Article 11 – Fixed-term employment contract 

by OpenBox | 17-05-2024

The stipulating parties recall the Community and national regulations that define that permanent employment contracts are and will continue to be the common form of employment relationships and that state that fixed-term contracts are a characteristic of employment in certain sectors, occupations and activities to meet the needs of both companies and workers. 

Hiring with a fixed-term contract takes place in accordance with the regulations in force. 

Fixed-term contracts of employment concluded pursuant to Art. 19 of Italian Legislative Decree 81/2015 et seq. may have a duration of no more than 12 months without cause. 

The contract may last longer, but in no case longer than 24 months, only if there is at least one of the reasons envisaged by law. 

The contract may be freely extended during the first 12 months, and thereafter only in the presence of the reasons envisaged by law. 

In light of the peculiarities of the sector, in compliance with the contents of Art. 19, paragraph 2, of Italian Legislative Decree 81/2015, the duration of fixed-term employment relationships between the same employer and the same worker as a result of a succession of contracts concluded for the performance of tasks of the same level and legal category and regardless of the break periods between one contract and the next is extended to 36 months. 

With regard to the workers referred to in the preceding paragraph, the option of hiring on a fixed-term basis or of extension and/or renewal for a term exceeding 24 months may not be exercised by employers that at the time of hiring have not converted at least 20% of the workers whose fixed-term contract expired in the previous 12 months into a permanent employment relationship. 

Pursuant to Article 19, paragraph 3, of Italian Legislative Decree no. 81/2015, in addition to the maximum period as defined above, the maximum duration of the further subsequent fixed-term contract is equal to a period not exceeding six months. The conclusion of this subsequent fixed-term contract shall take place on the premises of the Regional Labour Inspectorate and with the assistance of a trade union representative of the trade unions signing this CCNL the worker is affiliated with and/or mandated. 

The parties agree that fixed-term contract workers may not exceed more than 25% of the annual average – referred to the calendar year preceding the hiring – of the number of permanent workers, with the decimal point rounded up if it is equal to or greater than 0.5. For employers with a maximum of five employees, it is always possible to conclude a fixed-term contract of employment. 

For certain sectors with particular needs and in implementation of the legislative referral to collective bargaining envisaged in Article 19, paragraph 2, of Italian Legislative Decree no. 81/2015 to seasonal activities, as identified in this article and those envisaged in Italian Presidential Decree 1525/1963, the time and percentage limits referred to in the preceding paragraphs do not apply. 

The seasonal nature of pest control and rodent control is recognised. 

In cases as identified above, when a fixed-term employment relationship is established, “seasonality” will be specified in the individual contract as the reason for the fixed term.

The Parties agree that seasonality as defined in the preceding paragraphs is consistent with the legal requirements of Italian Legislative Decree 81/2015 for the application of specific regulations. 

In application of Art. 23 of Italian Legislative Decree 81/2015 the above percentage limit does not apply to fixed-term contracts stipulated:

a) during the start-up phase of new businesses. The start-up phase of a new business is defined as a period of up to 6 months. Permanent workers from contract changes from other sites cannot be included in this rule. At the local level, fixed-term contracts may be agreed to with the trade unions that are signatories to this CCNL during the start-up phase of a new business exceeding this period; 

b) for the performance of seasonal activities, as identified above, and activities as envisaged by Italian Presidential Decree 1525/1963; 

c) for replacement of absent workers; 

d) with workers over 50 years of age.

The Parties agree that workers who have worked in the performance of one or more fixed-term contracts with the same employer for a period of more than 12 months have the right of precedence for permanent hires by the employer in the 12 months following the expiry of such contract for the tasks already performed in the previous fixed-term relationships. This right, in addition to being referred to in the contract of employment, may be exercised on condition that the worker makes a written request to that effect within six months of the expiry of the contract. For workers hired on a fixed-term contract to carry out seasonal activities, the right of precedence may be exercised provided the worker makes a written request to that effect within 3 months of the expiry of the contract. 

Pursuant to Article 24, paragraph 1, of Italian Legislative Decree no. 81/2015, the Parties establish that where possible the right of precedence will be applied within the worksite where such person worked before. 

