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Article 2 – Trad union relations system

by | 17-05-2024

Aware of the importance of the role that labour relations play in contributing to the  solution of the complex problems of the sector, it is agreed that it would be appropriate to  set up various levels of meetings between the parties to this contract for the examination  of specific issues of interest to the sector. 

A. INFORMATION AT THE NATIONAL LEVEL

Without prejudice to the autonomy and the respective distinct powers of the compa nies and trade unions, the parties to the agreement agree to hold meetings at the national  level – as a rule on an annual basis, and in any case at the reasoned request of one of the  two parties – in order to:

  • examine the qualitative and quantitative state and dynamics of employment, with par ticular reference to youth and women; 
  •  examine the possibility of having training and/or professional qualification programmes for workers carried out by the joint sectoral body in relation to changes in the organi sation of work;
  • monitor the overall situation in the sector, with particular regard to the duration of con tracts, tender trends, qualitative selection criteria for companies and award criteria,  with the aim of identifying possible appropriate initiatives for the harmonisation and  improvement of regulations in this field at the national level; 
  • examine the necessary regulation of the sector in light of national and European leg islative changes, as well as the definition of codes of conduct to be adopted by the  Public Administration and companies providing the contracted services; 
  • make the observatory for the governance of the labour market and employment set  up at the Ministry of Labour more functional and operational, also in order to support  the initiatives of the steering committee for the fight against undeclared and undocu mented work referred to in Italian Law no. 296/2006, Article 1, paragraph 1156 and the  subsequent ministerial decree of 11 October 2007; 
  • in light of legislative changes, including developments in the field of mixed companies  and profound changes in the labour market, examine the quantitative and qualitative  performance of existing employment relationships. 

B. INFORMATION AT THE LOCAL LEVEL

Annually, at the regional and/or provincial level at the request of one of the parties,  meetings will be held between the representatives of the contracting organisations to  examine specific problems that have significant repercussions for the individual regions in order to: 

  • organise initiatives in the field of vocational training and retraining, including with re spect to the guidance provided at the national level by the joint sectoral body;
  • monitor the duration of contracts, trends in tenders and award criteria in order to iden tify initiatives for the harmonisation and improvement of regulations in this field at the  regional level;
  • take the necessary initiatives with regard to the control and prevention of illnesses as  well as with regard to safety at work in general in light of the provisions of the law and of the inter-confederation Agreements in force and based on the decisions taken by  the joint sectoral body.

C. INFORMATION AT THE COMPANY LEVEL FOR NATIONWIDE COMPANIES

The parties to the agreement agree to hold meetings at the national level – as a rule on  an annual basis, and in any case at the reasoned request of one of the two parties – within  the framework of the existing information system, for nationwide companies with at least  400 employees for a joint examination of: 

  • the application of the rules for the prevention of occupational accidents and illnesses  and the research, development and implementation of suitable measures to protect  the health and physical integrity of workers in light of the legal and contractual rules in  force; 
  •  the numerical size of the workforce and the different types of labour contracts existing  in the company; 
  • on women’s employment trends, with the related possible positive actions aimed at  pursuing equal opportunities in compliance with the provisions of Italian Legislative Decree 198/2006; 
  • expiring procurement contracts; 
  • company crises affecting employment and/or labour mobility.

In special meetings between the company and the trade union representation, the following will be examined and discussed:

  • professional training and retraining programmes for personnel following the introduc tion of new technologies and/or technological changes; 
  • the possible new structure of the services in relation to structural changes in the organisational structure of the services themselves, as well as the effects on employ ment levels, work organisation and the professional skills of workers brought about by technological innovations, company restructuring and reorganisation; 
  • possible solutions in the field of mobility and flexibility with a view to better work organisation; 
  • the trend of overtime work; 
  • the scheduling of annual vacations; 
  • the implementation of the models and working hours defined by the current CCNL.

D. INFORMATION AT THE COMPANY LEVEL

Technological innovations or restructuring that have implications for employment lev els, work organisation and the professionalism of workers will be discussed at the com pany level. 

Semi-annually the companies, the unitary union representative bodies, or if not yet constituted, the company union representatives will jointly examine:

  1. the number of personnel; 
  2. training and professional development programmes for personnel;
  3. the trend of overtime work.

The companies shall also inform the unitary union representative bodies or, where they have not yet been established, the company union representatives of matters for which legal or contractual provisions envisage information at the company level.

For other responsibilities at the company level, see the provisions of Article 59.

E. ISSUES FOR DISCUSSION AT THE NATIONAL LEVEL

In specific meetings, the parties will address the problems of the integration of foreign workers, in application of the laws that concern them. 

The Parties agree to set up a round table when the reform of social shock absorbers is enacted, in order to harmonise the existing contractual regulations with the new provisions to be enacted by the legislature. 

