Documente Academic
Documente Profesional
Documente Cultură
2010 Q4
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Three areas at the core of efforts that will contribute to shaping the contours of the post-crisis order ()
First, institutions.
The second area at the core of our efforts concerns reforms of the financial sector.
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By February 2010 the EU unemployment rate had risen to its highest level in a decade (9.6%). Within the EU, Member States such as the Baltic States, Ireland, and Spain have undergone wrenching adjustments in their labor markets, in part linked to the collapse of construction booms or property bubbles. Employment in Europe report (2010).
The labor market is in a deplorable state. I must admit that the crisis will not pass unless the unemployment rate decreased significantly, Dominique Strauss-Kahn (Executive Director of the International Monetary Fund)
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WHERE DO WE GO NOW?
The picture varies across Member States: For many it has led to a substantial increase in unemployment, and potentially in long-term unemployment, For some others job losses have been rather restrained to date, especially compared to certain of the EUs global competitors (Japan and United States).
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WHERE DO WE GO NOW?
General recourses battling unemployment during the crisis Increase internal flexibility: Flexible working time arrangements Shorter hours or temporary partial unemployment, Temporary closures, Nominal wage concessions Employment stability in some sectors General absence of new policies to create new job opportunities.
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Legislative measures adopted by Italian Government (and not only) to face the crisis
Raffaella Betti Berutto
Amsterdam, 24 March 2011
are a Governmental support offered to people who have been suspended or laid off because the employer is in financial crisis
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Is a Government redundancy fund (partially funded by employers national insurance contributions and by the INPS) ensuring that some form of compensation is paid to those who have been suspended from work or who are working reduced hours.
Payments to employees may be made under one of two regimes: the so-called ordinary regime (Cassa Integrazione Guadagni Ordinaria - Ordinary Wages Guarantee Fund (CIGO)) which applies where there is a temporary interruption or reduction in work caused by factors such as market trends or flooding; the extraordinary regime (Cassa Integrazione Guadagni Straordinaria - Extraordinary Wages Guarantee Fund (CIGS)) which applies in the event of the employers insolvency, restructuring, or reorganisation, cessation.
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Remarks: (i) Specific sectors are excluded from CIGS such as hotel, and banking industry (ii) Each year, the admission to CIGS is provided for commercial businesses with more than 50 employees, supervisory firms with over 15 employees, travel and tourist agencies with over 50 employees
Remarks: (i)they may be both open-ended and fixedterm workers, both full-time and part-time (ii)Executives and apprentices are left out (yet, see infra for the in derogation shock absorbers for apprentices) (iii)the criteria for the identification of workers to be suspended as well as the modalities for the personnel turnover shall be the subject of a unions consultation (see infra) (iv)Personnel turnover: if the enterprise envisages, for technical-organisational reasons linked to the maintenance of the ordinary efficiency levels, not to adopt any turnover among workers performing the same tasks and working in the production unit concerned by suspension, it shall indicate the reasons for it
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Submission of the application to the Ministry Within 25 days after the end of the pay-period outstanding in the week when the business suspension or reduction began After completion of the preliminary proceedings, the Ministry issues the measure for the admission to CIGS In case such admission is refused, it is possible to request a review, without prejudice the possibility to have recourse to the Regional Administrative Court
Submission of the request to INPS Within 25 after the end of the pay-period outstanding as of the date of publication of the decree granting CIGS on the Official Gazette
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In principle, the CIGS indemnity is paid in advance by the employer and reimbursed to the latter by INPS. Should the enterprise be in an exceptionally critical financial situation, INPS may effect a direct payment (nevertheless, see infra, CIGS in derogation).
