The Ministry of Defense studies a plan to stabilize the future precariousness of the armed forces. But the European Court ...

15/04/17

There will be a permanent job for the armed forces precarious. The Council of Ministers has recently approved a draft law, presented by Defense Minister Roberta Pinotti, which signs the reorganization of the Defense division which currently consists of around 80 per cent of professionals and of 20 per cent from volunteers with fixed stops. .

However, some delegations remain alive, which the government will have to decide whether to carry out and among which the possibility stands that by 2024, the quota of a 40 per cent of temporary military volunteers will be reached, who complete the seven-year standstill , will be accompanied on a path of insertion into the world of work ..

The 9 article of the bill establishes in fact that the realization should be prepared "of an organic regulatory system aimed at facilitating the reintegration into the labor market of military personnel, organized according to criteria of increasing protection and including differentiated measures according to the destination for public or private employment, by means of rationalization or improvement of the provisions in force". Facilities are also introduced such as" leave allowance (already present for the volunteers of some time ago) and further tools consisting of professional training aimed at reintegration through the construction of a specific military professional curriculum and the creation of a computerized register. of the skills acquired during the service, aimed at favoring the encounter between the demand and the job offer ".

Minister Pinotti, following the indications of the White Paper on Defense, agreed with the Amate Forces Major States to create a model of defense with staff made up of professionals for a 60 per cent while an 40 per cent will be reserved for volunteers who after seven years of service will then have to reposition themselves in the world of civil work with the support of the state.

This means that approximately 60 thousand volunteers in fixed stops (VFP) who from today up to the 2024, will enlist in the Armed Forces, after the leave will have to be inserted in a facilitated path to get a permanent job. In hypothesis there could be the world of education and the industries of the Defense sector. We could suggest to consider not only the state police bodies but also the local ones that often have personnel that do not come from military-type training.

The policy, however, has in fact disregarded the rulings of the European Court of Luxembourg which with two coordinated measures, reject the Italian legislation on the abuse of flexible contracts in the PA, which involves 133 school employees, 30 healthcare workers and 70-80 between Regions and local Bodies and also the forgotten military and civil defense personnel, as in clear contrast with Directive 1999/70 / EC. In fact, fixed-term relationships cannot be a problem that affects only workers, as the damage is not compensable, and therefore must be assumed by the State as an employer who must comply with Community rules. These are two judgments that clearly indicate to the Italian State the urgent need to review the relevant rules and practices.

Therefore, if Italy does not comply with the EU rules on temporary public employees, then it must prepare to hire the 250 thousand temporary workers with fixed-term contracts who work in the public administration (based on an estimate provided by the Minister of Public Administration and Simplification, Gianpiero D'Alia, during a hearing in the Chamber), of which about 133 thousand in schools, 30 thousand in health care and 70 - 80 thousand between Regions and local bodies, while the military and civilian precarious workers of the sector are missing. Defence.

The Ministry of Defense should therefore rethink its model on the basis of these new European sentences without forgetting its current precarious to which it has not given today a clear destination, considering that for several years it continues to use military of the category VFP1 and VFP4 that they can reach with successive checks from 3 to over 7 years of service, as well as officers belonging to the Completion Forces (coming from the complementary courses carried out after a selection in a public competition) and of which those admitted to the selected Reserve (which instead they are Italian citizens appointed directly in the grade in application of the Marconi law). Both are employed in fixed-term service by virtue of their professionalism not available in the FA staffing area, covering a series of technical and "expert" professional needs to the benefit of the Defense administration and with a saving of resources considerable financial resources. To date, a limited number of officers are on duty who have far exceeded the three years of service or are about to reach them shortly. This staff in particular performs service in several infra periods, suffering from a state of enormous unease associated with this particular status.

NOW BUT NOW YOU MUST TAKE NOTE THAT THERE IS A SITUATION THAT REVEALS THE MATURATION OF A RIGHT TO KEEP A STABLE USE WITH THE DEFENSE ADMINISTRATION.

From this condition the Ministry of Defense must acknowledge that it is necessary to prepare a stabilization plan which, in execution of European judgments, will eliminate these precarious pockets during the reorganization, admitting them to the right to set up an employment relationship with undetermined time.

This operation, even before applying the European judgments, must be framed above all as an advantage of the Defense Administration in achieving its aims, thanks to the use not only of personnel who have carried out military training with courses and patents of particular interest, but above all of specialist professional skills which, not being available within the workforce, entail a saving of financial resources in relation to the market costs that should be used. The stabilization action should operate principally with respect to those personnel who, outside of employment in the FA, do not have a permanent employment relationship with any employer. This will be possible either with a direct conversion of the employment relationship for the transit in the permanent service, or through competition with titles, in order to prevent the Defense Administration from being called upon to face a dispute of great overall burden in the face of the rights accrued by the interested parties. .

Historically, a decade ago only the Carabinieri officers who had served at least three years of service were stabilized because they were considered as a police force.

Meanwhile, officers and soldiers of the Italian Armed Forces on a fixed-term basis continue with the utmost dedication and passion to serve their country in the hope that someone will remember their commitment and their hopes given that the European rulings also apply in Italy.

Valerio Arditi

(photo: defesa.it)