The parties intend to govern the cases for which the time intervals do not apply in the event of re-hiring with a fixed-term contract of the same worker pursuant to Article 21 of Italian Legislative Decree no. 81/2015. The terms of interruption envisaged by law do not apply in the following cases: 

a) the hiring of workers employed in the seasonal activities indicated in the preceding paragraphs; 

b) replacement of absent workers, when the subsequent hiring is for the replacement of other workers; 

c) hiring of workers laid off at another company; 

d) hiring of recipients of unemployment benefits; 

e) hiring of unemployed workers over 50 years of age. 

The hiring of fixed-term workers to replace workers on maternity or parental leave pursuant to Italian Legislative Decree no. 151 of 26 March 2001 may also take place up to three months in advance of the start of the period of abstention, as envisaged in Article 4, second paragraph, of the aforementioned Italian Legislative Decree no. 151/2001. 

Fixed-term employment may also be brought forward by up to three months in cases of planned absences from work in order to ensure that the worker who is to be absent can work side by side with their replacement (shadowing). For levels 5-6-7, the shadowing can be extended for up to six months.

The duration of the trial period may not exceed the limits laid down for employment on a permanent basis. In the event of fixed-term employment for the same tasks, there is no new trial period. 

In the event of illness and non-occupational injury, job preservation for workers absent under a fixed-term contract is limited to a maximum period equal to one third of the duration of the initial contract, does not extend beyond the expiry of the term affixed to the contract, and in any case may not exceed the duration envisaged for permanent workers. 

At the request of the competent trade unions or the company union representatives/unitary union representative bodies, each year the company will provide these with information on the number, types of activities, geographical location and professional profiles of the fixed-term contracts entered into, information that is useful for monitoring and comparison that can define tools and procedures for a system of progressive stabilisation of fixed-term contracts. 

Hiring under a fixed-term contract is governed by the provisions of this article, in accordance with the regulations in force, and is done according to the same regulations as for hiring on a permanent basis, including the economic treatments envisaged by regional and/or company bargaining. 

For the purposes of Article 35 of Italian Law no. 300/1970 (field of application of trade union rights), workers with a fixed-term contract are counted where the contract lasts more than nine months. 

For anything else not specifically covered, reference shall be made to the law

CLARIFICATION FOR THE RECORD 

The parties mutually acknowledge that the reasons for a replacement that, pursuant to the law as well as this Article, allow employment under a fixed-term contract include but are not limited to the replacement of absent workers with the right to retain their jobs, workers on leave or leave of absence or absent for holidays. 

This clarification, being interpretative in nature, does not affect the legitimacy of fixed term contracts that have already been signed.

Article 10 – Classification of personnel

by OpenBox | 17-05-2024

With regard to the tasks performed, employees are classified in the levels listed below, it being understood that the distinction between white- and blue-collar workers is main tained for the purposes of all provisions (laws, regulations, contracts, etc.) that provide for differentiated treatment and in any case refer distinctly to such workers. 

A worker who performs tasks related to different levels shall be classified at the higher level if the tasks at the higher level prevail, except in the case of a temporary change of tasks. 

The classification of workers in the categories provided for in this article takes place based on general job descriptions, examples of professional profiles and examples. The examples refer generically to the professional figure of the worker, and are therefore mainly formulated in uniform terms. 

The indispensable requirements deriving from the professional characteristics and prerequisites indicated in the job descriptions and professional profiles allow for the clas sification of professional figures not indicated in the text by analogy. 

If specific authorisations and/or qualifications are required to perform certain activi ties, it is agreed that the performance of such activities and the classification in the corresponding level shall be subject to the worker meeting the envisaged requirements. 

MANAGERS

Pursuant to Italian Law no. 190 of 13 May 1985 as amended by Italian Law no. 106 of 2 April 1986, the Parties agree as follows:

1. the determination of the requirements for the category of “manager” is made by the contracting parties to this national labour contract; 

2. with regard to the foregoing, upon first application employers shall attribute the quali fication of manager to the workers concerned with effect from 1/7/1989;

3. pursuant to the combined provisions of Article 2049 of the Italian Civil Code and Arti cle 5 of Italian Law 190/1985, the company is liable for damages resulting from negli gence caused by the manager in the performance of their work; 

4. the aforementioned liability may also be insured by taking out a relevant insurance policy; 

