Article 7 – Protection of the work of women and minors
For protection of the work of women and minors, the current regulations apply.
Article 6 – Submission and return of work documents
Upon hiring, the worker must present:
- an identity document;
- a general criminal records certificate dated no earlier than three months;
- the tax code number and anything else that may be required by special legal provisions;
- family status;
- two ID-sized photos.
Upon termination of the employment relationship, the company shall deliver to the worker, who shall issue a receipt, any document pertaining to the person concerned no later than the day following termination, unless prevented from doing so for reasons beyond its control.
Article 5 – Hiring
Pursuant to Article 1 of Italian Legislative Decree no. 152 of 26 May 1997, within 30 days from the date of hiring the employer must provide the worker with the following information:
a) the identity of the parties;
b) the place of work; in the absence of a fixed or predominant place of work, the indication that the worker is employed in different places as well as the registered office or domicile of the employer;
c) the start date of the employment relationship;
d) the duration of the employment relationship;
e) the duration of the trial period;
f) the classification, level and qualification assigned to the worker, or the characteristics or a summary description of the work;
g) the initial amount of remuneration and its components, with an indication of the payment period;
h) the duration of paid leave;
i) working hours;
j) notice periods in the event of early termination.
Information on the matters referred to in letters e), g), h), i) and j) may be provided by referring to the provisions of the CCNL.
The contracting and subcontracting employer shall provide the worker with an identification card pursuant to Article 18, paragraph 1, letter u), of Italian Legislative Decree no. 81 of 9 April 2008.
Article 4 – Change of contract
Noting that for the most part the sector is characterised by the production of services through contracts and that this results in frequent changes of management between companies with termination of employment by the transferring enterprise and provision of the necessary labour resources with completely new hires by the successor company, on the one hand the Parties intend to take into account the structural characteristics of the sector and the operations of the companies, and on the other hand the objective of protecting overall employment levels in the most concrete manner possible.
The Parties therefore agree upon the following rules for cases of change of contract, valid for each legal type of company providing services, transferor or successor (company, cooperative, etc.), also in accordance with the provisions of Article 7, paragraph 4-bis, of Italian Decree-Law no. 248 of 31.12.2007, converted into Italian Law no. 31 of 28.2.2008.
In any case of change of contract, the terminating company shall give prior notice, except in cases where it is not objectively possible, at least 15 days before the new contract is to be executed, to the relevant company and regional union structures, also providing information on:
- the number of employees involved, indicating those employed in the contract in question in force and permanently employed for at least 4 months,
- respective weekly contractual hours,
- classification level and date assigned thereto,
- date hired in the sector,
- date hired in the terminating company,
- any occasional or contractual employment under other job contracts,
- any assignment of coordination and planning functions, with an indication of whether these functions are carried out at other job contracts.
This communication is simultaneously sent to the successor company
As soon as possible, and at least 15 days before the contract is to be executed, and, where this is objectively not possible, in good time, the successor company shall notify the regional offices of the trade unions that signed the CCNL. At the request of the latter, the Parties will meet prior to the handover to ensure the proper application of the conditions of the workers’ transfer. Upon expiry of the contract, two cases may occur:
a) in the event of the termination of a contract with the same terms, conditions and contractual performance, the successor company agrees to ensure the employment – without a trial period – of the employees hired under the existing contract as evidenced by documentary evidence at least 4 months prior to the termination of the contract, except in special cases such as resignations, retirements, deaths;
b) in the event of termination of the contract with amendments to the contractual terms, conditions and performances, the successor company – even if it is the same one that was already managing the service – shall be summoned to the local mandated Association, or in its absence to the local Labour Inspectorate or any similar local institution, where possible within the 15 days prior to the date of the termination of the contract with the company union representatives and the relevant local signatory trade union organisations for an examination of the situation in order to harmonise the changed technical-organisational requirements of the contract with the maintenance of employment levels, taking into account the professional conditions and use of employed personnel, also resorting to job-to-job mobility within the company’s operations or the use of solutions such as part-time, reduced working hours, flexible working days, layoffs.
