Commerce social partners sign new agreement in ITALY to fight crisis
Labor Pact for tertiary, distribution and services sectors
23rd June 2009
1. Employment
The economic crisis that has been affecting our country is gradually starting to hit the tertiary, distribution and services sectors, increasing the concerns for the future of the affected sectors and relative employment levels.
The parts consider indispensable to promote in the short term and for the crisis, which according to estimates will have negative effects during 2010 as well, initiatives and policies of support to employment and to the reorganization of the sectors, avoiding the depressive effect caused by the shutting down of thousands of activities and the loss of many jobs, with the imaginable consequences in terms of social cost and further cooling down of consumer purchases.
Consistently whith what has been stated, the parts consider a primary objective the defence of emplyment levels, to avoid that the crisis may determine a dangerous worsening of professional heritage, damaging even more the weakest, starting from women and young workers, both through the loss of permanent employment due to closure of the activity, and through a heavy reduction of short term contracts.
To this end, the parts consider necessary to favour the stability of labor relations also when in presence of companies suffering a crisis, through the use of all the managing tools allowed by current laws (CIG in deroga and CIGS1 type A and B solidarity contracts2, also in companies with less than 16 employees, working time reduction, etc. )
For this reason dialogue tables will be opened at a territorial level, to define how to implement the procedures aimed at the safeguard of employment levels.
Consistently, the parts, taking in account a further strenghtening and expansion to workers now not included of those policies for the support of public wages, as a consequence of the establishment of regional crisis units, consider useful to verify, following the principles stated in the common paper submitted and signed by the parts the 25/3/2009 and in the framework of the financial compatibility of the currently pursued objectives, the integration function which may be done by bilateral initiatives in the sector3.
2. Fiscal and contributory policies
To achieve the objectives in terms of employment level defence, it is every day more urgent for the Government to summon a sector meeting with the signatory Organizations of this pact, so to consistently implement what is stated in the Common Paper signed by the social parts the 25/03/09 and to determine further necessary measures for the support of a qualified development of the sector, based on the growht of the competitiveness capacity of eneterprises and on the guarantee of a stable and continous employment. To this end, mechanisms that favour companies that don't implement structural reorganization including personnel reduction should be introduced and already existing facilitations for those companies that increase employment levels should be strenghtened.
Considering this scenario, it is fundamental to modify the fiscal leverage, meant as an intrument for the support of development, for an equal redistribution of income and struggle against irregular employment. The parts therefore consider appropriate a public intervention with the aim of reducing the distance between total costs payed for labor by companies operating in the tertiary, distribution and services sectors and the after taxes remuneration received by workers.
Considering those measures to be charged to the generic fiscal policies, aimed at such objectives and consistent with a rebalance of tax burden between central and local governments, which would not cause an increase of tax pressure on citizens, the following should be supported:
On one side, the mechanism of flat rate deductions from the IRAP4 taxable base of some contributory items and a part of the sums payed to the company as down payment for redundancy fund processes;
on the other, increasing deductions on employment income and tax reduction on wage increases binded to productivity.
In addition, with the aim of reaching a rebalance of the contributory structure as well, it will be essential to activate appropriate legal measures meant to progressively reduce the expenses charged on the worker, supported by social performances, for the safeguard of a universal and public system of social security and assistance.
3. Bargaining
With the aim of favouring the achievement of the main objective, the defence of employment levels, and facing the existing crisis existing in the sector and pursuing the objective of causing an increase of purchases through better competitiveness, productivity and organisational efficiency margins of the enterprises operating in the sector, the parts reaffirm second level bargaining5, territorial or company level, as the instrument for determining answers that are close to the necessities and traits of companies and workers during the current crisis, and, to this end, consider important to additionally empower its use.
In particular, anticipating criticism deriving from this situation of crisis, or when second level contracts will have to be renegotiated, a verification of the existing labor norms could be done (working hours, shifts, sunday work, overtime,...) which have been defined through national, territorial or company level agreements, in accordance with cha. II art.6 and cha.III art.10 of the CCNL6 in force.
The most suitable ways of reaching the objective of defending employment levels and achieving a better competitiveness margin for companies defined in terms of work organization, will be agreed upon during second level bargaining.
At the same time, when in a second level negotiation, the primary objectives of defending health and safety on the workplace must be pursued, keeping in mind the expansion of female employment and the defence and professional valorisation, increasing professional training for newly hired workers, starting from apprentices, and continuous training.
4. Union Relations
To fully achieve these objectives, it is essential to qualify the union relations system and best practices, so to determine the utmost convergence, both in the relations between companies in the sector, and in relation to political and institutional decisions, which must take in greater consideration the problems of this sector.
The parts therefore agree to coordinate their actions to manage this crisis and commit,in compliance with the CCNL in force, so to favour dialogue and avoid unilateral actions that may erase the effects of second level bargaining in being.
In particular, when in presence of difficulties witin a company, the company will communicate to the Union Organisations the situation of the crisis, so to allow a joint evaluation of the possible handling tools.
The parts, committing to keep up to date and constant the dialogue regarding employment levels in the interested sectors, will meet again within the 31/12/09 to monitor the effects of the measures proposed hereby, with the objective of removing any obstacles to the full implementation and efficient enactment.
This Labor Pact for Tertiary, Distribution and Services is part of the CCNL of 18th July 2008, which is meant as fully confirmed and acknowledged.
During the drafting of the said CCNL 18th July 2008 thereto the articles sunday work and apprenticeship the following will be added:
Minuted Statement:
The parts recognise that the object of the present article is part of the subsequent agreement of 23rd June 2009, see “Labor Pact”, and that the objectives there indicated, the implementation modalities and where the verification will occur will be a primary task for the parts during the duration of the contract.
The parts agree to meet within and not after the 24th of July, so to reach the final draft of the Unified Contract Text (Testo Unico Contrattuale).
1. Financial support for temporarily suspended workers
2. Contracts involving collective working hours reduction
3. Collective bargaining tools allowed by the national sector contracts
4. Regional Income tax
5. Contract in addition to the national level one. May be territorial or company level
6. National Labor Contract for the sector