A halter clause is the one called “solve et repete” (translated from Latin: first pay and then ask for a refund).
Don't store avocado like this: it's dangerousA halter clause is the one called “solve et repete” (translated from Latin: first pay and then ask for a refund). In the case of young Treviso workers, a noose around their necks
I hire you, even for just two months, but if you decide to change jobs you have to pay a fine of at least 1000 euros. This is the practice that seems to be dangerously consolidating in many Treviso bars and clubs. A kind of clause halter, say the unions, in the fixed-term employment contract to prevent early voluntary layoffs.
It is, in fact, a real one criminal that he would be making the rounds of the premises of the Marca Trevigiana, known for the quantity of restaurants, bars and trattorias. The complaint of the phenomenon comes from Filcams-CGIL, which reiterates a point: in the first 30 days of probation, while the employer can fire, the employee with this clause cannot leave, under penalty of a substantial penalty.
A waiter hired for two months in case he resigns would have to pay a very high fine, even higher than the basic wage. Vexatious conditions, says Alberto Irone, general secretary of FILCAMS CGIL in Treviso.
Worried about the shortage of manpower, in short, many bars and clubs offer "halter" contracts, in which waiters and bartenders are hired on a fixed-term basis and forced to pay a penalty of between one thousand and two thousand euros if they were forced to resign before the expiry of the contract.
What the contract says
TribunaTreviso publishes an excerpt:
It is understood that the relationship, for its entire duration, is approximately 2 months, will be governed by the national contract for the tourism sector - public establishments and will be automatically terminated on 31 January 2022 without prior notice.
And immediately afterwards he refers to article 2119 of the Civil Code.
You, except for reasons for just cause, undertake not to resign during the entire duration of the employment relationship. The signatory parties hereby agree that any early resignation will result in the application of a pecuniary penalty assessed by mutual agreement at € 1000 (one thousand), without prejudice to the further possibility of requesting compensation for damage.
Summarizing, therefore, for a 2-month contract, an anomalous penalty is quantified and more: the employer also keeps his hands free in the face of a possible further request for damages.
Is all this normal? Not really and all this is dressed in a real vexation. Irone says it plainly to Il Fatto:
There is a legal framework that says that if I am hired for a fixed term and I leave before the deadline, in theory, the employer can make a claim for the period left uncovered. But a different thing happens here: it is a consensual penalty that is imposed a priori. It is proof of how workers' guarantees are getting smaller and smaller.
Sometimes, in short, it seems that this youth work really does not want to be encouraged.
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Source: TribunaTeviso
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