Without prejudice to the provisions of letters a) and b) above, in procedures involving a change of contract the successor company shall take on as employees the employees and member-partners with subordinate employment relationships transferred from the terminating company.
Where the successor company is a cooperative, this is without prejudice to the employee’s subsequent right to formally apply for membership.
The member shall in any case be guaranteed an overall economic treatment not less than what is envisaged by this CCNL.
Such hiring does not constitute additional employment.
If at the time of termination suspensions of work are in effect that would otherwise result in the preservation of employment, the relationship shall continue under the employ of the terminating company and the employee shall be hired by the successor company at the time the cause for suspension ceases to exist.
Workers on leave pursuant to Article 31 of Italian Law no. 300/1970 will be hired by the successor company with direct and immediate transfer.
Workers employed under a fixed-term contract will be employed by the successor company until the expiry of the original relationship.
In any case of transfer of workers from one company to another pursuant to Article 4 of this CCNL, the period of apprenticeship already completed with respect to which the transferring company is required to provide appropriate documentation to the company taking over – shall be counted in full and shall count for seniority purposes.
As soon as it becomes official and in any case within the time necessary for the application of the procedures as identified above, the terminating company shall deliver the following documentation to the succeeding company relating to each worker meeting the requirements for possible hiring:
- name, date and place of birth, tax code and address of residence (or domicile, if different from the residence);
- any residence permit and its expiry;
- telephone number;
- extract of the last four months of the payroll ledger;
- classification level;
- type of contract, and for fixed-term contracts the expiry date and reason;
- weekly schedule;
- date hired in the sector;
- date hired in the terminating company;
- individual situation as regards sickness and injuries at work for the purposes of and within the limits set forth in Article 51, paragraphs 4 and 5, of the current CCNL;
as well as
- the list of personnel hired under Italian Law no. 68/1999;
- the measures adopted pursuant to Italian Legislative Decree no. 81/2008 on health and safety at work, with regard to health surveillance and the company physician, and to training and information initiatives, including the status of implementation of the obligations set out in the Agreement of 21.12.2011 between the Ministry of Labour and the State/Regions Conference;
- the education and/or training initiatives, including those relating to any vocational apprenticeship contracts entered into, as well as those relating to the Record of Personal Achievement as referred to in Article 2, letter i), of Italian Legislative Decree no. 276 of 10.9.2003 and to the Ministry of Labour Decree of 10.10.2005;
- the registration of workers in supplementary pension funds and the supplementary healthcare fund referred to in Articles 54 and 69 of the current CCNL.
For personnel involved in the handover referred to in this Article, the terminating company shall be exempt from having to pay the indemnity in lieu of notice referred to in Article 57.
STATEMENT FOR THE RECORD
The parties acknowledge that, in the event of hiring by direct and immediate transfer, the regulations referred to in this article are not intended to modify the scheme connected with the termination of contracts that provides for the termination of the employment relationship with the terminating company due to the elimination of the job pursuant to Article 3 of Italian Law no. 604/1966 and the establishment of a new employment relationship with the incoming company.
To this end, the parties recall and annex to this CCNL the memorandum of the Ministry of Labour ref. no. 5/25 316/70 API of 14.3.1992 confirmed by circular no. 5/26514/7APT/2001 of 28.5.2001 and the text of Article 7, paragraph 4 bis, of Italian Decree-Law no. 248 of 31.12.2007, converted into Italian Law no. 31 of 28.2.2008.
Article 3 – Contractual arrangements
The stipulating parties identify two levels of bargaining:
- a national collective labour contract;
- a second level of negotiation based on the specific referral clauses of the same CCNL and in accordance with the criteria and procedures indicated by said contract.
National Collective Labour Agreement
This national collective contract has a duration of three years for both economic and regulatory aspects. It governs all the elements of the employment relationship, constituting a source of governance of the regulatory aspects.
It also defines basic pay with the specific function of safeguarding the purchasing power of contractual wages.