Article 1 – Scope of application of the contract

by | 17-05-2024

This National Collective Labour Agreement governs the labour relations between companies in the cleaning and integrated/multi-service sector and their employees in a unified manner for the entire territory of the Italian Republic.

This National Collective Labour Agreement, signed by the employers’ associations and the trade unions of the workers comparatively most representative in the category at the national and territorial levels, also pursuant to Article 7, paragraph 4, of Italian Decree-Law no. 248/2007 converted into Italian Law no. 31/2008, is a unitary and inseparable whole, and in each and every one of its provisions and in its entirety constitutes a minimum and mandatory treatment, except for what is expressly provided for therein, for the workers of the companies set forth in Article 1 and constitutes a necessary condition for the enjoyment of the regulatory and contributory benefits envisaged by the regional, national and EU regulations in force as well as for access to the continuous training provided by the interprofessional funds.

More specifically, the correct application of the provisions set out in Articles 54, 66 and 69 (“Supplementary Pension Scheme”, “National Joint Body – ONBSI” and “Supplementary Healthcare”) is a necessary condition for the use of all the instruments that this CCNL has set up to meet the needs of companies in the labour market and the management of labour relations.

This Contract supersedes and absorbs for all purposes the provisions of all previous national collective agreements, as well as the local rules and customs, insofar as they are governed thereby.

For matters not covered by this Contract, the relevant legal provisions shall apply. This without prejudice to any more favourable terms.

Whereas the market of cleaning and integrated services in the public and private sec tors is evolving in the perspective of activities characterised by the concurrent presence of varied and diversified professional skills with respect to the scope of application of the CCNL of 24 October 1997, of the CCNL of 25 May 2001, of the Memorandum of Understanding of 3 December 2003, and the contents of the Protocol of 7 October 2003, which however retains its specificity, the Parties agree to further define the scope of application under the terms set forth in this Article, as well as to develop the scope of the previous regulations in the manner and under the terms specified below in order to better respond to the more extensive needs of the market and of the customers.

The activities carried out for public and private customers, as outlined in the following paragraphs, may be managed within the framework of traditional cleaning and/or integrated/multi-service/global service companies with the use of this CCNL.

Consequently, any autonomous activities – including for specific contracts – subject to corresponding autonomous and specific CCNLs according to the regulations in force are excluded from the scope of the contract.

Cleaning, disinfection, sanitisation, pest control and rodent control services are regulated by Italian Law no. 82/1994 and the subsequent laws and implementing regulations. They include auxiliary/supplementary services and maintenance, both scheduled and unscheduled, carried out on a non-exclusive basis at the request of public and private customers.

In fact the progressive expansion of contracts for global services based on results and also encompassing design and production management of the various services, facility management and integrated or multi-service activities covers a plurality of services.

By means of this collective contract, the Parties intend to make available to the market a means for redefining the offer in the face of the demand for services resulting from the choice of outsourcing non-primary activities made by Public Administrations and private entities.

Accordingly, the sphere of application of this contract includes but is not limited to the following activities:

  • cleaning, disinfection, sanitisation, pest control and rodent control services (civil, industrial, hospital, home, etc.);
  • maintenance services (green areas, industrial plant and machinery, real estate, movable property, cleaning writing and graffiti from walls, roads and horizontal and vertical signage in confined areas, swimming pools, beaches, sandy areas, etc.);
  • facilities management and operation services (thermal, air-conditioning, electrical, plumbing, etc.);
  • access control services, museum, exhibition and conference auxiliary services (reception, greeting, accompaniment, caretaking of venues, buildings, areas, etc.);
  • environmental sanitisation services (disinfection, pest control, extermination, etc.);
  • general services (copy services, switchboard, stationery and internal mail distribution,  document delivery, in-house handling, etc.); 
  • administrative services (condominium management, utilities management, permits,  licences, taxes, billing, etc.); 
  • catering services (transport and conveyance of meals, tidying up of venues, dishwash ing, etc.); 
  • cleaning, maintenance and other services in private dwellings (homes, residences,  etc.); 
  •  transport auxiliary services (assistance, storage and minor maintenance for public  transport – buses, aircraft, boats, etc.); 
  • auxiliary services in education, health, industry and public and private offices
  • integrated exhibition, museum and archaeological services, including promotional and  recreational and cultural events, as well as first responder firefighting services, etc.;
  • services of access control and caretaking of areas, buildings and equipment including  the caretaking and management of non-paying car parks in private confined areas,  with the aid of technological installations and dog services; 
  • document delivery services, document custody and archiving, document transport,  ticketing and information services including by telephone, excluding call centres, etc.;
  • Auxiliary services for library management and book display, access management,  public information, handling and physical processing of library materials (covering,  affixing anti-shoplifting bands, application of barcodes, etc.). 

The economic and regulatory treatment set forth in this CCNL shall apply to the em ployees of the companies, regardless of their legal form. 

As regards member-workers of cooperatives, Italian Law no. 142 of 3 April 2001 applies.