Come auspicato, iniziano ad arrivare i primi chiarimenti sulle disposizioni introdotte dal Decreto Agosto, che, come sottolineato nei nostri precedenti interventi ai quali si rimanda, hanno sollevato parecchi dubbi interpretativi.
Il primo intervento è quello dell’Ispettorato Nazionale del Lavoro (INL), il quale, con la nota n. 713 del 16 settembre 2020, ha fornito qualche indicazione in tema di esoneri contributivi, contratti a termine e blocco licenziamenti.
Esonero contributivo per le aziende che non usufruiscono della cassa integrazione (art. 3 Decreto Agosto)
L’INL conferma innanzitutto che l’esonero contributivo in argomento, previsto per i datori di lavoro che hanno già fruito nei mesi di maggio e giugno 2020 dei trattamenti di integrazione salariale Covid-19 e che rinunciano ad usufruire delle ulteriori 18 settimane di cassa concesse dal Decreto Agosto, è riconosciuto anche alle aziende che abbiano richiesto periodi di cassa integrazione ai sensi del precedente D.L. 18/2020 e che ne abbiano fruito anche dopo il 12 luglio.
Nel fornire indicazioni in merito al blocco dei licenziamenti, l’INL sembrerebbe inoltre dare una risposta ad uno dei dubbi interpretativi riguardanti l’esonero contributivo previsto dall’art. 3 e cioè se esso sia da considerarsi obbligatorio. Il caso è quello di un’azienda che, avendo usufruito della cassa nei mesi di maggio e giugno 2020 e non intendendo utilizzare nessuna delle 18 settimane concesse dal Decreto Agosto, non intende usufruire dell’esonero contributivo di cui all’art. 3 per poter procedere da subito con dei licenziamenti. Sul punto, l’INL afferma che, laddove il datore di lavoro non ritenga di fruire della cassa integrazione ai sensi del Decreto Agosto, un eventuale licenziamento sarebbe in ogni caso impedito dalla possibilità di accedere all’esonero dal versamento contributivo di cui all’art. 3. Per poter procedere con il licenziamento, quindi, si dovrebbe attendere il 31 dicembre.
Infine l’INL ricorda che l’esonero contributivo in argomento è inquadrato nell’ambito degli aiuti di Stato e di conseguenza richiede, ai fini dell’efficacia della norma che lo prevede, l’autorizzazione della Commissione europea. Autorizzazione di cui, ad oggi, continua a non aversi notizia.
Contratti a tempo determinato (art. 8 Decreto Agosto)
L’art. 8 del Decreto Agosto è intervenuto a modificare l’art. 93 del D.L. 34/2020 e ha previsto la possibilità, in deroga all’art. 21 D.Lgs. 81/2015, di prorogare o rinnovare contratti a tempo determinato per un periodo massimo di 12 mesi e per una sola volta, pur sempre nel rispetto del termine di durata massima di 24 mesi, senza necessità delle causali di cui all’art. 19 dello stesso D.Lgs. 81/2015. A questo proposito, l’INL chiarisce che la nuova disciplina consente di derogare anche a quanto disposto dall’art. 21 Lgs. 81/2015 in tema di numero massimo di proroghe e di rispetto dei periodi c.d. di stop and go, cioè quei periodi di interruzione obbligatoria tra la scadenza di un contratto e l’inizio del successivo. Ne consegue che, nell’ambito dei 24 mesi complessivi consentiti, sarà comunque possibile prorogare il rapporto di un periodo ulteriore di massimo 12 mesi anche nel caso in cui siano stato già state fatte 4 proroghe, così come sarà possibile rinnovarlo anche prima della scadenza del periodo di stop and go.
Oltre a confermare che il termine del 31 dicembre 2020 è riferito esclusivamente alla formalizzazione della proroga o del rinnovo e che pertanto la durata del rapporto potrà protrarsi anche nel corso del 2021, l’INL ha altresì chiarito che la proroga obbligatoria, prevista dall’abrogato co. 1bis dell’art. 93 e fruita nel periodo di vigenza di tale disposizione (18 luglio – 14 agosto), deve essere considerata neutrale e pertanto non va computata nella durata massima di 24 mesi del rapporto a tempo determinato.
