Name of Educational Leave Scheme

Paid Educational leave

• Introduction
• Legal framework
• Objectives
• Types of training
• Training providers
• Target sector(s)
• Target group(s)
• Eligibility criteria
• Stipulations for participants
• Duration of training
• Status of participants
• Application procedure
• Regulation, control and monitoring procedures
• Funding mechanisms
• Payment to persons on leave

In Italy, the term 'study leave' has to date only been used in association with the right to education. A similar expression is the so-called '150-hour system'. This system was introduced by means of national agreements and allows employees paid release from the job to obtain a compulsory school qualification. The right to obtain such a qualification using the '150 hour' system was subsequently extended to unemployed. This system thus represents an attempt to introduce the concept of continuing education and training in practice in Italy. This type of study leave which initially was only intended to satisfy the call for more employee training, became a key means of cultural and social integration for the new marginal groups of society for a certain period of time. The Italian system attached importance to the acquisition of a compulsory school qualification (on the basis of Statute 300/70 and contractual provisions), but has also extended to vocational training in the wider context.
The first legislation governing professional development and vocational training (Statute 845/78) introduced the concept of continuing training, placing explicit emphasis on the system's role in fostering education.
Act 196/97 provided for a basic reorganisation of vocational training and laid down the basic principles for professional training in Italy. This act is the vehicle for implementation of the National Labour Agreement of 24th September, which recognises independent continuing education and training as a key element of an employer's staff development policy.
The gap in legislation which has existed between 1978 and 1997 was closed by the collective bargaining agreements and implementation of experiences in local and corporate level.

In Italy the measures relating to training are laid down in statutory provisions and collective bargaining agreements.

LEGISLATION
Article 35, para 2 of the constitution states that the Republic is responsible for the 'training and professional advancement of employees'.

Article 117 of the constitution gives the regions legislative competence for professional training. The responsibility for professional training by each province lies with the provinces themselves according to act 142/90 based on the resolutions of the regions.

The Italian legislature was aiming for a system which took account of regional peculiarities and entrusted the regions with the key institutions for planning and administration of vocational training. Where vocational training is concerned, the central government only performs an advisory function.

The most important Italian laws relating to training are as follows:

• article 10 Act 300 dated 20 May 1970 ('Workers' Statute') which defines how industry must support employees who are undertaking training.
• Th Framework law on vocational education and training 8/45 dated 21 December 1978, which governs the complex as a whole.
• Act 236 dated 19 July 1993 which specifies which professional training programmes are to be given priority and how they are financed.

Act 196 dated 24 June 1997 which reforms Italy's entire system of vocational training and implements continuing education and training (called Pachetto Treu).

COLLECTIVE BARGAINING AGREEMENTS

There are three levels of collective bargaining agreements:

1. National agreements. These negotiations are attended by the national trade-union federations, employers and the government. The most important agreements relating to training are the Official Record dated July 1993. The Labour Pact dated September 1996 and the Pact of Employment and Development dated December 1998.
2. Sectoral agreements. These negotiations are attended by the national federations of employees and the employer organisations of the respective branch. A national agreement defines the conditions for attendance at training courses within companies.
3. Company/workplace agreements. these negotiations are attended by employee representatives and the management of the respective company. They define the form in which the entitlement to training is to be specifically implemented.

In most cases, the negotiations conducted between the partners have enabled the provision of the support to be given to employees undergoing training according to the law.

Legislation

The main objective of the Italian system of vocational training is to improve the cultural, social and professional position of employees.

The laws governing further training and education are incorporated in the Italian legal system. Further vocational training also includes courses for the unemployed.

According to Act 8 45/78 professional and vocational training aims 'to bring employment, production and organisation of work into line with the latest scientific and technological know-how'. Statutory Order 112/98 defines such training as 'all measures which have as their aim professional and vocational integration, improvement, training and re-orientation, for all types of work and for all purposes' The support to be given to employees undergoing training according to Act 300/70 forms part of this general training objective. They are entitled to take 150 hours of leave to attend courses of further training and/or take the obligatory graduation examination (250 hours).

COLLECTIVE BARGAINING AGREEMENTS

The collective bargaining agreements not only provide paid leave for vocational training but also for the purpose of cultural and professional advancement (150 hours).

The National Agreement dated 24 September 1996 makes provision for any independent continuing vocational education and training which is designed to improve the competitive position of employees and maintain levels of employment. The agreement also aims to enhance the cultural and social position of employees. For this reason a resolution was passed for the statutory introduction of a (one year) 'study leave' period (see part 2, educational leave - congedi per la formazione).

The 150-hour system covers courses for:

• a qualification for compulsory school education (stage one);
• a qualification for upper secondary education (stage two) or university education;the unemployed;
• employees;
• persons threatened with exclusion;
• employees threatened by unemployment.

As regards the distribution of courses within the country, there is a noticeable concentration in regions in the north of Italy (53.6 %). The courses provided for immigrants, notably the programmes for linguistic and social literacy are becoming increasingly important. In most cases such courses are taught by voluntary staff. They are designed to teach or improve the immigrants' knowledge of Italian and aim to make them aware of their rights.

Moreover, as far as the curriculum content is concerned, two thirds of the programmes planned by the regions involve the tertiary sector, a very small percentage the agricultural sector, the remaining courses are devoted to industry.

In the public administration system 33.4% of the staff were interested in the courses directed at government employees; of these 20.9% were women. The courses generally target executive-level staff and middle managers. 47,9% of activities offer an introduction to new technology and deal with the restructuring of business organisation.

