Collective Bargaining Agreement In Italy

How can employers change existing employment contracts? Fixed-term contracts (fixed-term and open-end contracts) can only be concluded with qualified employment agencies. Workers must be subject to the same legal and economic conditions as those available to the staff of the user company. Like fixed-term contracts, employers cannot use staffing contracts to replace striking workers or replace workers who have been temporarily dismissed or have participated in collective redundancies in recent months. The total number of fixed-term contracts must not exceed 20% of the permanent workforce, unless collective agreements set different thresholds. Between the expiry of the treaty and the date of the signing of the next agreement, there are often long delays – sometimes months or years – and there is compensation in the form of lump sum payments. ISTAT figures for December 2019 show that at that time, 44.6% of employees were waiting for an extension of their contracts and that the average waiting time for these employees was 20.4 months. [18] The largest group of workers awaiting a new agreement, due to be negotiated in December 2019, was in the public sector. The ceding and the purchaser are jointly liable for the sums due to the employees of the transferor at the time of the transfer (this protection may be removed for the transferor, provided that the contract is concluded before certain bodies established under Italian law). In addition, employers with more than 15 employees have the right to dismiss workers as part of a collective dismissal procedure. This is the case whenever the employer intends to lay off at least five employees working in the same production unit or in different production units within the same municipality (i.e.

collective redundancies) within 120 days due to the reduction, transformation or closure of activities. Italian law confers special powers on enterprise committees and grants special rights (collective agreements may provide additional powers and rights). Together, the agreements set a new threshold of « representativeness » based on a combination of affiliation (the percentage of union members in the sector belonging to that union) and broader support (the percentage of votes cast in the union in elections for labour union committees called RSU). Eu membership data are provided by companies as part of their existing declarations to the INPS, and the election results are collected by the INPS and the Labour Inspectorate. The degree of representativeness – the representativeness value – is determined by the INPS below the average of these two percentages. Within this period, salaried agents are also entitled to special compensation. As a general rule, part of the aforementioned remuneration is paid up to 80% of his salary by the Italian national social security authority, while the remaining part is paid by the employer, as long as this obligation is provided for by the applicable national collective agreement. Although these rules have been agreed by the main trade union confederations and the main employers` organisations, they have not yet come into force, as the mechanism for collecting the information necessary for the development of trade union representation was not agreed with INPS until September 2019.