The Social Security Institute (INPS) has provided some clarifications on the updates to the work contract transformation rules and laws put forward by the “Collegato Lavoro” (Work Annex). These stipulate transformations of first-level apprenticeship contracts into either professional apprenticeship (second-level) contracts, or high education and research apprenticeship contracts, as well as contracts supporting regional vocational training. This situation was introduced by article 18 of the Work Annex (Law no. 203/2024), which modified paragraph 9 of article 43 of Legislative Decree no. 81/2015, relating to apprenticeships for professional qualifications and diplomas, higher secondary education diplomas and higher technical specialization certificates (known as first-level or academic apprenticeships).
The INPS highlights that such a “contract transformation”, while maintaining the continuity of the employment contract made between the parties, involves updating the individual’s study plan. It also respects the requirements concerning qualifications required to access the paths, going from initial first-level apprenticeships to high-level training, research and regional vocational education apprenticeships.
More specifically, this transformation is done under article 45, paragraph 1, of the Legislative Decree n. 81/2015, of extending the training period aimed at achieving:
– University degrees and further education,
– Advanced research doctorates,
– Diplomas from superior technical institutes (as referred to in article 7 of the DPCM 25 January 2008),
– Carrying out research activities, and
– Carrying out internships for access to professional orders.
The INPS reminds that according to paragraph 2 of article 45, employers intending to sign a high education and research apprenticeship contract are required to input into a protocol with the training or research body where the student is registered. This protocol sets out the length and modalities of the on-the-job training, and specifies that external company training should not exceed 60% of the standard hourly limit.
Apprentices’ pay is regulated similarly to the scheme for first-level apprenticeships.
In relation to training aspects, it should be noted that the regulation and duration of the apprenticeship period are left to the Regions and the autonomous Provinces of Trento and Bolzano. These parties work in agreement with the trade unions, universities, superior technical schools and other training institutions.
In the case of converting a first-level apprenticeship to a higher education and research apprenticeship, the reductions referred to in article 1, paragraph 773, fifth period, of Law No. 296/2006, apply only to contributory periods relating to the first-level training. Therefore, contract transformation as per article 43, paragraph 9, of Legislative Decree No. 81/2015 does not entail a new employment relationship but continued employment. Factors including employer contribution rates and taking into account NASpI and continuous training financing are also provided. For employers applying for ordinary and/or extraordinary income integration treatments (CIGO/CIGS) and the bilateral solidarity funds, the contribution rate is further increased by the financing rates of the relative services.