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Remarks: (i) Fixed-term workers are left out (ii) Executives and apprentices are left out
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Wage integration for workers Integration of 60% of the wage lost vis--vis the working time reduction The monthly ceiling provided for CIGS is not applicable
Benefits for enterprises The additional contribution established in case of CIGS is not provided for Social security contributions reduction for the hours worked equal to 25% (if such reduction ranges between 20 and 30%) and to 35% (if such reduction exceeds 30%); the reduction is higher in the areas of the South of Italy
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Enterprises which do not fall within the scope of CIGS may enter into solidarity agreements (a) in order to avoid or reduce the excess personnel during the mobility procedures or else (b) in order to avoid individual dismissals for objective justified reason For the reduction of working hours, a contribution equal to the half of the wage for the total working hours not worked, equally divided between the employer and the workers concerned by the reduction, is paid for a period not exceeding 24 months, that may be extended for maximum further 12 months
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MOBILITY INDEMNITY
Main features The mobility indemnity (i.e., the indemnity paid by INPS to the dismissed employees) applies in the following cases: An enterprise admitted to CIGS needs to start, during the programme or upon completion of the same, the dismissal of one or more people An employer employing more than 15 employees intends to perform after a reduction or change of business or work, or else after cessation of its business at least 5 dismissals, in a period of 120 days, in each production unit or in more production units within the territory of the same province (collective dismissal procedure) In both cases, the dismissal is subject to the completion of the following process as per Law no. 223/91: Notice to the trade unions Unions consultation which may take up to 75 days dismissal Regulatory source: Law no. 223/91 31
MOBILITY INDEMNITY
Requirements to benefit from the Mobility Indemnity Workers dismissed and enrolled in the regional unemployment records (so-called mobility lists) who: have a seniority of 12 months, of which at least 6 worked submit the relating application enjoy the Mobility Indemnity The Mobility Indemnity is applicable for personnel of enterprises falling within the scope of CIGS The beneficiary workers are blue collars, white collars and quadri having an open-ended labour contract
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MOBILITY INDEMNITY
Duration of the Mobility Indemnity Age of worker Until 39 years Employment in the North-Centre Maximum duration 12 months Maximum duration 24 months Maximum duration 36 months Employment in the South Maximum duration 24 months Maximum duration 36 months Maximum duration 48 months
INPS Circular no. 95/2008: for the purposes of the acknowledgement of the 12-month increase, reference should be made exclusively to the place where the enterprise permanently organizes the activity of the worker concerned.
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MOBILITY INDEMNITY
Amount of the Mobility Indemnity The Mobility Indemnity is determined detailed as follows - according to the wage integration that the worker has received (mobility for CIGS) or that he/she would receive (mobility for collective dismissal) in the period immediately preceding the termination of the labour relationship: 100% in the first 12 months 80% from the 13th month on
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MOBILITY INDEMNITY
Financing of the Mobility Indemnity Contribution to be borne by employers Monthly ordinary contribution (0.30%) borne by the employer during the employment Payment, for each worker to be dismissed, of: 9 times the monthly mobility indemnity, in case of collective dismissal process without an agreement with the unions; 6 times the monthly mobility indemnity, in case of CIGS 3 times, if the monthly mobility indemnity in case of collective dismissal which ends up with an agreement with the Unions Cases of exemption from the above payment: total exemption in case the insolvency proceedings triggering heacount reductions the employer who dismiss the worker and offers an open-term job having certain characteristics, benefits from a reduction of the mobility cost 35
The workers dismissed for objective justified reason by enterprises employing up to 15 employees, for whom the mobility procedure cannot be started, may, upon request, register in the regional unemployment records (mobility lists). Such registration does not entitle workers to the mobility indemnity. However, employers who hire workers enrolled with enjoy social security benefits.
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Unemployment indemnity for suspension of work (art. 19, paragraph 1, letters a) and b), of Legislative Decree no. 185/2008)
Unemployment indemnity for apprentices suspended or dismissed (art. 19, paragraph 1, letter c), of Legislative Decree no. 185/2008) CIG (ordinary and extraordinary) in derogation Mobility in derogation Una tantum for consultants engaged under a project collaboration agreement (art. 19, paragraph 2, of Legislative Decree no. 185/2008)
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Workers may benefit from CIG and mobility in derogation on condition that they are provided with the personal requirements usually requested in order to enjoy the CIG indemnity or the mobility indemnity, i.e. respectively (i) 90 working days of length of service as far as CIG is concerned and (ii) 12 months of length of service as far as the mobility indemnity is concerned INPS is authorized to pay in advance CIG and mobility in derogation. Contribution due in case of CIGS in derogation: the employers are not bound to pay any ordinary contribution (0.90% of which 0.30% to be borne by workers) but only the additional contribution (3% or 4.50% depending on whether the employer has up to or more than 50 employees), only for the period in which they benefit from the CIGS in derogation. No additional contribution shall be due if the employer is undergoing an insolvency proceedings. INPS explained that the periods of CIG in derogation do not fall within the calculation of the maximum ceiling of 36 months in a five-year period.
