THE MINISTER FOR THE CIVIL SERVICE AND THE COORDINATION OF INFORMATION AND SAFETY At all Ministries: At the Cabinet Offices At the offices of the personnel, organization and training For companies and autonomous administration of the State in all non-economic public bodies the Council of State - general Secretariat at the Court of Auditors - general Secretariat of the Attorney general of the State - Secretariat assessment bodies referred to in legislative decree n. 286/1999 At the central offices of the budget in all regions in all provinces All the towns At the Higher School of Public Administration at Formez All'AIPA all'ARAN and, for information: To the Presidency of the Republic Secretariat At Prime Ministers - general Secretariat UPI ANCI UNCEM the Conference of rectors of universities' Italian were received, the Department of public Service, a number of questions concerning the link between the art. 19 of Law 28 December 2001 n. 448, concerning the prohibition on hiring permanent staff for the year 2002 in public administration referred to therein, and the general regulations on training and work experience contracts provided for in Article. 3 of Decree-Law no. 726/1984, ratified by Law 19 December 1984 n. 863, and now also applicable in public administration in accordance with and in the manner 'in art. 36 of Legislative Decree 30 March 2001, n. 165, and the resulting collective agreements. In particular, they have been questions raised about how to connect with the hiring freeze for under art. 19 of Law no. 448, for the spirit of the legislation on the relationship between training and work manifests towards stabilization of such relationships through their conversion into open-labor relations undetermined at the end of the training period or in the twelve months immediately following. The rules on training and work experience contracts provides, so far as is specifically interested, that workers who have carried out activities' training and work can be taken indefinitely, with registered request, within twelve months after termination of employment for the performance of activities' corresponding to the training received. The arrangement allows, therefore ', the public employer, to use the already' trained resources without having to activate additional public competitive procedures for the coverage of permanent seats on the assumption that such procedures are already 'been carried out prior to the conclusion of training contracts and subject - of course - the need 'to respect the rules on the recruitment program in art. 39 of Law no. 449 of 1997. This legislation displays, so ', a definite bias towards stabilization of the transaction, or to its transformation from a temporary relationship with finalita' mixed work and training in employment indefinitely. Except that ', the realization of this purposes' legislation would apparently precluded - in 2002 - from the hiring freeze indefinitely in art. 19 of Law no. 448 already 'mentioned, at least for the balance of work and training completed in the twelve months prior to January 1, 2002 or in that year reach their conclusion. In addition, the inability 'of permanent employment within the period of twelve months after the conclusion of the period of training-employment derives the need ', for the administration, to renew completely, later, in connection with any new posts for the same type of professionalism', public bankruptcy proceedings, waiving the benefit of using the already 'resources specifically prepared during the period of training and work. Ultimately, the comparison between the rules governing training and work experience contracts and more 'times cited legislation on hiring freeze in 2002 demonstrates the need to identify optimal means of forging links between the purpose' containment of underlying spending article . 19 of the Budget Law and the typical functions of the training and work experience contracts, which are facilitating the labor insertion of young people through their concrete professional training "in the field", especially for the professionalism 'more' high, the specialized training of human resources devoted to potentially be summarized in a stable form, in the same organization where you and 'carried out educational-professional mixed experience through streamlined selection mechanisms. Another connection between the need for general rules on training and work experience contracts and the hiring ban indefinitely contained in art. 19 of the Finance Act arises with regard to the provisions of art. 8, paragraph 6, of the law n. 407/1990, as amended by art. 16, paragraph 11 of Decree-Law no. 299/1994, converted by law 19 July 1994 n. 451. The latter provision makes the possibility ', for the employer, to conclude new training and employment contracts to the fact that it has retained in employment - by conversion of the training-employment relationship in an employment relationship of indefinite duration - at least 60% of workers whose training-employment contract has come to expire in the previous 24 months. The purpose of the