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Inclusive welfare and social security reform in the Budget Law 2022 - Simonelli & Mandalà

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Inclusive welfare and social security reform in the Budget Law 2022

The Budget Law 2022 (Law No. 234 of 12/30/2021) tries to reorder social shock absorbers, making some measures applied in the emergency regime “ordinary,” with a view to making them more “inclusive.”

The number of beneficiaries of the Cassa Integrazione Guadagni Straordinaria (CIGS) is expanded. which will also include home-based workers and apprentices, as well as the basis of calculation for the purpose of the so-called “employment requirement” for access: as of January 1, 2022, the Extraordinary Wages Guarantee Fund will apply to companies with more than 15 employees, calculating, in addition to employees with subordinate contracts, workers with managerial status, home-based workers, apprentices and workers who work under the bond of subordination both inside and outside the company.

The category of companies and employers that can apply for CIGS is also extended: the protection now also applies to companies and employers registered with the Salary Supplementation Fund (so-called “FIS”) that meet the employment requirement, and therefore the production sector is no longer relevant (for example, it can also be accessed by companies in the trade sector that have between 15 and 50 employees on their payroll).
The use of “Defensive Solidarity Contract” is encouraged for overcoming times of business difficulties: it is provided that the planned average hourly reduction can reach 80% of the daily, weekly or monthly hours of the workers concerned and for each worker the maximum overall percentage of reduction in working hours 90% of the hours over the entire period for which the solidarity contract is concluded.

The Budget Law also expands the scope of the Salary Supplement Fund (SIF) under Article 29 of Legislative Decree. 148/15: Effective January 1, 2022, employers employing at least one employee who are not covered by Article 10 of Leg. 148/15 (Cassa integrazione ordinaria) and not included in the Bilateral Solidarity Funds referred to in Articles 26, 27 and 40 of the same Legislative Decree.

On the involuntary unemployment protection front, the Budget Law extends the protection provided by NASpI by including permanent agricultural workers under Law No. 15 June 1984. 240, and apprentices, and abolishes the so-called work requirement of thirty days of actual work in the twelve months preceding the beginning of the unemployment period, with the result that access to the benefit is allowed if only the requirements of involuntary unemployment status and thirteen weeks of contributions in the four years preceding the beginning of the unemployment period are met. A specific in-depth focus will be devoted to the topic in future magazines.

 

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