Abbiamo fatto a Paolo D’Onofri, consulente del lavoro abilitato presso l’ordine di Bologna, 3 semplici domande dopo una nostra analisi circa la questione “È giusto chiedere quanto è lo stipendio?”
Ecco le risposte
Paolo generalmente sembra che i ristoratori abbiano timore a far firmare un contratto quasi che questo fosse un matrimonio indissolubile per il quale bisogna avere certezze matematiche e assolute sulla qualità del dipendente che si andrà ad assumere. Ma è necessaria tutta questa certezza o il datore ha degli strumenti per provare il dipendente pur assumendolo in regola?
Nessun datore di lavoro può avere certezze sulle qualità di un dipendente appena assunto, specularmente gli stessi dubbi sulle aspettative professionali ed economiche preoccuperanno il lavoratore. Lo strumento a disposizione delle parti per risolvere questo problema è il periodo di prova (cd patto di prova). Durante tale periodo di tempo, entrambe le parti possono recedere dal contratto di lavoro senza avere l’obbligo di dare un preavviso o una particolare motivazione. È utile sapere che il periodo di prova deve risultare da atto scritto pena la sua nullità ed è applicabile alle assunzioni a tempo determinato, all’apprendistato ed anche nel caso di un lavoratore disabile assunto obbligatoriamente. La durata massima prevista per legge è di 6 mesi ed ogni CCNL prevede poi periodi inferiori in base all’inquadramento del lavoratore. Può capitare che un ristoratore voglia assumere nuovamente un lavoratore precedentemente impiegato presso la sua attività. In questo caso, prendendo ad esempio il CCNL Turismo Confcommercio, viene esclusa la possibilità di effettuare un nuovo periodo di prova, se non sono trascorsi almeno 2 anni e si vuole assegnare la stessa qualifica del rapporto precedente. Una possibilità che viene data alle aziende per una più approfondita valutazione dei dipendenti è quella di non confermare il lavoratore rispetto al contratto per il quale si è concluso il periodo di prova, e di stipularne uno nuovo, anche questo con periodo di prova, ma per lo svolgimento di mansioni diverse, anche equivalenti o superiori, rispetto a quelle oggetto del precedente rapporto in cui il lavoratore non è stato confermato. Particolare attenzione va posta al modo in cui viene effettuata la prova. Infatti nonostante il principio della libertà del recesso, il lavoratore può impugnare il licenziamento, ma in tal caso spetta a lui provare che sussiste un motivo illecito o discriminatorio per il suo licenziamento o che non è stato messo in condizione, per un qualche motivo, di effettuare l’esperimento pattuito. Vorrei infine spendere qualche parola su una pericolosa prassi purtroppo abbastanza consolidata nel mondo della ristorazione. Mi riferisco alle giornate di lavoro in nero che spesso vengono fatte fare ai lavoratori prima della stipula del contratto e del conseguente inizio del periodo di prova. Oltre all’evidente pericolo di sanzioni per lavoro nero, in caso di mancata conferma del lavoratore, l’azienda si espone ad una pericolosa vertenza.
Accertato quindi che è possibile testare il valore di un dipendente in base alle mansioni richieste senza per questo sentirsi vincolati da subito da chissà quale catenaccio/contratto, passiamo ora alla valutazione. In base a cosa andrebbe stabilito il compenso di un dipendente? C’è un fattore di variabilità e se si di cosa si tratta?
