Referendums on Labor and Citizenship: What If They Had Passed?
IF "Yes" Wins the Referendum: Implications Question by Question
Italian voters faced a historic decision with five referendums on varying topics, including labor issues and citizenship, presented in January. While the quorum wasn't met, leaving the referendums invalid, let's imagine if they had been approved.
Labor Landscape Changes
Repealing Some Parts of the Jobs Act
If a 'yes' had won, norms in the implementing decree of the Jobs Act (Dlgs 23 of 2015) would have been revoked, returning to the discipline contained in the Fornero Law of 2012. This would mean a more significant minimum limit (12 months) for unjustified dismissals compared to the current 6 months in the Jobs Act, but a lower maximum limit (24 months vs 36). In collective dismissals, reinstatement rights for employees hired after March 7, 2015, might have been reinstated if the selection criteria were violated.
Adjustments for Small Businesses
Abolishing the maximum limit of compensation for workers in small enterprises with up to 15 employees would have left the amount of compensation to the judge's discretion, using factors such as length of service, number of employees, and company size to determine the appropriate amount.
Obligation of a Specific Legal Cause for Fixed-Term Contracts
If 'yes' had won, a specific legal cause would have been required for fixed-term contracts of less than 12 months. The current practice of liberalizing these contracts would be substantially limited, potentially increasing litigation.
Strengthened Accountability for Workplace Accidents
Repealing Article 26, paragraph 4 of the Consolidated Act on health and safety at work could have made principal contractors jointly and severally liable for damages in case of accidents resulting from specific risks inherent in the activities of subcontractors or sub-subcontractors, leading to increased safety measures and oversight.
Simplifying Path to Citizenship
The fifth referendum, if passed, would have reduced the residency period required for non-EU nationals to gain Italian citizenship from 10 years to five years, making it easier for immigrants to integrate into Italian society and gain full citizenship rights.
Political and Economic Implications
A successful referendum with a 'yes' vote would have been a significant victory for the opposition forces, potentially weakening the government's stance on labor and immigration policies. However, the changes might have had mixed economic effects, potentially benefiting workers by enhancing protections but also increasing costs for businesses.
Although the turnout was not enough to validate the referendums, their proposed changes serve as a reminder of the ongoing debates surrounding labor rights, citizenship, and the competing interests of businesses and workers in modern society.
- If the labor referendum had passed, changes in employment policies would have been implemented, such as the repealing some parts of the Jobs Act, adjustments for small businesses, the obligation of a specific legal cause for fixed-term contracts, and strengthened accountability for workplace accidents.
- The passing of the citizenship referendum would have simplified the path to Italian citizenship for non-EU nationals, reducing the residency period from 10 years to 5 years, potentially easing integration into Italian society but also possibly influencing political and economic landscapes as a significant victory for the opposition forces.
