% of the workers who have completed their apprenticeship contract within the previous 24 months.
For this purpose, workers who have resigned, those who have been dismissed for just cause and those who have refused an offer to remain in service at the end of the apprenticeship period are not counted.
The above limitation does not apply when only one apprenticeship contract has expired in the previous two years.
CONFORMITY OPINION
The employer and the apprentice, with the assistance of the representative organisations they belong or which they have mandated, may apply to the regional bilateral body for a conformity opinion on the apprenticeship contract.
During regional bargaining the parties may agree in concert with the relevant regional administrations to entrust the system of bilateral bodies with the verification of the compliance of the training of apprentices with the training framework related to the qualification to be obtained.
RECOGNITION OF PREVIOUS APPRENTICESHIP PERIODS
The period of apprenticeship accrued at other companies shall be counted by the new company, subject to the minimum duration envisaged by current law, for the purpose of completing the period prescribed by this contract, provided that the training relates to the same activities and there is no interruption of more than one year between one period and the next.
In the event of several relationships being combined, the training hours will be proportionate to the remaining apprenticeship period to be completed.
In order to obtain recognition of the accumulation of apprenticeship periods previously completed with other companies, at the moment of hiring the apprentice must document the periods already completed and the attendance of external training courses.
The apprenticeship period will be recorded in the training booklet for the purpose of proving the activity done.
If the relationship is terminated, the apprentice will receive a document from the company certifying the apprenticeship periods already completed.
TRAINING
The principles agreed upon in this chapter are aimed at ensuring a uniform application of the rules on training in professional apprenticeships throughout the country.
Without prejudice to the fact that the regulation of the training of professional apprenticeships is left to the Regions in agreement with the Associations of Employers and Labour Providers, and that such regulation is temporarily left to the CCNL, the following is agreed.
The amount of formal training hours will be 120 hours per year, and will be divided into basic, cross-cutting and technical-vocational training.
In this context, basic and cross-cutting training is identified as instruction aimed at learning notions of hygiene, safety and accident prevention at work, knowledge of the rights and duties of the employment relationship, company organisation and the production cycle, and interpersonal skills. Training on notions of hygiene, safety and accident prevention will be provided at the beginning of the training course.
The training curricula are defined in Annex 9, which forms an integral part of this contract. Where appropriate, the parties reserve the right to amend and expand the curricula at later stages.
The training must be structured and certifiable and must be evidenced by a training booklet where the skills acquired during apprenticeship training are recorded.
Training can take place both on the job and by shadowing.
Formal training may be internal or external to the company. It will have to comply with regulations and regional guidelines.
When considering the company requirements for the provision of the entire training plan internally within the company, the following will be taken into account: human resources suitable for teaching skills, mentors with appropriate training and expertise, and rooms suited to the training objectives and company size. On this basis, the internal training capacity must be declared by the employer in the contract of employment.
The employer or its delegate will also certify the suitability of the rooms that the company intends to use for the formal training, which – in the case of a multi-site company – may also be located at another company or facility that as a rule is located in the same province.
Training companies may also provide training through their own training facilities to their own apprentices, or in the case of groups of companies, to apprentices of companies in the group.
For the requirements of company mentors, reference is made to the provisions in force.
ECONOMIC TREATMENT
A worker hired under a professional apprenticeship contract is classified two levels below the final destination level for the first half of the period and one level lower for the second half.
Apprentices with a final destination of level 2 will be classified at level 1 for the entire period.
The remuneration of apprentices is composed of: standard salary, contingency allowance and cost-of-living allowance pursuant to the Inter-confederation Agreement of 31 July 1992.
REGULATORY TREATMENT
For all matters not specifically covered by this Article, during the apprenticeship period the apprentice shall be entitled to the same regulatory treatment as envisaged in this CCNL for workers having the classification for which they are completing the apprenticeship.
Part-time employment is permitted for apprentices, with working hours of no less than 50% of full-time.
ILLNESS
The provisions of Italian Law no. 296/2006, Article 1, paragraph 773, apply.
STATEMENT FOR THE RECORD
The parties agree to meet within three months of the entry into force of provisions on apprenticeships for the fulfilment of the right to education and training and apprenticeships for the acquisition of a diploma or for advanced training.
The Parties agree that, insofar as they are compatible, the provisions set out in this Article apply to young people aged between 16 and 18 years within the meaning of Italian Law no. 196/1997.
Apprenticeship contracts concluded under the rules in force before the entry into force of Italian Legislative Decree no. 276/2003 continue to be governed by those rules until their natural expiry.
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