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Professional apprenticeship or trade contracts

It is aimed at learning a trade or obtaining a professional qualification and is intended for individuals aged between 18 and 29. It can also be stipulated by public bodies. The duration and methods of delivery of the training, as well as the duration of the training part of the contract (in any case not exceeding 3 years or 5 for the professional profiles characterising the figure of the craftsman) are defined by inter-confederal agreements and collective agreements. The professionalising and trade training, carried out under the responsibility of the company, is integrated by the public training offer, internal or external to the company, aimed at acquiring basic and transversal skills for a total amount not exceeding 120 hours for the duration of the three-year period and regulated by the Regions.

Higher education and research apprenticeship

It is aimed at obtaining secondary and tertiary education qualifications, including research doctorates, technical specialization, as well as carrying out an internship for access to professional associations and is intended for young people between 18 and 29 years of age. It can also be stipulated by public bodies. The minimum duration of the apprenticeship training period is six months, unless it is a seasonal activity (in which case the duration may be shorter). The apprenticeship path can be started at the end or during the course of studies.

The regulation of apprenticeships is left to the individual regions. With reference to apprenticeships for higher education and research, the agreement stipulated between the Sicilian Region, the social partners and the university institutions on 15 June 2012 – “Agreement for the regulation and duration of the apprenticeship period for research activities, for the acquisition of a diploma or for higher education courses” -, provides that the duration of the training component of the apprenticeship contract for the achievement of: Bachelor's degree is not more than 36 months; Master's degree is not more than 24 months; Master of I and II level is not more than 24 months; Research Doctorate is not more than 36 months.

For access to professional associations, the training component of the apprenticeship contract cannot exceed 36 months. The agreement also provides that: the duration of the training courses can be increased up to a maximum of 6 months in the event that placement and orientation activities are necessary aimed at starting the training course and issuing the qualification; the structure and methods of delivery of the training courses are defined in the Individual Training Plans (PFI) shared between the training institutions and the companies or associations representing the companies.

The reform contained in Law 28 June 2012 n.92, as amended by art. 46bis of Law 7 August 2012 n.134 for the conversion of Decree Law 22 June 2012 n.83 (Urgent measures for the growth of the Country), strongly values the apprenticeship contract as the prevalent way for young people to enter the world of work (art. 1, paragraph 1, letter b).

• A mechanism is introduced that links the hiring of new apprentices (by those who have at least 10 workers in their employ) to the fact that 30% of them have been confirmed in service, at the end of the training course, in the last three years up to 18 July 2015 and 50% thereafter, under penalty of considering the apprentices hired in violation as permanent employees.
• The minimum duration of the apprenticeship period is expected to be six months (without prejudice to the possibility that the CCNLs provide for a shorter duration for the performance of seasonal activities).
• From 1 January 2013 and for companies that employ at least 10 units, the ratio between apprentices and specialized workers must be 3 to 2. This ratio cannot exceed 100% for employers who employ fewer than ten workers. Furthermore, an employer who has no employees or a maximum of two employees cannot hire more than three apprentices. This requirement does not apply to craft businesses to which the provisions of Article 4 of Law No. 443 of 8 August 1985 apply.
• Apprentices are included among those who can benefit from employment insurance (ASpI – social safety net which, starting from 1 January 2013, will replace income support benefits in the event of job loss).
• A contribution obligation (equal to 1.31% of the taxable salary for social security purposes) is introduced in favor of the employment insurance (ASpI) for the employer who hires an apprentice. Therefore, also for apprentices, in the event of termination of the employment relationship due to resignation or termination with notice by the employer, the latter is required to pay a contribution equal to 50% of the initial monthly payment of the Aspi, for every 12 months of seniority in the company in the last three years.
• The possibility of hiring apprentices through an employment agency with a fixed-term supply contract is excluded. However, it is possible to supply one or more apprentice workers for an indefinite period in all production sectors.
• The prohibition on piecework pay and the prohibition for the parties to withdraw from the contract, during the training period, in the absence of a just cause, are foreseen.

An employer without specialized or qualified employees or with fewer than 3, may still hire up to 3 apprentices. The size limits set by the framework law on crafts (L.443/85) apply to artisan businesses. The contract must be in writing and include, within 30 days of signing, an individual training plan.

At the end of the training period, the relationship may continue as an ordinary permanent employment relationship or one of the parties may terminate the contract with notice, pursuant to the provisions of Article 2118 of the Civil Code. Law 92/2012 has specified that the provisions of the apprenticeship contract continue to apply during the notice period.

Apprenticeship applies to all sectors of activity, including agriculture, employers' associations and trade unions. The employer – until the training booklet is operational – can issue a declaration for the verification and certification of the skills and training carried out by the apprentice.

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