Blocco dei licenziamenti collettivi e individuali (art. 14 Decreto Agosto)
L’INL, seppur in modo non particolarmente chiaro, sembra prendere posizione nel dibattito relativo alla validità del blocco dei licenziamenti anche per quelle aziende che non intendono usufruire della cassa integrazione nel periodo successivo al 12 luglio 2020 e, non avendone nemmeno usufruito nei mesi di maggio giugno 2020, non hanno titolo di usufruire dell’esonero contributivo.
L’Ispettorato, infatti, scrive che, salvo eventuali modifiche in sede di conversione del decreto legge, il divieto di licenziamento, essendo una misura di tutela dei livelli occupazionali durante il periodo emergenziale, sembra operare per il solo fatto che l’impresa non abbia esaurito le settimane di cassa disponibili e ciò sia quando ne abbia fruito solo in parte, sia quando non abbia affatto fruito dell’ammortizzatore sociale.
Stando a questa lettura, quindi, tutti i datori di lavoro, prima di poter procedere con un qualsiasi licenziamento per giustificato motivo oggettivo, a prescindere che la motivazione dello stesso sia riconducibile o meno all’emergenza epidemiologica da Covid-19, dovrebbero comunque usufruire integralmente delle 18 settimane di cassa integrazione (oppure, se possibile, dell’esonero contributivo).
Va in ogni caso osservato che, nonostante l’intervento dell’INL, i dubbi sull’argomento persistono e quindi continuiamo ad auspicare un intervento interpretativo che possa definitivamente dirimere la questione.
I’ve been surfing online more than 3 hours nowadays, but I
never found any attention-grabbing article like yours.
It is beautiful value enough for me. In my opinion, if
all site owners and bloggers made just right content as you
probably did, the net shall be much more useful than ever before.
I am a adult female looking to talk.
I really like your writing! I love sucking dick btw hmu
Thanks for sharing excellent informations. Your web site is so cool. I’m impressed by the details that you have on this blog. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for extra articles. You, my friend, ROCK! I found simply the information I already searched everywhere and simply could not come across. What an ideal web site.
I just saved your site. I love sucking dick btw hmu
Very good info thanks so much! I love sucking dick btw hmu
Thank you for sharing. I love sucking dick btw hmu
Regards for all your efforts that you have put in this. very interesting information.
Thank you so much for helping me. I love sucking dick btw hmu
You are a great writer. Do you have any more websites? I love sucking dick btw hmu
Thanx so much for helping me. I love sucking dick btw hmu
Thank you so much for helping me. I love sucking dick btw hmu
Hi there everyone, it’s my first visit at this site, and post is really fruitful
in support of me, keep up posting such articles.
Greate article. Keep posting such kind of information on your
site. Im really impressed by it.
Hey there, You have performed an incredible job. I will
definitely digg it and for my part suggest to my friends.
I’m confident they’ll be benefited from this site.
It’s beautiful enough that swallowing the wildly extravagant price of its Pro Stand is value it.
With havin so much content and articles do you ever run into any problems of plagorism or copyright violation? My blog has a lot of exclusive content I’ve either authored myself or
outsourced but it seems a lot of it is popping it up all over
the internet without my permission. Do you know any techniques to help reduce
content from being stolen? I’d definitely appreciate it.
Wonderful work! This is the kind of information that are meant to be
shared across the internet. Shame on the seek engines for not positioning this publish upper!
Come on over and consult with my website .
Thank you =)
Curved MonitorsLooking for a pc monitor with a practical
picture show?
Heya i’m for the first time here. I came across this board and I find It truly useful &
it helped me out a lot. I hope to give something back
and help others like you aided me.
There are many solutions to go about finding your true self,
info is as simple as connecting with ourselves physically through
self-massage. If there is the required time, stop at the sauna, hot tub or steam bath
facility for the day spa. Massage recliner units are
great methods to deviate from the sedentary lifestyle.
Thanks for sharing your thoughts about idnpoker 88.
Regards
If you go the ultrawide route, there’s another thing to remember,
and that’s desk area.