5. the company shall guarantee to the manager employee, including by means of any insurance policy, legal assistance until final judgement for civil and criminal proceedings against the manager for actions that are directly connected with the performance of the duties assigned to them; 

6. in addition to the provisions of the law in force concerning patents and copyrights, subject to the company’s authorisation, managers are granted the possibility of publishing research or works under their name relating to the activities carried out and the use of data and information acquired in the course of such activities;

7. with regard to their needs, as a rule companies will encourage managers’ participation in training initiatives aimed at improving professional skills, including with the help of the relevant local business associations;

8. as from the date on which the company recognises the classification as manager, the workers concerned will be paid a function allowance in the amount of €25.82 per month gross to be calculated on all contractual provisions; 

9. for matters not expressly envisaged herein, reference is made to the provisions specific to the category of white-collar workers; 

10. the parties acknowledge that this regulation fully implements the provisions of Italian Law no. 190 of 13 May 1985 regarding the category of “managers”.

Job description

This level includes managerial staff who, in addition to the characteristics indicated in the job description referred to in level 7 and having experience acquired through pro longed exercise of functions, are responsible for the coordination of fundamental services and offices or carry out activities of high specialisation and importance for the development and achievement of objectives.

LEVEL 7

Cat. White-collar workers with managerial functions 

Job description 

Workers belonging to this level are those who perform management functions that require specific professional preparation and ability with the necessary autonomy and discretionary powers and initiative (within the process assigned) and who are responsible for the expected results/objectives to be achieved.

LEVEL 6

Cat. White-/Blue-collar Workers 

Qualif. High-level white-collar workers with adequate knowledge/experience/powers of initiative. Blue-collar workers with specialised duties and qualifications 

Job description 

This level includes workers who perform high-level functions related to complex activities, which involve advanced preparation, adequate professional and managerial skills as well as extensive experience. 

This level includes workers who perform tasks that require specific specialisations and a high level of qualification and professional expertise. 

These functions are performed with decision-making powers and autonomy of initiative within the limits of the general directives issued to them.

Examples:

1.1 High-level technical/administrative white-collar worker; 

1.2 Specialist in quality, safety and environmental control; 

1.3 Programmer analyst, programmer technician;

1.4 Procurement; 

1.5 Management assistant; 

1.6 Accountant; 

1.7 Service coordinator; 

1.8 Inspector; 

1.9 Operator responsible for the operation of complex systems;

1.10 Head of medium-sized autonomous operating groups in the fields of environment, cleaning, maintenance and installation, logistics.

LEVEL 5

Cat. High-level/Expert 

Qualif. White-collar workers/Blue-collar workers 

Job description 

This level is for workers who perform intellectual or predominantly high-level tasks under conditions of executive autonomy within the limits of the procedures valid in the field of activity in which they operate and possess professional and managerial skills as well as specialised theoretical and technical-practical training. 

This level also includes those who, while working manually themselves, perform with operational autonomy within the framework of directives received, and with the contribution of technical skills that involve knowledge of work technology and the functioning of equipment, functions of coordination and control of the activities of teams or groups, if operating in different complexes.

Profile:

1. Workers who, in addition to having all the characteristics of level 4, carry out operations on complex systems or equipment with executive autonomy and with the contribution of significant skills

Examples: 

1.1 Technician responsible for system operation; 

1.2 Head of operating groups in the fields of environment, cleaning, maintenance and installation, logistics; 

1.3 Multi-purpose maintenance worker; 

1.4 Pest control, rodent extermination and disinfection workers, including with the aid of chemical spraying equipment in accordance with the relevant legal provisions.

Profile:

 2. White-collar workers performing technical and administrative work characterised by a high degree of operational autonomy 

Examples: 

2.1 Accountant and client accountant, budgeter; 

2.2 Supervisor; 

2.3 Programmer.

Profile:

3. White-collar workers engaging directly with users, with responsibility for organising and managing specific activities. 

