The provisions of this contract, also within each section, are interrelated and inseparable from each other. Therefore, those who comply with these provisions, even in part, are for all intents and purposes to be considered bound by all the contractual provisions as a whole. Pension and severance pay are deemed to constitute a single benefit, even when separated.
The parties stipulating this CCNL “for personnel employed by cleaning and integrated/ multi-service companies” acknowledge that supplementary healthcare not replacing the national health service as defined by the CCNL is one of the qualifying points for the full application of this CCNL. Payment of the charges referred to in this Article is an integral part of the overall remuneration envisaged in this CCNL and cannot be waived.
Therefore, without prejudice to the validity, essential nature, centrality and universality of the National Health Service provided for by current law, as of 01/07/2013 a single system of supplementary health benefits of the National Health Service was established for the entire cleaning, integrated/multi-service sector, structured in accordance with Italian Legislative Decree no. 314 of 2 September 1997 as amended and supplemented, insured through a Supplementary Healthcare Fund.
The supplementary healthcare is therefore of a general nature, with a single fund for all workers in the sector and will provide uniform benefits regardless of contractual hours.
Consistent with the above, the supplementary healthcare is articulated as follows:
3. The Parties acknowledge that in the determination of the portion of the economic increase of the CCNL for employees of cleaning and integrated/multi-service companies, the percentage of the quotas and contributions of this article of the CCNL for the financing of the Supplementary Healthcare Fund has been taken into account. The overall increase resulting from the application of the inter-confederation agreements in force therefore includes these dues and contributions, which are an integral part of the economic increase. A company that fails to pay the aforementioned fees and contributions is liable to workers not enrolled in the Fund for the loss of the relevant healthcare benefits, without prejudice to the worker’s right to compensation for any other damages. The payment of alternative allowances does not release the employer from the obligation to guarantee the worker the health benefits and services guaranteed by the ASIM fund. The right to supplementary healthcare within the limits set out in this article cannot be waived by the worker. The payment of the contribution to the healthcare fund must be specifically highlighted in the pay slip. The Parties will take steps to provide adequate information to companies and workers in the sector on the benefit of supplementary healthcare and the functioning of the ASIM Fund.
The Parties annex the articles of association of the Asim Fund to this CCNL.
The provisions of this Article are binding on all companies applying this CCNL.
The Joint Committee on Equal Opportunities is the instrument put in place to formulate and monitor positive-action projects aimed at ensuring the removal of all obstacles preventing the achievement of equal opportunities for men and women at work.
In this sense, using the tools provided by Italian Legislative Decree 198/2006, the Committee is also active in following up on the progress of the projects themselves both during the funding phase under the aforementioned law and in their implementation.
The Joint Committee on Equal Opportunities is composed of 12 members, 6 of whom shall represent the employers’ Associations and 6 the workers’ trade union federations, who shall be designated by the respective parties referred to above within 30 (thirty) days of the signing of the CCNL.
An alternate may be appointed for each representative.
The operational headquarters of the Equal Opportunities Working Group will be at the head office of the National Bilateral Sectoral Body.
For all matters related to the operation of the Committee, the Committee itself may make its own resolutions.
Usually in the second quarter of each year, the members of the Committee will also report to the stipulating parties in a specific meeting on the results of their work, and in any case three months before the end of the contractual term they will submit a final report to such parties.
The Committee is assigned the following tasks:
Any participation by companies in the vocational training projects agreed to and implemented by the Organisations stipulating the National Contract, which the parties shall promote, entitles them to apply for the benefits envisaged by the relevant provisions of law.
The Committee may use the data provided by the National Observatory to perform its tasks.
The Committee normally meets quarterly or at the request of one of the parties, chaired in turn by a member of both groups, and acts unanimously for the implementation of the above tasks. Each year it will submit a report complete with collected and elaborated materials. Here it will present its activities to the contracting organisations, discussing both proposals for which the Committee has achieved a unanimous opinion as well as the assessments that constitute the positions of one of the components.
The National Joint Committee is the instrument for the examination of all collective disputes concerning the authentic and proper interpretation and full application of this CCNL.
The Joint Committee is composed of the organisations signing this CCNL and has 12 members, 6 of whom shall represent the employers’ organisations and 6 the workers’ trade union federations, who shall be designated by the respective parties referred to above within 30 (thirty) days of the signing of the CCNL.
An alternate may be appointed for each representative.
The place of work of the “Joint Committee” shall be at the head office of the joint sectoral body (ONBSI) referred to in Article 66 of this CCNL and shall operate in accordance with the following procedures and methods.
The Joint Committee may be approached by the National Organisations that enter into this contract or, through them, by the Local Organisations belonging to them, such contact being made by registered letter with return receipt.
At the time the request is filed, the requesting party shall produce all elements relevant to the examination of the dispute.
Pending proceedings before the Joint Committee, the respective trade union organisations concerned may not take any action.
