European Labour Law (Law in Context), 2nd edition

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An Introduction to Law 8th ed Phil Harris. Sentencing and Criminal Justice 6th ed Andrew Ashworth. Out of print. Labour Law Hugh Collins , K.

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Armstrong , Alex Cerfontaine. Law in Context: Obscenity Geoffrey Robertson. International Business Taxation 2nd ed Sol Picciotto. Publication Abandoned. Nonetheless, the persistently unsatisfactory economic and financial situation is in the meantime increasing euroscepticism in the country. In fact, if the Renzi reforms are not able to change much, it means that it is the Euro itself that is causing the crisis. This argument is gaining momentum, in favor of the 5SM and Lega North, whose young leader, Matteo Salvini, was publicly endorsed by Berlusconi as his possible political successor.

Many people believe that raising taxes cannot be the solution to fight the public debt considering the size of the debt itself. In the meantime, the fight against tax evasion has not been very successful. It is necessary to define policies aimed at restructuring public spending in depth by reducing the weight of public sector branches that are less effective in reducing the impact of the crisis and favoring the other branches. Public spending is needed to make the country cope with the crisis but also to re-launch the economy in the long-run, which requires investing in education, research and development, and public infrastructure 3.

At least in principle, this is certainly a u-turn in the EU policy regarding fiscal and monetary stimulus, and hopefully it will be the beginning of a new way of thinking of the role of the EU institutions in aggregate management at the EU level.

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Moreover, as Aristotelous shows, Italy was unable to gain from the introduction of the Euro or in terms of greater trade integration with the rest of the Euro area. In fact, the Italian economy was located at the lower tail of the distribution of growth rates of the European economies already before the financial crisis started. These disappointing outcomes are surely also the consequence of bad economic policy. Austerity has had severe consequences for the countries with the highest public debt. Austerity is probably also due to a mistrust in the ability of national governments to implement the right reforms, but then instead of forbidding public spending at all, it would be better to introduce some form of conditionality while providing support to national level industrial policy.

The national debate on youth unemployment in Italy is fortunately overcoming some of the refrains of the past, which had become like blind spots. The emphasis on labor market flexibility is perhaps the most important. On the one hand, it has made temporary work more costly and, on the other hand, it has made permanent work cheaper by reducing the constraints on firing decisions based on article 18 of the Labor Code. On the one hand, entrepreneurs have been obliged to declare the reason for the temporary nature of the contract and to pay higher social security contributions to temporary workers than to permanent workers.

On the other hand, firing decisions have become a little bit easier. The Fornero Law has had only a limited impact on employment, despite the great expectations. In fact, by making temporary work more difficult to renew, over , temporary contract jobs have been immediately discontinued, which also could be attributable to the on-going economic crisis Boeri The public debate has, in fact, immediately highlighted the need for new labor market reforms.

In fact, already in , the Parliament had approved the Jobs Act with a mandate to the Renzi government to implement important changes in the labor legislation, such as, among others: a the abolition of the obligation for the employer to hire again workers fired for economic reasons so-called reintegra sul posto di lavoro as based on art. Beside the reform of the Fornero law, there seems to be awareness of the need to overcome the emphasis of the past debate on labor market flexibility. It is not surprising that, although the possible effects are uncertain and probably modest, one of the most welcomed reforms of the Renzi government was the reduction by 80 euros of the wedge of labor incomes, which are under 1, euros Guiso The aim of the Jobs Act is to introduce flexicurity, meaning not only greater flexibility in the employment protection legislation EPL henceforth , but also more public intervention to increase the employability of those who lose their job.

In fact, as already noted, the latter is based on the Scandinavian school-to-work transition model, which in turn is based on ALMP on a large scale for the jobless young people and is often coupled with some passive income support. ALMP is a tool to provide young people with the work experience and job-related skills they actually need when the educational system is sequential, rather than dual, as it is in both Scandinavian and Southern European countries. As is well-known, in sequential educational systems, building general education is the only mission of the educational system, while work experience should be gained after completing the educational path.

Now, the point is that in Southern European countries, including Greece, public and private employment services are very week. In Scandinavian countries, instead, the Ghent system has favored the development of excellent employment services Pastore As Pastore notes, the school-to-work transition, namely the move from education to gainful employment, is a complex mechanism which is affected by different organizations and institutions, such as the family, the educational and training system, the labor legislation, the PES, the type of PLMP and ALMP.

The different way such institutions are modelled importantly affects the ability of young people to fill in their experience gap and therefore find a stable job. EU countries can be clustered in different regimes, although there are also important differences from one country to another within the same regime: a North-European; b Central European; c Anglo-Saxon or liberalist; d South European; e New Member States.

Giuliani and Pastore ; and show by means of panel data analysis that there is something in the Central-European and liberalist regimes which allows them to have the lowest youth unemployment rate, also after controlling for a number of factors, such as per capita GDP level and growth, share of secondary and tertiary education attainment, degree of EPL, expenditure in PLMP and ALMP. The simplest indicator of the efficiency of a school-to-work transition is its length.