For second-level bargaining, the CCNL identifies the subjects, authorised parties and timing, subject to appropriate procedural guarantees, with areas and responsibilities that are not redundant with respect to those of the national level.
Procedures for the renewal of the national collective labour contract
Proposals for the renewal of the CCNL will be submitted in time to allow the opening of negotiations six months before the contract’s expiry.
The party that has received the renewal proposals shall provide feedback within 20 days from the date of their receipt, also with a view to agreeing on a meeting. During the six months preceding and in the month following the expiry of the CCNL, and in any case for a total period equal to seven months from the presentation of the renewal proposals, the parties shall not take unilateral initiatives or direct action with respect to the contractual dispute.
In the event of failure to respect the union truce defined above, the right may be exercised to request the revocation or suspension of the action taken; if the revocation or suspension is not implemented, the effectiveness of the CCNL and any second-level agreements will be postponed by one month.
The application of the mechanism recognising economic coverage from the date of expiry of the previous contract in favour of workers in service on the date the renewal agreement is reached is conditional on compliance with the timing and procedures defined in the renewal agreement.
Second-Level Bargaining
With this contractual renewal, the Parties shared a model of second-level bargaining aimed at developing the sector also in the area of discussion and labour relations. The responsibility for second-level bargaining is exercised by the regional offices of the national trade unions that stipulated the CCNL.
The companies are assisted and represented by the relevant local associations of the stipulating national employers’ organisations they are affiliated with or to which they have granted a mandate.
Second-level bargaining has the function of negotiating variable economic payments related to results achieved in the implementation of programmes agreed to by the parties. Such programmes shall be aimed at increases in productivity, quality, profitability, effectiveness, innovation, organisational efficiency and other elements relevant to the improvement of the company’s competitiveness, as well as to the results linked to the economic performance of the individual company.
The performance bonus must have such characteristics as to allow the application of the special contribution and tax treatments envisaged by law.
Second-level bargaining is exercised for the matters wholly or partially delegated by this CCNL, as peremptorily specified in this paragraph or by law. It shall concern matters and initiatives that have not already been negotiated at other bargaining levels, in accordance with the principle of “non bis in idem”, except as expressly envisaged in this CCNL.
- actions in favour of female personnel, implementing EEC Recommendation no. 635/1984 and Italian Legislative Decree 198/2006, consistent with what has been agreed to on the matter at the national level;
- positive actions for the flexibility referred to in Article 9 of Italian Law no. 53/2000;
- agreements on the development of bilateralism, consistent with and within the framework agreed to on this matter at the national level;
- different training commitments and specific methods for carrying out internal and external training of apprentices, pursuant to Article 12 of this CCNL;
- monitoring the use of overtime in accordance with Article 33 of this CCNL;
- specific agreements on shift/hour schedules, including for specific types of contracts present in the region, with a view to better organisation of work;
- explanatory methods for the application of flexibility schemes already envisaged in this CCNL and/or definition of new mechanisms for particular types of contracts in the region;
- identification of solutions aimed at greater use of company mobility, including outside the municipal area;
- identification of measures to improve working conditions, also in order to counter any abnormal forms of absenteeism.
Second-level agreements are valid for three years.
Procedures for the renewal and management of second-level agreements
Second-level agreements have a three-year duration and are renewable in accordance with the principle of autonomy of negotiation cycles in order to avoid overlapping with the renewal times of the national collective contract.
Requests for the renewal of second-level agreements shall be jointly signed by the parties identified in this article and submitted to the relevant local Association in time to allow for the opening of negotiations three months before the expiry of the agreements.
The party that has received the renewal proposals shall provide feedback within 20 days from the date of their receipt, also with a view to agreeing on a meeting. For a period of four months from the submission of the requests, the parties shall not take unilateral initiatives or direct action with respect to the contractual dispute. Second-level bargaining related to economic matters is permitted for the establishment of a Performance Bonus calculated only with respect to the results achieved in the execution of agreed programmes under the “Second-Level Bargaining” section above, as well as under the “Performance Bonus” section below.