Examples: 

3.1 Responsible for ticket sales and access control; 

3.2 Responsible for reception, welcoming, accompaniment, caretaking activities.

LEVEL 4

Cat. Lower-level/Specialised 

Qualif. White-collar workers/Blue-collar workers 

Job description 

This level includes workers who, having qualified knowledge of a specialised type, carry out technical-operational activities of a fair complexity, i.e. administrative, commercial, technical activities; workers assigned to (executive) operations and tasks for the implementation of which specific technical knowledge and/or particular technical and practical skills are required, however acquired, also coordinating and supervising activities carried out by other workers. 

Profile: 

1. Workers who, independently and having experience with the processes, perform activities of a complex nature in the cleaning and maintenance of environments. 

Examples: 

1.1 Laminators, sanders, glazers of wooden floors, lead polishers; 

1.2 Team or group leaders who, while working manually themselves, coordinate and supervise the activities of the workers making up the team, group or operational unit; 

1.3 Workers in environmental remediation of sites and/or tanks and cisterns;

1.4 Workers engaged in pruning, planting, putting up posts and fences, cutting with power pruning equipment. 

Profile: 

2. Workers who, based on equivalent instructions or documents in principle, and being familiar with the processes, run systems with tasks of a complex nature for managing and adjusting parameters. 

Examples: 

2.1 Civil and industrial system operators; 

2.2 Specialised workers working in spray booths and painting lines in industrial plants.

Profile:

3. Workers performing transport and material handling with complex and heavy equipment

Examples: 

3.1 Drivers of vehicles for which a C or higher driving licence is required;

3.2 Driver of self-propelled vehicles, loaders, cranes, tractor driver with C licence;

3.3 Warehouse worker operating also with the aid of computers.

Profile: 

4. Workers who, based on guidance or equivalent diagrams, carry out fault-finding, high-precision and complex work for the repair, maintenance, adjustment and installation of machines and systems 

Examples: 

4.1 Specialised maintenance, mechanical, plumbing, electrical, construction worker;

4.2 Worker specialised in system installation, welder.

Profile: 

5. Technical and administrative white-collar workers with executive duties requiring specific professional training 

Examples: 

5.1 Lower-level accountant; 

5.2 Secretary, archivist; 

5.3 Computer systems operator with integrated packages.

Profile: 

6. White-collar workers engaging directly with users, with responsibility for organising and managing specific activities. Lower level white-collar workers who, while directly carrying out assigned tasks, are responsible for activities of medium complexity and supervising operators assigned to them 

Examples: 

6.1 Head of sales of products, books and gadgets with multiple workers, within closed and restricted areas; 

6.2 Head of ticket sales and access control with coordination and control of multiple workers; 

6.3 Head of control activities in libraries, reading rooms, exhibition and museum areas with user support functions; 

6.4 Head of reception and visitor accompaniment activities; 

6.5 Accompanying of groups of visitors and similar activities involving the knowledge of foreign languages; 

6.6 Ticket sales and access control worker, with knowledge of one or more foreign languages where required by the activity.

Profile: 

7. Blue-collar workers in charge of teams and groups of workers engaged in access control and confined areas

Examples: 

7.1 Head of operators tasked with the control of accesses and admission documents;

7.2 Head of operators tasked with the caretaking of buildings or property.

Profile: 

8. Workers who, independently and with experience with the processes, perform activities of a complex nature in pest control, disinfection, rodent control, weed control, dust removal, sanitisation and maintenance of both indoor and outdoor environments. To qualify for level 4 workers must earn an adequate professional qualification by attending a specific training course that can be offered by any training structure, and must in any case include the specifications and the contents prepared by ONBSI, based on the Community Directives and Protocols of the sector. 

Example: 

8.1 Specialised pest control technicians

LEVEL 3

Cat. Executive/Qualified 

Qualif. White-collar workers/Blue-collar workers 

Job description 

This level includes qualified workers assigned to operations of an average complexity (administrative, commercial, technical) for the performance of which normal knowledge and adequate technical-practical skills are required, however acquired, also coordinating workers classified in lower or equal levels. 

