Minister of Interior memorandum on the chance of changing job in case of dismissal
A minister of interior memorandum was recently published, the note refers to the chance of changing job in case of dismissal. This actually means that workers awaiting for regularization will be given a pds which will allows a new employment.
This note was immediately critized, also by unions, because the problem is treated in a burocratic way. In fact the memorandum states (I shall quote it by heart because the text is not available and I could only read it): “in case a migrant worker is dismissed by his/her employer, he/she is entitled to refer the fact to UTG (Ufficio Territoriale del Governo – Prefettura) when called for regularization hearing.”
The worker will see former proceedings archived and WHEN POSSIBLE he/she will be allowed to ask for a temporary pds to UTG, of coarse an hearing at Police Headquarters will be necessary. The pds allows a six-month period residence in order to look for a new job.
700.000 migrant citizens are awaitng for regularization proceedings to go on, they are to wait around two years, this fact makes it clear that losing the job is going to be a widespread problem which will concern them all.
It is easy to understand that this instruction is absurd. On one hand we do appreciate the fact that changing employer is now possible, on the other hand we cannot agree with memorandum’s methods. If a person losing the job needs to wait for Prefettura hearing, we should say that months, years, during which the worker is entitled to stay in Italy but has no more job, are to come. In addition to this even though he/she is without employment, he/she won’t be able to look for a new job until Prefettuta hearing comes. Instructions produced by minister of interior (expressing the will of avoiding conceiled work) will increase conceiled work, workers will be forced to wait.
It is obviously clear that these people cannot wait for UTG hearing times, how could they live? Maybe they are supposed to live on crime. This is a border-line idea, of coarse workers will go back to CONCEILED WORK.
This is not respecting the goals regularization aimed to.
We should hope that common sense will move Prefetturas towards other solutions. Dismissed workers may be guaranteed some sort of priority in order to IMMEDIATELY verify their unemployment, to put into archives former proceedings and to release pds.
There’s another risk anyway, in fact (we are now strictly reading official instructions) in case of more than six months of unemployment, the worker might not be recognized pds. Someone could say that he/she run out of the six months guaranteed. Of coarse no employers would AT THE MOMENT trust employing workers under those conditions, in fact workers would only hold the post office receit.
I personally, as a legal advisor, would tell employers that they are risking charges connected to consolidated act art. 22 paragraph 12 crimes (as changed by Bossi-Fini law): this means employing a person without pds.
We are inviting all associations to present this proposal to UTG. We really hope that Prefettura shall follow good sense principles and shall start proccedings off when a person PROVES to be unemployed via showing his/her dismissal letter in order to help out new working relations.
This is a goal that still needs to be achieved but the RIGHT to look for a new job was recognized.
A gap was opened within government and we should work in this sense.
Memorandum only talks about dismissals of workers awaiting for final regularization proceedings and having lost their job because of employers will. Dismissal can come in different ways.
House helpers can be fired only giving an advise. Law doesn’t provide for good reasons or a justified matter. Employers are free to choose, they only need to give advise at least a week in advance, or they need to follow what contracts state.
Other working categories hold different dismissal issues:
– suppression of the specific job because of lack of work or firm new organization
– personnel reductions (mass dismissal, such as Fiat)
– dismissal for just cause, such as behaviour.
Memorandum provides for that via showing dismissal letter, the worker will be entitled to a pds in order to look for a new job (we shall see when and how).
Non-written dismissals
Memorandum states that dismissal is to be demonstrated via showing dismissal letter. Unfortunately many employers happen to only tell their workers that they are fired, of coarse prooving dismissal becomes DIFFICULT. Employees should then appeal against dismissal and send a registered letter (in which the lack of a just reason is exspressed), by doing this workers will be able to show their dismissal.
Law provides for that non-written dismissals are not valid.
Since employees word goes against employers, witnesses are to be shown AS WELL.
We usually suggest workers to keep going to work with some friends or relatives witnessing that the employer refuses the worker presence. This is very important because workers will be able to claim for damages and because UTG wants a demonstrating the dismissal document.
Memorandum, as we’ve already seen, DOES NOT consider the fact that workers might quit a job. We therefore can confirm that in case of dismissal any worker can look for a new employer vice versa it is still obscure. We shall then consider the fact that some workers quit their job because they are OBLIGED to by a series of circumstancies that can be wholly referred to just cause self-dismissals, this means that employers violations force employees to quit.