Unfortunately, there is still very little information about the characteristics of SWTRs.

Employment Law in Context - Paperback - David Cabrelli - Oxford University Press

Recently, the Eurostat has released new important information on the length of the school-to-work transition as based on two modules of the European labor force survey 6. It shows that there are large differences by country and education attainment level. The slowest countries are the South European and the East European ones. In addition, with an average waiting time of about Average length of the school-to-work transition by educational attainment level Source: Eurostat.

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This figure, however, is likely to underestimate the overall length of the SWT in Italy. At least two important factors should be taken into consideration for a more realistic account. First, as noted above, the Eurostat data considers only the transition to the first important job, but this may not represent the real end of the transition, especially after the implementation of two-tier reforms and the diffusion of temporary work. Quintini et al. The reason of such long SWT is clearly the lack of sufficiently well developed work related skills to become employable in the eyes of employers, which is due, in turn, to the lack of occasions to gain work experience either during or after the educational period.

Second, the length of the transition should be weighted for the actual length of time that is necessary to obtain a university degree in Italy, one of the world longest, especially in terms of expected values. The reason is the high indirect cost of university education, which in turn depends on unpreparedness of the university system to the deal with the increasingly large number of students who register at the university.

Section 1 has shown that the EYG is only virtually in place in Italy if one considers the actual numbers.

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Indeed, the Italian labor market is poles apart from the social model that is behind the EYG. First of all is the fact that in the Italian system, there is no obligation whatsoever to even help young people to search for a job. The first condition, then, to be met in order to successfully implement the EYG in Italy is one of administrative capacity.

Since , the state sector has lost its legal monopoly over labor intermediation and also for low skill jobs, which it had maintained since This did not help increase the share of the unemployed who found a job through PESs, actually, just the opposite. Even when in , the Treu Law allowed private agencies to join in the activity of job placement through the PES for temporary contracts, things did not changed much. The Biagi Law of , which strongly encouraged the cooperation between public and private agencies, was not much more successful.

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This compares to about 7. A possible explanation of the inefficiency of PESs is the lack of available resources, both financial and human. It reports comparative indicators regarding the PES activities in The number of unemployed per staff of the PES and the index of efficiency, namely, the number of registered unemployed who found a job in the unit of time, are particularly useful. The efficiency index is just 2.

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Instead, the efficiency index is much higher for the Scandinavian especially Sweden, Finland and Denmark and Central European countries especially Germany and Austria. The low efficiency rate is due first of all to the lack of resources.

Employment Law in Context

In Italy, there are Not surprisingly, the Italian ratio has dramatically further increased during the economic crisis, from a high of The ratio of staff per registered unemployed person is only slightly lower at In addition, the current legislation does not help much in as much as it assigns to PES eminently bureaucratic tasks see, among others, Cicciomessere and Sorcioni ; Giubileo ; and ; Pastore The situation should get better with the implementation of the Jobs Act, which should foresee the introduction of a National Agency to overcome the lack of coordination among the PES of each province.

In addition, the relationship between public and private operators should change from one of competition to one of division of roles, with the public sector having the tasks of profiling, giving guidelines, organizing, monitoring, supervising and evaluating the results, while the private sector executes such services as counseling, insertion, training and so on Giubileo and Pastore and a , b , and c. In a period of dramatically plummeting opportunities in the public sector, with the share of jobs offered falling down from about For all these reasons, the EYG would be, in principle, certainly useful and positive in the case of Italy.

In order for this to happen, though, it is necessary that the PES be endowed with sufficient human and financial resources while being cleaned from bureaucratic burdens which could be assigned to private call centers by paying only a little cost Giubileo ; and Giubileo and Pastore A proposal raised in a number of contributions would be to support the EYG by using the EU money coming from different sources, including the structural funds, which are hardly and poorly spent in Italy on small programs whose impact can be claimed to be negligible without making an evaluation study. If all the money that is spent and even more the money which is not spent were used for a single unified and organic reform program of re-launching the role of the PES by assigning to it new tasks and resources under the umbrella of the EYG, the money would be spent in a sounder and more efficient way.

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This money is currently out of reach because of the low absorption capacity and also because the criteria are very hard to meet, especially for peripheral regions. We are aware of the difficulties that the strict rules regulating the use of European Structural Funds would place in case they were used in the direction of improving the institutions regulating the labor market. But we are also convinced that this would be a more effective way of reaching the declared aims of the EU funds than using them in the way they are currently used Giubileo and Pastore a.

If the EYG means providing young people with employment or, at least, training opportunities, then there is not much in Italy with respect to this except a few training programs implemented at a regional level whose impact is negligible Giubileo and Pastore a. The current Italian organization of the entire system is confusing: according to the reform of Title V of the Constitution, the state is in charge of the education system, through the Ministry of Education, regional bodies are in charge of the training system, and provinces county-level authorities are in charge of the PES.

The EYG would need to re-structure the way regional bodies manage training programs. The organization of PESs and their performance is very different across regions and also provinces.