provision, which also suffered in connection with specific exemptions to certain entities, and 'of course to promote the stabilization of the ratio of employees trained, preventing the employer privileges launching new temporary training-employment relations than the conversion indefinitely the already 'concluded relations. Here too, that the hiring freeze indefinitely established, for 2002, art. 19 of Law no. 448 cited would seem to lead an objective limit to the achievement of the purposes' of the legislation on the training-employment. Not being able to convert the balance of training and work in labor relations for an indefinite period, governments may come and find below the threshold of 60% of stabilization in the two years before that, and, consequently, the inability 'also signing new training-employment contracts for the years 2003 and 2004. This effect, however, would not be chargeable to organizational and management choices of the administration-employer, but derives from a regulatory constraint imposed by law no. 448. In reality ', the apparent tension between purposes' of the legislation on the training-employment contracts and purposes 'of the legislation on the block in 2002, the open-ended contracts in a number of public authorities can' be solved through interpretation through a systematic reinterpretation of the rules and their purposes'. And to that effect it moves this Directive, drawn up in liaison with the Ministry of Economy and Finance. The interpretative key is to consider the nature and purpose 'temporary - ie limited to the year 2002 - the block of indefinite-term contracts established by art. 19 of Law no. 448 of 2001. This temporariness' legislative purpose to suggest that the implicit effect of the same rule is temporary ancheil freezing or suspension of other regulatory mechanisms related to the passage of time, such as those mentioned above in fact the legislation on the training-employment. In other words, it seems correct and consequent view that Article. 19 of Law no. 448/2001 determines parallel the suspension, for the year 2002: a) whether the recruitment power indefinitely of the authorities concerned; b) both the course of the twelve-month deadline for nominative permanent employment of the employee whose time training contract has expired during that period, or in 'the previous year; c) is, again, the term of twenty-four months provided as a span of time of reference against which to calculate the share of 60% of conversions of training-employment relationship previous constituting condition legitimizing the signing of new training-employment contracts. In all these cases, powers and terms are intended to reactivate remained frozen as of 1 January 2003. It remains, finally, the question of the needs of administrations operating that use a significant extent, the ratio of staff with training-employment . These administrations may find themselves, in 2002, the inability 'to cover tasks already' assigned to staff whose training-employment contract has expired and you can not 'will' be taken indefinitely, it 'in assumptions ( the failure to achieve the above that the 60% share of stabilization in the previous two years) to be replaced with new employees hired under training-employment contract. Again, the problem appears to be solved by invoking the temporary nature of the goals and the hiring freeze purposes of Art. 19 of Law no. 488. fair and resulting in fact, appears to admit - in the logic of seeking overall consistency of the will 'legislative through a systematic reading of the different standards and their purposes' - that, only for the year 2002, in the inability' to convert reports training-working in permanent employment relationships, the same training-labor relations can be followed by employment contracts not exceeding the end of term December 31, 2002, closing date of the hiring freeze. In other words, the government concerned by the hiring freeze appear legitimate, in 2002, to start forward recruitment procedures - in compliance and in accordance with the requirements of Legislative Decree 6 September 2001, n. 368, and discipline may be contained in collective agreements - for those workers whose job-training contract has ended in 2002. These fixed-term employment contracts, of course, can not exceed the date of December 31, 2002, be operative which resume 'fully operational' the right 'of the same government to convert - based art. 3, paragraph 12, of Decree-Law no. 726/1984 - the training-work contracts expired in 2002 in the working relationships of indefinite duration. The indications of this Directive are addressed to the administrations listed in art. 19 of Law no. 448/2001 to the extent subject to the prohibition of permanent employment, according to the conditions specified therein and on the basis of information provided by the circular of the Minister 4 March 2002, n. 1/2002. Rome, May 8, 2002 The Minister of Public Administration: Frattini Join the Court of Auditors 5 July 2002 institutional ministries of the Prime Minister's Office, register no. 9, page no. 3