For the purpose of identifying objective parameters that can be used under this Article, considering that the cleaning and multi-service/integrated services sector is definitely “labour intensive” and that the main resource is thus labour, the parties agree to identify the main indicator as actual presence at work.
To this end, the payment of the performance bonus will be proportionate to the actual presence of the worker, except for periods of absence due to maternity, accidents and union activities, concurrent with the quality of the work performed, which is necessary in order to maintain contracts as well as to acquire new ones.
A National Advisory Commission is established to analyse the consistency of the re quests submitted, the progress of the bargaining and its results with respect to what is set forth in this article. In this context, the Commission may direct the second-level bargaining as set forth in this article using the most appropriate initiatives.
The establishment of the National Advisory Commission is aimed at participatory involvement at all levels and the evolution of the industrial relations system. The local business and trade union organisations will submit the texts of the signed second-level agreements to their respective national organisations.
Performance bonus
Bargaining economic matters is envisaged following the procedures set out below. Such negotiations concern salary payments strictly related to objectives and results achieved through the implementation of programmes agreed to by the Parties, for exam ple targeting increases in performance, productivity, efficiency, effectiveness, competitiveness and quality.
The amounts of the new supplementary economic elements referred to in the preceding paragraphs are variable, cannot be predetermined and are not useful for the purposes of any legal or contractual proceedings. They must also be consistent with the provisions of the social security and tax regulations that provide for special benefits in the matter of economic utilities deriving from second-level bargaining.
The bonus agreement will last for three years.
Second-level bargaining will establish the conditions, timing and methods for the application of the performance bonus.
The payment of the bonus will be re-proportioned by the company with reference to the days of actual work performed by its workers in the previous year. For part-time workers, the amount of the bonus will be calculated in proportion to their individual working hours.
Following the second-level agreement, when granted, the bonus shall absorb up to the amount of any additional collective economic treatment under the provisions of this CCNL, or it shall be entirely absorbed if lower.
Consistent with the provisions of the preceding paragraph, in those cases in which second-level economic agreements are in force at the date of entry into force of this CCNL, the conditions of this article shall be extended.
Without prejudice to the fact that second-level agreements must be filed with the provincial labour directorates in accordance with current law, the Parties agree that second-level agreements shall also be sent to O.N.B.S.I., which will forward them to CCNL for the purposes envisaged by law.
Remuneration guarantee
Employees with permanent contracts who in the previous four years have not been parties to second-level bargaining and who have not received other individual or collective economic benefits in addition to what is due under this collective contract, if after the presentation of a second-level platform for the purposes of this article an agreement is not defined within the month of December 2012, the company will pay the amount of €80.00 at the 2nd level (parameter 109) and prorated for the other levels together with the salary for the month of July 2013.
The verification of those entitled to the benefit and the disbursement thereof will be determined with respect to the situation observed over the last four years. The benefit concerns permanent workers in force on 1 January 2013 who have been registered in the payroll for at least six months. The company will calculate the amount in proportion to the days of actual work performed by its employees during the period 1/1/2010 – 31/12/2012.
In the event of a contract transfer that takes place between January 2013 and July 2013, the terminating company shall pay the workers transferring to the incoming company any amounts due as a benefit.
For part-time workers, the amount of the benefit will be calculated in proportion to their individual working hours.
The sum disbursed as a benefit is not included in the calculation of any legal or contractual item, as the parties have defined its amount in an all-inclusive sense, taking into account any percentage impact, including severance pay.
The benefit cannot be a substitute for second-level agreements currently in force.
Provisions attributable to productivity gains
Without prejudice to the provisions of the law and the relevant explanatory circulars as well as the relevant Inter-confederation Agreements, the Parties agree that the application of the following provisions gives rise to increases in productivity, quality, competitiveness, profitability, innovation and organisational efficiency:
- overtime work;
- extra hours;
- remuneration for elastic clauses;
- night work;
- shift work;
- holiday work;
- variable performance bonuses;
- hours of leave, hour bank and unused holidays;
- any other remuneration aimed at increasing company productivity, quality, competitiveness, profitability, innovation and organisational efficiency.