Develop the skills of workers to facilitate their reabsorption in the company of origin or increase their employability in view of a possible relocation to other work situations. This is the purpose of the training or retraining projects envisaged for workers in extraordinary layoffs by the Labor Ministerial Decree of 2 August 2022, which entered into force on 29 September, with which the ministry followed up the provision of article 25-ter, paragraph 4 , of Legislative Decree 148/2015, on cross-compliance.
Article 25-ter was introduced into the legislative decree on social safety nets by the Budget Law 2022 (Article 1, paragraph 202, of Law 234/2021) and then amended by Article 23, paragraph 1, letter h), of the Legislative Decree 4/2022. On the assumption of the importance of active policies, the law charges the beneficiaries of extraordinary income support protections to join initiatives for training and retraining, in order to maintain or develop skills, in view of the conclusion of the suspension procedure o reduction of work activity and in connection with the demand for work expressed by the territory.
The workers involved
The income support measures that impose the training burden, where envisaged, are only those referring to the Cigs, to the extraordinary payments ensured by the bilateral solidarity funds, including alternative and territorial ones (articles 26, 27 and 40 of Legislative Decree 148/2015) , as well as the FIS (article 29).
The obligation of training – specifies the ministerial decree – can arise from a law or, conventionally, as part of the agreement with the social partners, signed in the trade union consultation procedure provided for by Article 24 of Legislative Decree 148/2015, taking into account that the income support intervention is based, where foreseen, not only on the company commitment to respect the program, but also on the obligation of the worker, recipient of the treatment, to participate in active policy measures based on the principle of accountability .
The non-participation of the workers involved, without justified reason, in the training initiatives entails, as provided for by article 25-ter of Legislative Decree 148/2015, the imposition of specific sanctions ranging from the curtailment of one month’s treatment up to the its forfeiture (the methods and criteria of the sanctions will be defined by a further decree of the Ministry of Labor).