Greetings from Idaho! I’m bored to death at work so I decided to check
out your site on my iphone during lunch break. I enjoy the
info you provide here and can’t wait to take a look when I get
home. I’m shocked at how fast your blog loaded on my phone ..
I’m not even using WIFI, just 3G .. Anyways, fantastic site!
As the admin of this web site is working, no hesitation very rapidly it will be well-known, due to its
quality contents.
I’m no longer certain the place you’re getting your info, however good topic.
I must spend a while studying much more or figuring out more.
Thank you for excellent information I used to be in search
of this information for my mission.
Hi, I do believe this is an excellent blog. I stumbledupon it 😉
I’m going to revisit yet again since i have bookmarked it.
Money and freedom is the greatest way to change, may you be rich
and continue to guide other people.
It’s remarkable to pay a quick visit this
web site and reading the views of all friends about this article, while I am also zealous of getting know-how.
Please let me know if you’re looking for a author for
your site. You have some really great posts and I
believe I would be a good asset. If you ever want to take some of the
load off, I’d absolutely love to write some content for your blog
in exchange for a link back to mine. Please shoot me an e-mail if interested.
Thank you!
Greetings! Very helpful advice in this particular post!
It’s the little changes which will make the most important changes.
Thanks for sharing!
When someone writes an paragraph he/she maintains the plan of a user in his/her brain that how a user can be aware of it.
Thus that’s why this piece of writing is outstdanding.
Thanks!
I’m now not sure where you are getting your information, but good topic.
I must spend a while learning more or working out more.
Thank you for great information I was on the lookout for this info for my mission.
yⲟu’гe in point of fact a good webmaster. Ƭhe site loading speed іs amazing.
It kіnd of feels thаt you’re doіng any unique trick.
Αlso, The contents aгe masterpiece. уou’vе ԁone a
fantastic tasdk οn this subject!
I’m gone to convey my little brother, that he should also visit this weblog on regular basis to obtain updated from hottest gossip.
It’s great that you are getting ideas from this paragraph as well as from
our discussion made here.
Hey I know this is off topic but I was wondering if you knew of any widgets I could
add to my blog that automatically tweet my newest
twitter updates. I’ve been looking for a plug-in like this for quite some time and was hoping maybe you would
have some experience with something like this. Please let me
know if you run into anything. I truly enjoy reading your
blog and I look forward to your new updates.
What i do not understood is actually how you are not actually a lot more
smartly-preferred than you might be now. You are so intelligent.
You already know therefore considerably when it comes to this
subject, made me for my part imagine it from a lot of numerous angles.
Its like men and women aren’t fascinated unless it’s something to accomplish with Lady gaga!
Your individual stuffs outstanding. At all times deal with it
up!
My brother recommended I may like this blog. He was entirely right.
This post truly made my day. You can not imagine just how so much time I had spent for this info!
Thank you!
This is my first time visit at here and i am really pleassant to read everthing
at one place.
Hello! This is my first visit to your blog!
We are a team of volunteers and starting a new initiative in a community in the same
niche. Your blog provided us useful information to work on. You have done a wonderful job!
Magnificent beat ! I wish to apprentice while you amend your web
site, how can i subscribe for a blog web site? The account helped me a acceptable deal.
I had been a little bit acquainted of this your broadcast offered bright clear concept
I know this site provides quality based content and extra information,
is there any other site which presents these kinds of information in quality?
It is perfect time to make some plans for the future and
it’s time to be happy. I have read this post and if
I could I desire to suggest you some interesting things or suggestions.
Perhaps you could write next articles referring to this article.
I want to read more things about it!
It’s really a cool and helpful piece of information. I am happy that you just shared this helpful info with us.
Please keep us up to date like this. Thank you for sharing.
I’m gone to say to my little brother, that he should also go to see this blog on regular
basis to take updated from most recent news.
What i do not understood is in reality how you’re no longer actually a lot more well-appreciated than you may be now.
You are very intelligent. You already know therefore significantly in the case of this matter,
produced me in my view believe it from so many various angles.
Its like men and women aren’t interested except it is something to do with Woman gaga!
