La riforma dell’apprendistato: rapporto con il contratto a tutele crescenti e “riordino” delle fonti di regolazione = Apprenticeship reform: relationship with the contract for increasing protection and "reorganization" of the sources of regulation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 301/2016

Luciani, Vincenzo (2016) La riforma dell’apprendistato: rapporto con il contratto a tutele crescenti e “riordino” delle fonti di regolazione = Apprenticeship reform: relationship with the contract for increasing protection and "reorganization" of the sources of regulation. WP C.S.D.L.E. “Massimo D’Antona”.IT – 301/2016. [Policy Paper]

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Abstract

The essay analyzes the discipline of the apprenticeship contract as regulated by Legislative Decree no. 81/15. The first part of the paper is focused on the relationship between the said contract and another form of contract introduced by Decree n. 23/2015 (so-called “contratto a tutele crescenti” -increasing protection contract): the author highlights the legal classification of the employment relationship established between the company and the apprentice hired after the end of the training period. The author envisages two different solutions depending on the date of conclusion of the apprenticeship contract: if the apprenticeship contract has been concluded after the 7th of March 2015 (date in which Decree n. 23/2015 has entered into force), the employment contract between the parts will be an increasing protection contract; if the apprenticeship contract is concluded prior to the said Decree, the contract between the parts will be an ordinary employment contract. Furthermore the essay analyses the cases of withdrawal from the apprenticeship contract adopted by the employer either before the termination of the contract or at the end of the planned training period which has been contested by the employee. The second part of the essay analyses the new Legislative Decree 81/15 that regulates apprenticeship in comparison with the previous legislation existent on the matter. The author highlights the grater importance of the law of the state rather than regional legislation and negotiations. The legislative action in this direction is justified by the inertia of the Regions even though the author raises doubts about its compliance with the constitutional principles on the division of responsibilities between state and regions in the field of professional training.

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