Ispettorato del Lavoro: chiarimenti sulle novità in materia di tirocini

23 marzo 2022 – Con la Nota n. 530/2022, l’Ispettorato Nazionale del Lavoro (INL) ha fornito le prime indicazioni sulle nuove disposizioni in materia di tirocini introdotte dalla legge di bilancio per il 2022 (art. 1, commi da 721 a 726, l. n. 234/2021). I chiarimenti sono stati condivisi con l’Ufficio legislativo del Ministero del lavoro e delle politiche sociali.
In primo luogo, la legge di stabilità (art. 1, comma 721) ha stabilito che, entro 180 giorni dalla sua entrata in vigore, il Governo e le Regioni dovranno concludere, in sede di Conferenza Stato-Regioni, un nuovo accordo per la definizione di linee-guida condivise in materia di tirocini diversi da quelli curriculari, sulla base di una serie di criteri. Pertanto, sino al recepimento delle linee-guida, restano in vigore le attuali regolamentazioni regionali. Tuttavia, la legge di stabilità ha previsto alcune disposizioni immediatamente vigenti.
In primo luogo, i tirocini continuano a prevedere il riconoscimento di una congrua indennità di partecipazione, che informerà anche le future linee-guida. Pertanto, la sanzione prevista dalla legge di bilancio (comma 722) troverà applicazione in relazione alla mancata corresponsione della indennità già prevista dalle vigenti leggi.
Più in particolare, la mancata corresponsione dell’indennità «comporta a carico del trasgressore l’irrogazione di una sanzione amministrativa il cui ammontare è proporzionato alla gravità dell’illecito commesso, in misura variabile da un minimo di 1.000 euro a un massimo di 6.000 euro, conformemente alle previsioni di cui alla legge 24 novembre 1981, n. 689».
In secondo luogo, la legge di bilancio ha inteso contrastare il ricorso fraudolento al tirocinio. Infatti, il tirocinio non costituisce rapporto di lavoro e non può essere utilizzato in sostituzione di lavoro dipendente. In caso di impiego fraudolento, è prevista una «ammenda di 50 euro per ciascun tirocinante coinvolto e per ciascun giorno di tirocinio, ferma restando la possibilità, su domanda del tirocinante, di riconoscere la sussistenza di un rapporto di lavoro subordinato a partire dalla pronuncia giudiziale» (comma 723). L’INL chiarisce che tali disposizioni sono immediatamente operative e il personale ispettivo valuterà il ricorso fraudolento al tirocinio facendo riferimento alle normative regionali attualmente in vigore, nonché alle istruzioni operative già fornite dall’INL con la Circolare n. 8/2018. Inoltre, l’Ispettorato evidenzia che l’ammenda è una sanzione penale, punita con pena pecuniaria. Pertanto, la stessa è soggetta alla prescrizione obbligatoria (art. 20 l. n. 758/1994), volta a far cessare il rapporto in essere in violazione dei principi che ne disciplinano la regolare gestione.


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