Recruitment of disadvantaged women, initial indications
- Studio Piceci
- April 14, 2021
- Reading time: 10 min
With News . 32/2021, INPS provided initial guidance on the exemption for the hiring of disadvantaged female workers, an exemption that the 2021 Budget Law (see Article 1, paragraph 16, Law 178/2020) increased from 50% to 100% for the two-year period 2021 and 2022, up to a limit of €6,000 per year.
Below is a summary of the most important points contained in the circular issued by the Institute.
Firstly, it should be noted that approval from the European Commission is pending regarding the possibility of applying this benefit. Therefore, as of today, the measure is not yet operational.
In a subsequent message, following completion of the procedural process, INPS will provide instructions on how to take advantage of the legal measure in question, including with regard to the management of previous periods, starting from January 1, 2021, when this measure comes into effect.
The institute, with a broad interpretation of the provision introduced by the Budget Law, has recognized that, in addition to permanent hires and conversions to permanent contracts of previous subsidized contracts, fixed-term hires are also eligible for the subsidy.
BENEFICIARY EMPLOYERS
The circular specifies that the incentive can be used by all private employers, including:
employers who are "entrepreneurs" pursuant to Article 2082 of the Italian Civil Code, i.e., those who professionally carry out an economic activity organized for the purpose of producing or exchanging goods and services. This classification also includes public economic entities, as well as public bodies involved in privatization processes (transformation into joint-stock companies), regardless of whether the capital is publicly or privately owned, land reclamation consortia and industrial consortia, moral and ecclesiastical entities;
agricultural employers;
"non-entrepreneurial" employers, such as cultural, political, or trade union associations, voluntary associations, professional firms, etc.
The incentive does not apply to public administration bodies or domestic employers.
PERSONS ENTITLED TO EXEMPTION
By virtue of the reference made in Article 1, paragraph 16, of the 2021 Budget Law to Article 4, paragraphs 9 to 11, of Law No. 92/2012, INPS specifies that the exemption applies to the hiring of disadvantaged female workers.
The following categories fall under the definition of "disadvantaged women" (Article 4, paragraphs 8 to 11, of Law No. 92/2012):
women aged 50 or over who have been unemployed for more than 12 months;
women of any age, residing in regions eligible for funding under the European Union's structural funds, who have not had regular paid employment for at least six months. With regard to this category, it should be noted that, in order to meet the requirement, the worker must be resident in one of the areas identified in the Regional Aid Map 2014-2020, approved by the European Commission on September 16, 2014, and subsequently amended by a decision of the same Commission on September 23, 2016. In this regard, it should be noted that there are no time limits regarding the requirement of residence in the disadvantaged areas specifically provided for in the aforementioned Charter and that the employment relationship may also take place outside the areas indicated.
women of any age who work in professions or occupations in economic sectors characterized by marked gender inequality in employment and who have been "without regular paid employment for at least six months." These sectors and professions, referred to in Article 2, point 4, letter f) of Regulation (EU) No. 651/2014, are, as provided for in the decree of the Minister of Labor and Social Policies, in agreement with the Minister of Economy and Finance, of April 16, 2013, and reiterated in the circular of the Ministry of Labor and Social Policies No. 34/2013, "identified annually by decree of the Minister of Labor and Social Policies, in agreement with the Minister of Economy and Finance," on the basis of the results obtained by ISTAT. For the purposes of legitimate recognition of the benefit, the unemployed woman must be hired in a sector or profession included in the list in the aforementioned decree.
women of any age, regardless of where they live, who have been "without regular paid employment for at least twenty-four months." In this regard, it should be noted that, in order to comply with the requirement, it is necessary to consider the 24-month period prior to the date of hiring and verify that during that period the worker in question did not perform any subordinate work linked to a contract of at least six months' duration or any coordinated and continuous collaboration (or other work referred to in Article 50, paragraph 1, letter c-bis) of Presidential Decree No. 917 of December 22, 1986, known as TUIR) whose annual remuneration exceeds €8,145 or, again, self-employment activities producing a gross annual income exceeding €4,800.