• The regions provide support and funding for training courses through public and private institutions.
• Industry and the public administration provide support and financing for the training of their staff. In private companies, approximately 5% of such programmes are the subject of direct negotiations with the unions.
• Private and public educational institutions.

Employees in all sectors. The provisions laid down in the national collective bargaining agreements apply to all occupations. However, the provisions of the sectoral agreements can only be utilised by the employees to which they apply.

The original target group was, and still is, employees who had not attained a compulsory education qualification. However, all citizens who have obtained a compulsory school qualification enjoy the right of professional and vocational training. This right can be understood as application of the constitutional principle of the equality and the social dignity of every citizen. Therefore, the 150-hour system was extended to continuing education and training, following Law 845/78.

The introduction of the concept of continuing education and training into Italian law is a confirmation of every citizen` s right to qualifications and advancement in their jobs. Educational initiatives, which can be financed under the framework for continuing education and training, are not only directed at dependent employees (blue and white collar workers, executive-level staff) but also to the self employed, contractors and members of co-operatives. In this context, the educational policy is also of great importance for the unemployed and person undergoing retraining.

In Italy the right to a form of paid educational leave took shape by means of the so called '150 hour system'. During the initial phase of this system the majority of the participants were blue-collar staff, in particular those employed by large organisations. In the last 15 years greater usage has been made of this educational mechanism which has been extended to include all citizens. Today the percentage of industrial workers who make use of it is much lower; the main target groups are now young people and the unemployed who failed to obtain a school qualification, the self-employed, immigrants and housewives.

All employees, who have registered and are regularly attending any course leading to a secondary school qualification, a further education or university-level qualification or a professional/vocational qualification, are entitled to those benefits provided under Article 10 of Act 300/70.All citizens holding a compulsory school certificate are entitled to undertake vocational education and training.

Foreign nationals also have a right to vocational training subject to the possession of a residency permit for the purpose of employment or training.

Salaried employees have a right to paid educational leave of maximum 150 hours, providing the number of staff who are on study leave at any one time does not exceed 2-3% of the total workforce at that time, as stipulated in the national agreements.

LEGISLATION

Article 10 of Act 300/70 para. 3, authorises employers to ask for a certificate from employees undergoing training to confirm they are exercising their right to training, in particular an official document listing any examination taken (certificate, confirmation, or similar document).

COLLECTIVE BARGAINING AGREEMENTS

National agreements require the employee who is taking advantage of the 150-hour scheme to submit certificates documenting registration, course attendance, timetable and examinations taken.s

LEGISLATION

According to the legislation the training programmes must consist of one or more modules, each of which must not exceed 600 hours. Each employee can attend a maximum of four modules (if they attend 4 modules, they need 2400 hours. Employees should alternate between training and work. The timetable and schedule of courses should be organised to allow the employee to attend.

COLLECTIVE BARGAINING AGREEMENTS

Salaried employees

According to the most important national agreements, employees wishing to improve their personal and job related skills are entitled to paid study leave of maximum 150 hours, which must be taken within a period of three years. The leave can also be taken within one year. For those employees applying for accredited courses at the level of a certificate of compulsory school education the entitlement is also150 hours.

The total length of the course must be at least twice as long as the leave taken by the employee. The course must be held at a recognised public or private educational establishment.

Employees undergoing examinations

According to national agreements covering the public sector, employees are entitled to claim 8 days of paid leave in order to take examinations. The national agreement in the metal industry not only provides paid leave for each examination but also two days leave before each university examination. The national agreement for workers employed in the chemical and textile industries offers employees one day paid leave for each day of examinations.

Study leave is recognised in calculating the employees' length of service and pension entitlement.

Under Article 13 of Act 845/78 all persons taking part in professional training and employees engaged in study are entitled to defer their military service.

LEGISLATION

At company level the social partners determine the procedures for the granting of paid study leave up to 150 hours, including submission of applications, eligibility criteria, deadlines, and modes of attendance.

Article 5 of Act 845/78 allocates the responsibility for training courses to regional bodies. The Regions enter into agreement on the delivery of training with accredited providing bodies. The contractual conditions for the organisation of training courses are defined in these agreements. The region supervises the providing bodies by carrying out periodic inspections and financial audits.

Vocational/professional education and training courses sponsored by the Regions are financed by the 'employment fund' (Fondo per l'occupazione) set up under Statute 236/93.

AThe regulations governing implementation according to article 17 of Statute 196/97 provide for the creation of a 'national fund for continuing education and training'; made up of the contributions paid by industry representing 0,3% of the total payroll. The fund is intended to support the organisation of further training courses planned under an industry's training programme or the negotiations conducted between the social partners.

AThe national agreement concluded by managers of small and medium-sized companies (1995-1999) provides for an annual contribution of 600,000 Italian Lire (310 EUR) per manager, with the burden being equally distributed between companies and employees. These funds are intended to support the further training programmes in this sector.

LEGISLATION

According to Article 10 of Act 300/70, para. 2, employees undergoing training, including those studying, who are obliged to take examinations, have a right to a day's leave with full pay for each day of examination.

Article 12 of Act 845/78 states that employees taking part in vocational training are entitled to receive their same pay.

COLLECTIVE BARGAINING AGREEMENTS

The National Agreement dated 24 September 1996 provides for the introduction of 'training grants' at the state's expense to cover any earning shortfalls for employees undertaking study leave.

The agreement also allows a full-time position to be changed to part-time to enable attendance on a training course.