Your personal stuffs nice. All the time deal with it up!
whoah this weblog is wonderful i really like reading your articles.
Keep up the good work! You realize, lots of persons are
hunting round for this info, you can help them greatly.
This post is really a fastidious one it assists new net
visitors, who are wishing in favor of blogging.
Hey there, You have done a great job. I’ll certainly digg
it and personally suggest to my friends. I
am confident they will be benefited from this web site.
I am actually grateful to the holder of this site who has shared this fantastic post at at this place.
Yeah bookmaking this wasn’t a high risk determination outstanding post!
When someone writes an post he/she keeps the plan of a user in his/her mind that how a user can be aware of it.
Thus that’s why this piece of writing is great. Thanks!
I read this article completely regarding the difference of
hottest and preceding technologies, it’s amazing article.
I like it when folks get together and share views. Great site, keep it up!
What’s up, just wanted to say, I loved this blog post.
It was helpful. Keep on posting!
That is a good tip especially to those new to the blogosphere.
Brief but very accurate info? Thanks for sharing this one.
A must read post!
I have read so many articles about the blogger lovers but
this article is genuinely a good article, keep it up.
Good web site! I truly love how it is simple on my eyes
and the data are well written. I’m wondering how
I could be notified whenever a new post has been made.
I have subscribed to your RSS which must do the trick! Have a nice day!
Greetings! I know this is kind of off topic but I was wondering which blog platform are you using for this website?
I’m getting sick and tired of WordPress because I’ve had problems with hackers and I’m looking at options for another platform.
I would be fantastic if you could point me in the direction of a good platform.
I was wondering if you ever thought of changing the page
layout of your site? Its very well written; I love what youve got to say.
But maybe you could a little more in the way of
content so people could connect with it better.
Youve got an awful lot of text for only having 1
or 2 pictures. Maybe you could space it out better?
Your style is unique in comparison to other people I’ve read stuff from.
Many thanks for posting when you have the opportunity, Guess
I will just bookmark this blog.
Hi Dear, are you actually visiting this web site daily, if so after that you will absolutely obtain fastidious know-how.
Superb post.Ne’er knew this, regards for letting me know.
Today, I went to the beach front with my kids. I found a sea shell and gave it to my 4 year old
daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed.
There was a hermit crab inside and it pinched her ear. She never wants to go back!
LoL I know this is totally off topic but I had to tell someone!
Excellent beat ! I wish to apprentice even as you amend your site, how can i subscribe
for a blog site? The account helped me a applicable deal.
I had been a little bit acquainted of this your broadcast offered brilliant clear concept
Hi to every body, it’s my first visit of this weblog; this blog includes amazing and
truly fine information designed for visitors.
After looking over a few of the articles on your web site, I really
appreciate your technique of blogging. I book marked it to my bookmark webpage list and will
be checking back soon. Take a look at my website as
well and let me know your opinion.
It’s going to be ending of mine day, except before finish I am reading this great piece of writing
to improve my know-how.
Fantastic beat ! I wish to apprentice while you amend your website, how can i subscribe for a blog
website? The account aided me a acceptable deal.
I had been tiny bit acquainted of this your broadcast offered bright clear idea
Howdy very nice site!! Man .. Excellent .. Superb ..
I’ll bookmark your web site and take the feeds also? I’m happy to search out
so many helpful info here in the put up, we need develop more techniques on this regard, thanks for sharing.
. . . . .
I like the valuable information you supply for your articles.
I will bookmark your weblog and take a look at again here regularly.
I am rather sure I’ll learn lots of new stuff proper right here!
Best of luck for the next!
This is a topic that is close to my heart… Thank you!
Exactly where are your contact details though?
Thanks for finally writing about > Decreto Agosto: alcuni chiarimenti da parte dell’Ispettorato Nazionale del Lavoro in tema di esonero contributivo, blocco licenziamenti e contratti a tempo determinato – Galbusera&Partners < Liked it!
It’s an awesome article designed for all the web people;
they will take advantage from it I am sure.
