Personnel Classification and Functional Mobility in Labor Law
Personnel Classification System
The personnel classification system is regulated by Articles 22-25 of the Workers’ Statute. It is collective in nature, requiring adherence to a collective group, and may be subject to a collective enterprise agreement.
Personnel Classification Criteria
Personnel classification is based on several criteria, including professional groups, occupational categories, and functional levels.
1. Professional Groups
Professional groups integrate various functional roles and share a common element, such as the level of professional or academic qualification, or the type of work performed. Examples include Group 1, Group 2, Group 3, and Group 4.
2. Occupational Categories
Occupational categories represent a more traditional or historical classification criterion, often established within industrial sectors. Historically, these were defined by Ministry of Labor orders to facilitate agility in labor relations.
3. Functional Level
The functional level describes the specific functions performed by workers within their roles.
4. Compensation Level
The compensation level classifies staff within a company or sector based on their remuneration.
Employer Advantages of Professional Groups
Employers gain significant advantages by utilizing professional groups, primarily due to their direct relation to functional mobility. Functional mobility refers to the ability to change a worker’s roles or the services initially contracted, offering flexibility in workforce management.
Horizontal Functional Mobility
Horizontal functional mobility allows an employer to unilaterally change a worker’s functions, provided these changes remain within the same occupational group. This measure:
- Requires no specific justification.
- Is not limited in time, offering significant flexibility to employers (exercising corporate power).
- Requires the worker to be capable of performing the new functions.
Remuneration is generally unaffected, as pay scales are typically established within the professional groups.
Mobility Between Equivalent Levels
Levels are considered equivalent when the employee can perform the essential basic functions required, even if minimal additional training is necessary.
Vertical Functional Mobility
Vertical functional mobility involves changing a worker’s functions to a different professional group. This can be either ascending (promotion) or descending (demotion). This type of mobility is more restricted for the employer:
- It requires a technical or organizational justification, typically documented in writing.
- It is limited in time, only permitted for the absolutely necessary duration.
Temporary Limit for Promotion Claims
If a worker performs functions of a higher professional group for more than six months within a year, or eight months within a two-year period, they are entitled to claim promotion or demand that the vacancy be covered. According to Article 24 of the Workers’ Statute, the right to claim promotion depends on whether the position or vacancy is suitable for the employee.
Collective Agreements (CC) typically establish the criteria for promotion, such as:
- Seniority
- Merits
Workers performing higher-level functions must receive wages commensurate with that higher category during the temporary assignment.
Vertical Functional Mobility: Demotion
Vertical functional mobility downwards (demotion) is subject to strict conditions:
- It must be justified by technical or organizational reasons.
- It must be for the strictly necessary and minimum possible time.
- It should ideally be unexpected (in terms of its necessity, not its implementation).
- It cannot be economically damaging to the worker.
Functional Versatility Clause
A functional versatility clause must be mutually agreed upon. When included in a contract, it obliges the worker to perform functions belonging to two or more professional occupational groups or categories.
The Trial Period Clause
Article 14 of the Workers’ Statute defines the trial period as a condition precedent for the employment contract. If the trial period is exceeded without termination, the contract becomes permanent. Termination during the trial period is technically a business discontinuance, allowing for dismissal without cause. The Supreme Court (TS) requires the employer to demonstrate that the purpose of the trial period was genuinely to assess the worker’s suitability.
Duration of the Trial Period
The duration of the trial period is crucial and is primarily determined by the Collective Agreement (CC). If the CC does not specify, the following maximum durations apply:
- Technical Graduates: Six months.
- Other Workers: Two months.
- Firms with Fewer than 25 Employees: Three months for non-technical graduates.
- Internship Contracts: Special durations apply (e.g., typically one month for mid-level qualifications, two months for higher-level qualifications, as per CC).
It is essential that the trial period is expressly stipulated in writing within the employment contract; otherwise, no trial period is considered to exist.
Termination During the Trial Period
If an employer decides to terminate the contract during the probationary period:
- The employer must notify the worker.
- The worker is generally not entitled to compensation for dismissal.
- The employer must pay the worker’s settlement (accrued wages, vacation, etc.).
- No prior notice is required, unless specified otherwise in the Collective Agreement.
It is important to note that termination during the trial period is not considered a resignation but rather an extinguishment of the employment contract.
Special Cases Affecting Trial Periods
The Workers’ Statute allows for specific circumstances where the computation of the trial period is suspended or affected:
- Maternity and Paternity Leave: The computation of the trial period is frozen during these leaves. It resumes once the worker returns.
- Termination of a contract due to maternity is considered unjustified during the trial period, offering protection to the worker.