Profile:

1. Workers who perform cleaning and maintenance in closed and open environments, using complex equipment and machines 

Examples: 

1.1 Environmental clean-up workers; 

1.2 Facade treatment/cleaning workers; 

1.3 Driver of sweepers and/or machines for which a B driving licence is required;

1.4 Finished cleaners (operating with the use of industrial machinery or self-propelled ladders and/or aerial platforms) or multi-purpose cleaners (having experience, flexibility, multiple work areas, use of innovative techniques); 

1.5 Those responsible for pruning and treatment of trees, hedges, mowing and planting; 

1.6 Qualified workers in spray booths and painting lines; 

1.7 Skilled sterilisation workers. 

Profile: 

2. Workers who, based on instructions or equivalent documents, carry out system operating activities, performing actions of normal difficulty

Examples: 

2.1 Civil and industrial system operators involved in basic activities. 

Profile: 

3. Workers performing transport and material handling with complex equipment 

Examples: 

3.1 Drivers of motor vehicles and motorbikes under 3500 kg (for which a C or D licence is not required); 

3.2 Forklift operator for transporting, sorting and arranging materials, bridge crane operator; 

3.3 Warehouse assistant; 

3.4 Operators carrying out handling with the aid of electronic means. 

Profile: 

4. Food service workers 

Profile: 

5. Workers who, based on detailed instructions and/or drawings, also perform maintenance and repairs with a normal difficulty of execution

Examples: 

5.1 Qualified maintenance mechanical – plumbing – electrical – construction worker;

5.2 Worker qualified as system installer, welder. 

Profile: 

6. Workers carrying out activities of a technical or administrative nature requiring special training and office work or corresponding work experience 

Examples: 

6.1 Terminal and/or word processing operator; 

6.2 Switchboard operator/phone assistance; 

6.3 Worker checking accounting documents relating to the control of materials, checking invoices; 

6.4 Messenger assigned to simple secretarial tasks; 

6.5 Other office tasks. 

Profile: 

7. White-collar workers who, while directly carrying out assigned tasks, are responsible for activities of medium complexity and supervising operators assigned to them in museums, archaeological areas, libraries 

Examples: 

7.1 Ticket sales and access control worker, including with the sale of books and gadgets; 

7.2 Library room attendant and other museum activities; 

7.3 Surveillance and security systems control worker;

7.4 Reception and visitor accompaniment worker.

Profile: 

8. Workers with operational functions of control and caretaking and with the coordination of workers in lower levels. 

Examples: 

8.1 Coordinator of workers controlling access to fairs, exhibitions, theatres, sports facilities, confined areas, buildings; 

8.2 Driver accompanying groups in vehicles of limited capacity and without specific limitations, and operating exclusively within archaeological sites, fairs, museums, areas and buildings. 

Profile: 

9. Workers carrying out pest control, disinfection, rodent control, weed control, dust removal, sanitisation and maintenance in both indoor and outdoor environments using complex equipment and operating machines and with ready-to-use products that can be diluted in water or another vehicle or mixtures of different products, according to instructions received. To qualify for this level workers must earn an adequate professional qualification by attending a specific training course that can be offered by any training structure, and must in any case include the specifications and the contents prepared by ONBSI, based on the Community Directives and Protocols of the sector. 

Example: 

9.1 Qualified pest control technicians

LEVEL 2 

Cat. Executive/Common 

Qualif. White-collar workers/Blue-collar workers 

Job description 

Workers belonging to this level are those who, with a short period of practice/training, are assigned to operations for the performance of which (simple) practical knowledge is required, including with machines and mechanical means not requiring authorisation. 

Workers performing executive tasks requiring general professional training and elementary knowledge of chemicals also belong to this level. 

This level also includes, for the first 18 months of actual service, executive white-collar workers performing simple administrative or technical tasks that do not require special training. 

Profile: 

1. Workers who perform cleaning and maintenance in environments, including using simple equipment and equipped automatic or semi-automatic machines

Examples: 

1.1 Cleaners who wash with automatic or normal systems, who engage in cleaning, including with the use of polishers and vacuum cleaners, as well as window cleaning; 

1.2 Workers who clean and tidy premises, guest houses and similar;

1.3 Common workers who perform maintenance, mowing, pruning, fertilising and cleaning green areas; 

1.4 Driver of small vehicles for which a driving licence is not required;

1.5 Bag transport rotation operators; 

1.6 Workers who select and/or separate production residues and/or material from separate collections; 

1.7 Common workers who clean operating theatres, emergency rooms, etc.;

1.8 Common workers in spray booths and painting lines; 

1.9 Common workers employed in other auxiliary support activities in education, healthcare.

Profile: 