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UNA TANTUM PAYMENT FOR PROJECT COLLABORATORS (ART. 19, COMMA 2, D.L. 185/2008)
Experimental measure effective for 2009 / 2011 period Objective requirements: Termination of the consultancy agreement Subjective requirements Enrolment with INPS Working for only one principal Preceding year: income exceeding 5,000 (but less than 14,240) and a social security seniority of at least 3 months In the relevant year: social security seniority of at least 3 months Declaration of availability of undergoing a training and professional requalification course Una tantum payment equal to 10% of the income earned in the preceding year 41
In Europe so far, the "job gap" was filled in Germany due to increased employment in the last three years
Employment level rate After a decrease in 2010 (-1.7%, -2.6% in 2009), the employment level rate should remain mainly stable in 2010 (+0.1%) The rise in the employment level rate should occur according to economics forecast in 2012 only (+0.9%)
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In 2011 the recourse to anti-crisis measure is expected to be still very high due to the slow due to the slow economic recovery and the refinancing of social shock absorbers by the Italian Government
315.000 employees will be involved Year 2012 166.000 employees are expected to be interested in the use of social shock absorbers in derogation
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early retirement flexible working time assignment of workers to different working duties (even lower) concession barganing Collective barganing agreement at company level departing from the national collective barganing agreements Derogation in peius: are in compliance with Italian law
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FANCIFUL INSTRUMENT TO FACE THE CRISIS: THE MIRAFIORI PLANTS AGREEMENT (FIAT CASE)
Background In Italy a large number of principal terms and conditions of employment are governed by collective agreements applying to almost every employee. Collective agreements are made between trade unions (organizzazioni sindacali) and employers organizations (associazioni di categoria)
(usually grouped on an industry-wide basis) Collective agreements are generally applicable only if the employee and employer are members of the contracting trade union and employers organization or the parties have otherwise agreed to be bound by its terms.
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FANCIFUL INSTRUMENT TO FACE THE CRISIS: THE MIRAFIORI PLANTS AGREEMENT (FIAT CASE)
Background
FIAT as member of the employers organization (associazione di categoria) so-called CONFINDUSTRIA applies the
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FANCIFUL INSTRUMENT TO FACE THE CRISIS: THE MIRAFIORI PLANTS AGREEMENT (FIAT CASE)
FIATS WILL Derogation in peius of the Metal-Mechanic CBA with regard to Work shifts Overtime
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Generally, the national collective bargaining agreements provide for that the employer
pays the statutory sick pay during the first 3 days of absence (100%) (periodo di carenza) contributes up to 100% to the payment of the statutory sick pay made by INPS. 48
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FANCIFUL INSTRUMENT TO FACE THE CRISIS: THE MIRAFIORI PLANTS AGREEMENT (FIAT CASE)
CGIL one of the main Trade Unions, together with CISL and UIL disagreed with FIATs proposal to derogate in peius the Metal- Mechanic CBA FIAT: established a NEWCO made a transfer of undertaking from FIAT to NEWCO NEWCO: is not a member of CONFINDUSTRIA therefore the MetalMechanic CBA is not applicable entered into with CISL and UIL only a collective bargaining agreement at companys level replacing the Metal-Mechanic CBA and implementing new rules aimed at granting competitiveness (work shifts, Overtime, absences due to sickness, daily breaks)
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A DIFFERENT WAY TO BATTLE THE CRISIS: WELFARE AT COMPANY LEVEL (LUXOTTICAS CASE)
Collective bargaining agreement at company level of 11 February 2009
Luxottica, introducing a best practice, agreed to build up a WELFARE PROGRAM at company level for its employees and their families Assumption The national collective barganing agreement is a frame in which the employer can set up a governance closer to the companys and employees needs (including welfare programs)
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A DIFFERENT WAY TO BATTLE THE CRISIS: WELFARE AT COMPANY LEVEL (LUXOTTICAS CASE)
GOALS OF LUXOTTICA
recruit and retain talent motivate workers letting them feel part of the company and be the focus of the companys policy preserve the purchasing power of employees during the crisis not only through fixed and variable salary but relying on innovative and complementary income support which is alternative to more traditional systems of remuneration
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A DIFFERENT WAY TO BATTLE THE CRISIS: WELFARE AT COMPANY LEVEL (LUXOTTICAS CASE)
INTERVENTIONS IN PLACE
Provision of non-monetary benefits (having a considerable economic value) to protect employees purchasing power, to face family needs as well as to allow better work-life balance needs (Collective bargaining agreement at companys level of December 14, 2009 and June 24, 2010)
integrative sanitary assistance to employees and their families food expenditure school (textbooks and scholarships to children of employees) careers social care supporting workers with family problems associated with disability, elderly care and drugs addiction loans fitness training courses
provide tax incentives for businesses reduce the mismatch between demand and offer of employment develop the welfare program at company level decrease taxes on productivity bonus reduce the cost of labor increasing the employees net salary
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Dsseldorf, Regional Meeting WSG European30. Oktober 2007 Amsterdam, March 24th 2011 Martin Reufels
Concept of Kurzarbeit
Temporary Reduction of regular weekly Working Hours per company / establishment / organisational entity (agreed by collective bargaining agreement / shop agreement / individual employment contract)
Reduction of Pay
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up to 24 months
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for Employer: - huge and considerable savings by employer especially in case of Kurzarbeit 0.
