Amendment of Art. 92 ter TBI
26,474 law (BO 29/01/2009) ordered the amendment of art. LCT 92 ter has been drafted as follows:
"1. The contract part-time work is one under which the employee is obliged to serve for a certain number of hours per day or week, less than two-thirds (2 / 3) of the normal working day activity . In this case the remuneration shall not be less than proportional, which corresponds to a full-time worker, established by law or collective agreement, in the same category or job. If this ratio exceeds agreed time, the employer must pay the remuneration for a full-time worker.
2. The part-time workers may not perform overtime or overtime, except in the case of Article 89 of this law. The violation of the established time limit for part-time contract will generate the employer's obligation to pay the salary for a full day for the month in which it has achieved much the same, without prejudice to other consequences arising from this default.
3. Security contributions social and others that are raised with it, shall be in proportion to the worker's compensation and will be unified if moonlighting. In the latter case, the worker must choose between the social works that contribute to that to which belong.
4. The social security benefits are determined by regulation, taking into account the time worked, the contributions and the contributions made. Contributions and contributions for social work shall be that of a worker, full-time category in which the employee is employed.
5. The collective bargaining agreements will determine the maximum percentage of time workers partial at each facility will perform under that kind of contract. They may also prioritize them to fill full-time vacancies that occurred in the company. "
This reform introduces amendments to the so-called" contract of part-time work, which are detailed below:
a-The clarification that, if it exceeds 2 / 3 of normal time, you must pay the basic wage for a full day, even when it is not fully observed. (First paragraph)
b-a penalty for the alleged violation of the limit of hours agreed, consisting of the employer's obligation to pay the salary for a full day, even if it actually worked would reach to cover a full day (second paragraph)
c-While maintaining respect for the contributions social security, proportionality in relation to worker's compensation (third paragraph unchanged), provides that, in relation to the contributions and contributions to social work, is paid for the full-time worker (fourth paragraph) This implies an increase in the cost of such contracts to the employer, while a reduction in pay net of workers with part-time contracts in force at the date of enactment of the amendment.
d-It requires the introduction in the negotiation of collective agreements of the maximum percentage of part-time workers, something that in the previous wording of the rule was only a possibility, so that in future there will be a limitation with respect to the number of workers who may be employed part-time, up to now unknown.
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