2. Workers who control venues, accesses, delimited areas, equipment with pre-set and/or prearranged instruments 

Examples: 

2.1 Common workers for automatic system control; 

2.2 Porter, caretaker, guardian, unarmed surveillance; 

2.3 Common receptionists, copy services.

Profile: 

3. Workers who transport, handle and distribute materials, including using simple vehicles 

Examples: 

3.1 Workers involved in porterage and handling within the contract; 

3.2 Common messaging workers; 

3.3 Workers who load/unload aircraft and other means of transport in the confined area. 

Profile: 

4. Workers performing simple food service activities 

Examples: 

4.1 Common workers in cleaning and food services. 

Profile: 

5. Workers who, assisting workers of a higher category, perform simple maintenance work 

Examples: 

5.1 Common maintenance, mechanical, plumbing, electrical, construction worker;

5.2 Common maintenance and assembly worker.

Profile: 

6. Workers who, following pre-established instructions and procedures, carry out activities with simple executive tasks 

Examples: 

6.1 typing/shorthand, including with word processing; 

6.2 simple office tasks; 

6.3 switchboard. 

Profile: 

7. Workers who perform control and caretaking activities of venues, areas, goods and equipment in museums, archaeological sites, fairs, car parks, buildings 

Examples: 

7.1 Worker in charge of access control and the verification of related documents;

7.2 Worker in charge of guarding the entrances and rooms of museums, exhibitions, parks, archaeological areas; 

7.3 Worker in charge of access control and caretaking in private and public buildings;

7.4 Caretaker of car parks and non-paying parking areas. 

Profile: 

8. Workers carrying out pest control, disinfection, rodent control, weed control, dust removal, sanitisation and maintenance in both indoor and outdoor environments, also using simple equipment and operating machines and with products that are ready-to use and/or that can be diluted in water, according to the instructions received. To qualify for this level workers must earn an adequate professional qualification by attending a specific training course that can be offered by any training structure, and must in any case include the specifications and the contents prepared by ONBSI, based on the Community Directives and Protocols of the sector 

Example: 

8.1 Common pest control technicians. 

NOTE FOR WORKERS ENGAGED IN OTHER AUXILIARY ACTIVITIES IN EDUCATION, HEALTHCARE (1.9) OF THIS LEVEL 

The parties agree that, as an exception to the job descriptions envisaged for the individual contractual classification levels, common workers employed in auxiliary support activities in the academic and healthcare sector shall be classified at level 2 with parameter 115. 

The salary resulting from the application of the new parameter 115 entails the absorption up to the limit of any similar allowances paid at that company or regional level. The new minimum standard rates for such workers are as follows:

• Standard salary € 737.71 from July 2021 
• Standard salary € 758.81 from July 2022 
• Standard salary € 790.46 from July 2023
•  Standard salary € 811.57 from July 2024 
• Standard salary € 822.12 from July 2025, except as envisaged in Article 73 of the CCNL.

LEVEL 1

Cat. Unskilled 

Qualif. Blue-collar workers 

Job description 

Workers belonging to this level are those who perform simple, manual tasks, including with equipment for which no professional knowledge is required but a minimum period of practice is sufficient and that do not require any authorisation. 

Level 2 workers in their first job in the sector also belong to this level for the first nine months of effective work.

Examples:

• Guardian 
• Unskilled worker not engaged in common cleaning services

NOTE FOR WORKERS IN SPRAY BOOTHS AND PAINTING LINES

Considering that the new classification system envisages the classification of skilled workers at level 3, the parties agree that, as an exception to the new job descriptions envisaged for the individual contractual classification levels, all skilled workers employed in spray booths and painting lines in force as of 1 June 2001 shall be classified at the new level 4, with parameter 125 and with the professional qualification corresponding to the duties actually performed. 

Therefore, the new minimum standard rates for such workers are as follows, as per the annexed table:

• Standard salary € 801.85 from July 2021 
• Standard salary € 824.79 from July 2022 
• Standard salary € 859.19 from July 2023 
• Standard salary € 882.13 from July 2024 
• Standard salary € 893.59 from July 2025, except as envisaged in Article 73 of the CCNL.