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for Employee:
- retains job
- no considerable loss of pay, especially when add-on contributions are granted by employer (full pay and no work)
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for social security authorities / government: - low percentage of unemployment - low spending on unemployment aid (re-directed into direct support of Kurzarbeit employees)
Additional Programs
Qualification Programs and Vocational Training at Kurzarbeit 0 or Health Program Subsidies for seminar & conference industry
Factual Evaluation
- exists since 1910 - helped to bridge excess labour supply through a recession
- has been successful in the 1970s /80s, i.e. construction bubble - solution to prevent unemployment in aftermath of financial crisis (e.g. 60.000 workers at Volkswagen)
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Factual Evaluation
in total:
has been successful, thanks to sudden recovery & export boom in Germany.
has prevented mass dismissals and allows companies to immediately boost up business in times of recovery.
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Berlin Friedrichstrae 149 D-10117 Berlin T +49 (0)30 88 00 97-0 F +49 (0)30 88 00 97-99 berlin@heuking.de
Brssel Avenue Louise 140 B-1050 Brssel T +32 (0)2 646 20-00 F +32 (0)2 646 20-40 brussels@heuking.de
Chemnitz Weststrae 16 D-09112 Chemnitz T +49 (0)371 382 03-0 F +49 (0)371 382 03-100 chemnitz@heuking.de
Dsseldorf Cecilienallee 5 D-40474 Dsseldorf T +49 (0)211 600 55-00 F +49 (0)211 600 55-050 duesseldorf@heuking.de
Frankfurt Grneburgweg 102 D-60323 Frankfurt am Main T +49 (0)69 975 61-0 F +49 (0)69 975 61-200 frankfurt@heuking.de
Hamburg Bleichenbrcke 9 D-20354 Hamburg T +49 (0)40 35 52 80-0 F +49 (0)40 35 52 80-80 hamburg@heuking.de
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Kln Magnusstrae 13 D-50672 Kln T +49 (0)221 20 52-0 F +49 (0)221 20 52-1 koeln@heuking.de
Mnchen Prinzregentenstrae 48 D-80538 Mnchen T +49 (0)89 540 31-0 F +49 (0)89 540 31-540 muenchen@heuking.de
Unemployment in Russia
6.6%
7.5%
8.4%
2008
2009
2010
Statistical information for the years 2009 and 2010 is calculated in accordance with the methodology of the International Labor Organization. Statistical information for year 2008 is approximate.
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Legislative Changes
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Monitoring dismissals
Monitoring introductions of reduced working day Promote information awareness of employees
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Financial Support
Township-forming companies
Small business
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Legislative Changes
Important for employer
Simplification of dismissal
compensation
Major Projects
Winter Olympic Games in Sochi 2014 Skolkovo Innovation Center Summit of APEC in 2012
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Migration Policy
Restriction of quota for issuance of work permits for foreign nationals: Year 2010: decreased by approx. 51% vs year 2009 Year 2011: decreased by approx. 10% vs year 2010
Simplification of procedure of engagement of foreign highly-qualified specialists No special permit for the employer Quick obtaining of work permit Simplified procedure of registration on the territory of Russia Simplified procedure of registration for accompanying family members
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www.alrud.com
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WSG European Regional Meeting Amsterdam, Netherlands, 24 25 March 2011 Ukraine seeks labor reform as part of anticrisis program Armen Khachaturyan, Senior Partner
15 years of
reaching the stars for our clients
Proposal of concurrent pension and labor reform (the bill to be reviewed by Parliament in March 2011)
Legalizing wages and jobs through tightened employers liability (41 % of official social taxes on a payroll leads to USD 25 bln of unoffical wages; fines to grow 10 times to USD 1,000 - 3,000 for unofficial wages and jobs; tax administration and pension fund are authorized to impose fines; measures to bring almost USD 9 bln to pension fund)
Introduction of indicative wages subject to social insurance and pension contributions (reference to similar law in Bulgaria, but criticism from experts)
Restructuring of employers and employees shares in total social tax on wages/payroll (currently employee pays only 2% of total contribution to pension fund while employees share is 10.25% in Austria and 8.205% in Bulgaria)
Draft New Labor Code Possibility of extension of work time to 12hours per day and 48 hour per week, provided, however, that an average work day/week within a month does not exceed standard 8/40 hours Voluntary 6 day work week eliminates two-job arrangements Employers right to issue regulations (orders, instructions), including for covering legal issues at absence of collective bargaining agreement Cancellation of vacation for passing exams in educational institutions
Limitation of rights of small trade unions in favor of monopoly of federation of trade Unions of Ukraine
Unilateral change of contract on economic grounds Increase of grounds for termination of employment (violation by management of shareholders rights, softer definition of redundancy as certain economic, technological, structural or organizational conditions resulting in impossibility or non feasibility of employment, but employers successorship is not an employment termination ground)
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