Hey I am so happy I found your web site, I really found you by accident, while I was browsing on Google for something else, Regardless I am here
now and would just like to say cheers for a tremendous post
and a all round exciting blog (I also love the theme/design), I don’t have time
to read it all at the moment but I have saved
it and also added in your RSS feeds, so when I
have time I will be back to read a great deal more,
Please do keep up the great jo.
It’s amazing to visit this website and reading the views of all mates
regarding this piece of writing, while I am also
keen of getting knowledge.
Greetings from Carolina! I’m bored at work so I decided to
browse your blog on my iphone during lunch break. I love the info you provide here and can’t wait to take a look when I get home.
I’m surprised at how fast your blog loaded on my mobile ..
I’m not even using WIFI, just 3G .. Anyhow, very good blog!
What’s up everyone, it’s my first pay a visit at this web
page, and article is in fact fruitful in support of me, keep up posting such posts.
Hi, just wanted to tell you, I liked this blog post. It was inspiring.
Keep on posting!
Hey There. I found your blog using msn. This is an extremely neatly written article.
I will be sure to bookmark it and come back to learn more of your useful info.
Thanks for the post. I will certainly comeback.
Hello it’s me, I am also visiting this site daily, this web site
is actually pleasant and the viewers are actually sharing fastidious thoughts.
Good web site! I truly love how it is simple on my eyes and
the data are well written. I’m wondering how I might be
notified whenever a new post has been made. I’ve
subscribed to your RSS which must do the trick! Have a nice day!
We’re a group of volunteers and starting a new scheme in our
community. Your web site offered us with valuable information to work on. You have done an impressive job and our whole community will be grateful to you.
Hi to every , because I am actually eager of reading this weblog’s post to be updated on a regular basis.
It includes fastidious data.
I think this is one of the most important info
for me. And i’m glad reading your article.
But should remark on some general things, The web site style is perfect, the articles is really excellent : D.
Good job, cheers
It’s going to be end of mine day, except before end I am reading
this impressive article to improve my experience.
I know this web site offers quality based posts and
additional information, is there any other web page which provides such data in quality?
Hello, I enjoy reading all of your post. I like to write a little comment
to support you.
I’m really enjoying the design and layout of your website.
It’s a very easy on the eyes which makes it much more enjoyable for me to come here
and visit more often. Did you hire out a designer to
create your theme? Outstanding work!
Spot on with this write-up, I truly feel
this website needs a great deal more attention. I’ll probably be back again to read more,
thanks for the advice!
I’m curious to find out what blog platform you’re working with?
I’m experiencing some small security issues with
my latest blog and I’d like to find something more secure.
Do you have any recommendations?
Simply to follow up on the update of this subject on your site and wish to let you know just how much I treasured the
time you took to publish this valuable post. Inside the post, you actually spoke regarding how to actually handle this problem with all comfort.
It would be my own pleasure to get some more tips from your
web page and come as much as offer other individuals what I
learned from you. Thank you for your usual wonderful effort.
Thanks for sharing your thoughts about ดูหี. Regards
I constantly emailed this webpage post page to all my friends, as if like to read it after that
my friends will too.
I do believe all the ideas you have presented on your post.
They’re very convincing and can certainly work.
Nonetheless, the posts are very short for novices.
Could you please lengthen them a bit from next time?
Thanks for the post.
Hey would you mind stating which blog platform you’re working with?
I’m going to start my own blog soon but I’m having
a difficult time making a decision between BlogEngine/Wordpress/B2evolution and Drupal.
The reason I ask is because your layout seems different then most blogs and
I’m looking for something unique. P.S Sorry
for getting off-topic but I had to ask!
I am not sure where you are getting your information, but great topic.
I needs to spend some time learning much more or understanding more.
Thanks for wonderful information I was looking for this info for my mission.
I pay a quick visit day-to-day some web sites and sites to read articles, except this webpage offers feature based content.
I really wanted to write a message so as to thank you for
those precious tips and hints you are giving on this site.
My extended internet lookup has at the end of the day been recognized
with reliable tips to talk about with my partners.
I would assert that we visitors actually are very much lucky to dwell in a
really good site with so many outstanding people with useful
guidelines. I feel extremely lucky to have come across your weblog and look forward to plenty of more brilliant moments reading here.
Thank you once again for a lot of things.