The convening date for the examination of the dispute shall be set by agreement of the members of the Joint Committee within 15 (fifteen) days from the presentation of the request, and the entire procedure shall be completed within the following 30 (thirty) days.
Before deliberating, the Joint Committee may convene the parties to the dispute to gather any information and observations useful for the examination of the dispute.
The Joint Committee shall keep minutes of its meetings and the resolutions passed, which must be signed by the members of the Joint Committee.
Copies of the Joint Committee’s decisions will be sent to the parties concerned, who must comply with them.
For all matters related to the operation of the Joint Committee, the Joint Committee itself may make its own resolutions.
The members of the Committee shall also submit a final report on their work to the parties to the CCNL three months before the expiry of the contract.
Whereas:
On 26 June 2003 the stipulating parties established the unitary ONBSI – Organismo Nazionale Bilaterale dei Servizi Integrati for the sector (with possible local offices), governed by its own articles of association and implementing regulation; the articles of association of the Body is annexed to this CCNL.
ONBSI promotes:
a) vocational training and qualification initiatives, including in cooperation with regional governments and other competent bodies, potentially assisting workers who have participated in them in finding new jobs. The promotion and management of the aforementioned initiatives must take place in compliance with the existing inter-confederation agreements and the bodies deriving from them;
b) retraining courses for personnel impacted by restructurings and reorganisations that result in the termination and/or suspension of employment for a period of time at least equal to what is envisaged by the relevant laws.
With regard to the enrolment of companies in the register referred to in Italian Law no. 82 of 25/2/1994 and implementing regulations, in liaison with Unioncamere and also in liaison with INPS, INAIL and the Ministry of Labour, the Body issues certificates attesting to enrolment in the Body and the payment of the relevant fees.
Furthermore, ONBSI may carry out the following activities:
For the implementation of the tasks referred to in the previous points and for the work of the National Observatory, ONBSI will prepare relevant work plans and submit the corresponding resource requirements for their procurement.
If the stipulating parties agree on the initiatives to be taken by the joint sectoral body, they will ensure the operation of the projects by identifying the relevant funding in equal measure for companies and workers (50% borne by the employers and 50% borne by the worker), also through the regional and/or national funding envisaged by current regulations, with particular reference to the Ministry of Labour (Professional Training Office).
With regard to the provisions of the preceding paragraph, and as set forth in the renewal agreement of 19/12/2007, ONBSI is financed by a contribution established at the rate of €0.50 payable by the employer and €0.50 payable by the worker on a monthly basis for 12 monthly payments, from 1 January 2008 to be paid quarterly. For part-time workers working less than 20 hours per week, the above amounts are reduced to €0.25.
Contributions throughout the country are collected by ONBSI through a special agreement defined with INPS for collection via the F24 form. In order to be recognised, local bodies must adhere to this method of collecting contributions.
The Local Bilateral Body performs the same functions as the National Body by carrying out an examination and study phase in order to grasp the particular aspects of the various situations in the region; the Local Bilateral Body promotes initiatives in the area of training and professional qualification also in cooperation with regional governments, local authorities and other competent bodies. As far as financing is concerned, the values will be defined at the local level.
From the month following the unanimous validation of the constitution of the Local Bilateral Body, ONBSI will distribute to the Local Bilateral Body 70% of the contributions collected that are attributable to it based on the workers actually employed in the requesting area, also for the purpose of implementing the projects as envisaged in the articles of association.
With a specific regulation ONBSI will determine the methods for the disbursement and management of the resources allocated to the area.
The Parties annex to this CCNL the standard articles of association of the local bilateral bodies, without prejudice to the bodies already established at the date of entry into force of this CCNL, which shall adapt their articles of association within the term of the contract.
Until the aforementioned validation, the operation of the Local Bilateral Bodies will continue to be financially ensured by the ONBSI for the implementation of shared projects according to the current practice.
NOTE FOR THE RECORD
In confirming that bilaterality is an important asset of the trade union relations system in the Cleaning, Integrated Services, Multi-services sector, the Parties agree and confirm that the principles that must characterise bilaterality and more generally contractual welfare relate to transparency in management, efficiency in operation, rationalisation in organisation, guarantee of future sustainability, ability to respond to the assigned purposes and expectations of workers and companies.
In view of the above, the Parties agree to initiate a discussion by the month of July 2021 aimed at updating and further developing the National Bilateral Sector Body (ONBSI) within the framework of the definition of a more general Governance Agreement of the bilateral system that promotes the representation of each component involved, in compliance with the principles of participation and contribution, as set forth in the CCNL for personnel employed by cleaning and integrated/multi-service companies, including the National Bilateral Body (ONBSI) and the Health Fund (ASIM). This discussion, aimed at reaching an agreement between the parties, which will identify better organisational solutions and new perspectives of bilaterality for the development of labour relations in the sector, will be concluded by October 2021.