La retribuzione rappresenta l’elemento fondamentale del contratto di lavoro e determina i limiti della convenienza economica del rapporto per entrambe le parti. In particolare l’art. 36 della Costituzione e l’art. 2099 c.c. dettano le linee generali circa la quantificazione e la corresponsione della retribuzione. Nella pratica l’applicazione di questi principi è demandata alla contrattazione collettiva che assolve quindi ad una fondamentale funzione tariffaria, stabilendo il salario minimo di riferimento per i singoli livelli previsti dal contratto stesso. Per rispondere quindi alla tua domanda si può affermare che bisogna far sempre riferimento al CCNL di categoria stando ben attenti ad individuare il livello corretto in base alle mansioni assegnate al dipendente, ferma restando la possibilità di introdurre deroghe migliorative mediante patti individuali. Le retribuzioni previste dai CCNL non sono fisse ma possono aumentare in base ai rinnovi contrattuali e alla corresponsione di alcuni elementi come gli scatti di anzianità che maturano in base in base agli anni di servizio prestati. Per quanto riguarda la scelta del CCNL è importante tenere presente che nel nostro ordinamento non vi è alcun obbligo da parte del datore di lavoro, non iscritto ad una organizzazione datoriale firmataria di un contratto collettivo, di applicare il Ccnl del settore merceologico in cui l’impresa opera, né sussiste il dovere di applicare “un” contratto collettivo. Sussiste però l’obbligo di riconoscere ai lavoratori una retribuzione non inferiore ai minimi tabellari del Ccnl di settore in virtù del sopra citato art. 36 della Costituzione.
A questo punto allora ti facciamo la stessa domanda che spesso leggiamo nei gruppi e forum:
“E giusto chiedere quale sarà il proprio compenso durante il colloquio di lavoro?”
Il tema è molto dibattuto e può rappresentare la classica buccia di banana per molti candidati. Normalmente è bene lasciare che sia il selezionatore a parlare per primo di retribuzione. Se questo però non avviene ritengo sia giusto introdurre l’argomento. Ci sono vari modi di affrontare la questione, il migliore prevede di arrivare al colloquio preparati. Questo significa avere già un’idea del livello di inquadramento previsto per la mansione a cui ci si sta candidando e di conseguenza sapere la relativa retribuzione prevista dal CCNL. In questo modo si può assegnare un valore corretto alle proprie competenze, valore che possiamo aggiungere alla retribuzione prevista dal contratto ed avere cosi una base di partenza plausibile per affrontare la trattativa con il datore di lavoro. Chiaramente non è applicabile a tutti i ruoli ma il candidato che propone per primo un elemento della retribuzione variabile in base ai risultati suscita spesso una buona impressione.
Grazie Paolo!
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Per*form”ance (?), n. The act of performing; the carrying into execution or action; execution; achievement; accomplishment; representation by action; as, the performance of an undertaking of a duty.
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An effortless combination between form and function, the Adidas Performance Questra Quartz ADP6138 Watch delivers all that your sporty and active life might need at an amazingly competitive price point.
It’s almost for a century that the Adidas Group has been around and recently, they shifted their gaze from footwear, apparel and accessories to casual and sport watches. The Adidas Performance Watches is borne out of this endeavour from the brand; it’s a simple watch but nevertheless, brilliant.
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The dynamic design of the Adidas Performance Quartz Watch owes to its rather large and bright digital display and a very prominent, golden bezel that makes it readily noticeable without hitting the eye. Its dull shine with the indications of the functions assigned to each button is a big advantage while viewing in the dark.
The rugged plastic case housing of the Adidas Performance ADP6138 Watch is slightly on the larger side and 13mm thick and comes with a 50 meters or 165 feet of water resistance. The large case also helps in occupying a larger surface area on the wrist and ensuring a firmer grip while the stability of the rugged mineral crystal ensures things are not going to break any soon.
The Adidas Questra Quartz ADP6138 Watch is versatile due to its combination of a stopwatch, an alarm and a backlit LCD. Whatever the light condition might be, it takes care of it. Unlike many other higher priced chronograph watches, it allows using the stopwatch in dark and the alarm also helps you to set limits to your sporting activities.
Therefore, if you want a reliable wrist partner for at least a decade that won’t break even under heavy pressure and demand, look no further than the Performance Questra Quartz Watch. It’s going to be your go-to watch for all your busy activities, whether on the tracks, in water or amidst an urban life.
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