The impact of the Directive on individual employment contracts in Italy: recruitment

policy and types of contracts possible

Paolo Iacobucci - ASSTRA

DIRECTIVE 2003/59/EC

Internal transposition regulations

TRANSPOSITION REGULATIONS

APPLICATION DECREES

LAW 286/2005

DECREE ISSUED BY MINISTRY FOR INFRASTRUCTURES AND TRANSPORT 7.02.2007

(applicable to bodies resonsible for training, course planning and delivery procedures)

DECREE ISSUED BY MIN. FOR INFRASTRUCTURES + TRANSPORT 7.02.2007

(granting of CPC)

DECREE ISSUED BY MIN. FOR INFRASTRUCTURES + TRANSPORT 7.02.2007

(management of CPC granting bodies

DECREE ISSUED BY MIN. FOR INFRASTRUCTURES + TRANSPORT 20.03.2008

(granting of CPC without attending course or taking the exam through the conversion and recognition of professional qualification and supporting documentation

TRANSPOSITION REGULATIONS

APPLICATION DECREES

(AMENDMENTS )

LAW 214/2008

DECREE ISSUED BY MINISTRY FOR INFRASTRUCTURES AND TRANSPORT 16.10.2009

(governing bodies responsible for training, course programming, examination procedures)

REQUIREMENTS FOR THE EMPLOYMENT OF DRIVERSUp to 9 / 9 / 2008 From 10 / 9 / 2008

HOLDER AGE RESTRICTIONS HOLDER AGE RESTRICTIONS

D / DE LICENCE YES 21 - YES 21 -

C.A.P YES 21 - - - -

CPC

(attended standard training course )

NO - - YES 21 -

CPC

(attended accelerated training course)

NO - - YES 21

Entitled to drive passenger transport vehicles on routes of less than 50 Km Entitled to drive vehicles equipped to transport a maximum of 16 passengers

CPC

(attended accelerated training course)

NO - - YES 23 -

Requirement to convert the qualification held by the drivers (CAP – professional driver’s licence) to the CPC without having attended a course or taken an examination

Modification, within the selection process, of the employment requirements (candidates must hold the CPC and their age must be related to the type of training and typology of contracts that may be used)

Planning of the in-house training for drivers who hold the CPC this becomes a critical element

Reorganisation of the in-house training structures/outsourcing of training

Organisational issues around the introduction of the CPC

EFFECTS OF THE DIRECTIVES ON COMPANY ORGANSATION

PERIODICAL TRAINING COURSES

Frequence Five years

Commencement of the courses

Within 12 months of the expiry of the validity period of the CPC

Programme 35 hours of theory

Modular strucure 7 hour modules

Purpose and target group

Training of drivers who have converted their qualification upon application

SubjectsImprovement compared to the previous regulations regarding the CAP

EMPLOYMENT OF DRIVERS

Main types of contracts that may be used in relation to candidates who hold the relevant qualification at the time they are hired by the company

INDIVIDUAL EMPLOYMENT CONTRACT Holder of CPC CPC OBTAINED AFTER THE DRIVER HAS BEEN HIRED BY THE COMPANY

FULL TIME OPEN-ENDED CONTRACT YES IN EXCEPTIONAL CASES IN WHICH THE WORKER IS RETRAINED

FULL TIME FIXED-TERM CONTRACT YES -

PART TIME OPEN-ENDED CONTRACT YES IN EXCEPTIONAL CASES IN WHICH THE WORKER IS RETRAINED

PART TIME FIXED-TERM CONTRACT YES -

APPRENTICESHIP - (1) YES

INTEGRATION CONTRACT - (1) YES

RE-INTEGRATION CONTRACT YES

LABOUR SUPPLY CONTRACT YES

JOB SHARE CONTRACT YES

TEMPORARY CONTRACT YES

1) The practice of some companies does provide for the possibility of recruiting apprentices who already hold the CPC.

In such cases there is a differentiation in the salary and regulations applied to these drivers …