NOTE FOR PEST AND RODENT CONTROL WORKERS – TRAINING AND REFRESHER COURSES

The contracting parties agree that training and refresher courses for personnel involved in Pest and Rodent control services should be subject to specific standardisation by the Ministry of Health. 

To this end, the parties give the ONBSI a mandate to prepare a project, to be submit ted to the aforementioned Ministry, based on the provisions of the Directives and Community Protocols specific to the sector, also in cooperation with universities and public bodies that are competent in the field.

The companies will bear the costs for the training of their own employees who will take part in the courses.

Article 9 – Better conditions 

by OpenBox | 17-05-2024

Any individual conditions that on the whole are better than the provisions of this con tract shall prevail. Moreover, all other more favourable conditions remain unaffected.

Article 8 – Trial period

by OpenBox | 17-05-2024

A worker hired for work may be subject to a trial period not exceeding: 

• 6 months for workers at the Manager level;
• 4 months for workers classified as level 7; 
• 3 months for workers classified as level 6; 
• 2 months for white-collar workers classified as level 5, 4, 3 or 2;
• 30 days of actual work, for blue-collar workers classified as level 4 or 5;
• 26 days of actual work, for workers with blue-collar duties classified as level 1, 2, or 3.

Without prejudice to the maximum limits referred to in the preceding paragraph, for blue-collar workers employed under a vertical part-time contract, the trial period may not in any event exceed three months. 

Such trial period shall be evidenced by the letter of employment referred to in Article 5.

During the trial period, all rights and obligations of this contract shall subsist between the parties unless otherwise envisaged in the contract itself.

During the trial period, the employment relationship may be terminated by either party at any time without notice or compensation for termination. 

If the termination is due to resignation at any time or dismissal during the first two months of trial period for level 7 workers and during the first month for level 6 workers, remuneration shall only be paid for the period actually worked. 

If the termination takes place after the aforementioned terms, the worker shall be paid salary up to the middle or end of the current month, depending on whether the termination takes place within the first or second fortnight of such month. 

If at the end of the trial period the company does not terminate the relationship, the worker shall be deemed confirmed and such period shall be counted for the purposes of calculating seniority. 

Blue-collar workers who have already completed the trial period within the same company and for the same tasks in the previous 12 months or in the case of a direct and immediate transfer shall be exempt from the trial period.

Article 7-bis – Combating sexual violence and harassment in the workplace

by OpenBox | 17-05-2024

Considering that violence and sexual harassment in the workplace constitute an abuse and a violation of human rights, the Social Partners signing this CCNL agree to promote initiatives to prevent and combat such unacceptable conduct that is inconsistent  with respect for the human person, The parties fully endorse the principles expressed in  the European Agreement signed on 26 April 2007, “Framework Agreement on Harassment  and Violence in the Workplace”, in ILO Recommendation no. 206 of 2019 and in ILO Convention no. 190 approved in June 2019, and in the Inter-confederation Agreements signed by the Employers’ Associations and the Trade Unions. 

The Equal Opportunities Code pursuant to Italian Legislative Decree 198/2006 specifies the employer’s obligation to ensure working conditions that guarantee the physical and moral integrity and dignity of workers, as well as their psychological well-being. 

To this end, initiatives of an informative and educational nature have been identified aimed at opposing, preventing and not tolerating discriminatory conduct based on diversity, and in particular sexual violence or harassment in the workplace, so as to ensure respect for the dignity of each individual and to foster interpersonal relations based on principles of equality and mutual propriety. 

Company staff and management training programmes must include information about the guidelines adopted on the prevention of sexual harassment and the procedures to be followed if harassment takes place. 

Specific training measures on the protection of personal freedom and dignity, to be implemented also with the support of the Interprofessional Funds, will be organised by the companies in order to prevent the occurrence of conduct that can be construed as sexual harassment and to promote specific behaviour aimed at disseminating a culture of respect for the person. 

To this end, the trade unions will organise staff meetings on these topics. 

Companies will prepare informative materials for workers on what to do in the event of sexual harassment. 

Within one month from the signing of this CCNL, the Parties shall identify a Code of Conduct / Guidelines with the measures and procedures to be adopted in the fight against sexual violence and harassment in the workplace, which shall be implemented by the individual companies.