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Article 65 – Support services

Pursuant to Article 12 of Italian Law no. 300/1970, the support services of the workers’ trade union organisations that are signatories to this contract (INCA-CGIL, INAS-CISL, ITAL-UIL) are entitled to carry out the tasks set out in Italian Legislative Decree of the Provisional Head of State no. 804 of 29/07/1947. The worker may contact the support services in the company during work breaks.

The company will allow the posting of support service announcements on the existing bulletin boards and the use of the same venues made available to the company union representatives.

Article 64 – Work environment – Prevention of occupational accidents and diseases

The unitary union representative body, or, where not yet constituted, the company union representatives, have the right to monitor the application of the regulations for the prevention of injuries and occupational diseases and to promote the research, development and implementation of all appropriate measures to protect their health and physical integrity.

The prevention of injuries and occupational diseases and compliance with the relevant legal regulations and those issued by the competent bodies for this purpose are a precise duty of the company and the workers.

The worker is obliged to scrupulously comply with the rules issued to them by the company for the protection of their health and physical integrity.

This without prejudice to the provisions of current occupational safety regulations.

In view of the considerable importance of safety in the workplace for workers and companies, also in light of Italian Legislative Decree no. 81/2008, which has strongly updated the previous legislative provisions on the subject, the parties agree to set up a joint technical commission to be established within the O.N.B.S.I., with the task of verifying and analysing the specific needs of the sector in this area and harmonising them with the current law.

The commission shall provide the signatories to this CCNL with its assessments by 31 October 2012.

Article 63 – Company canteens

Companies agree to request contracting authorities, informing the trade unions, for canteen services that can be used by their employees whose work coincide with meal times.

Article 62 – Unitary councils – Company union representatives

At the initiative of the trade union organisations that are signatories to this contract, unitary councils may be set up, which will have the prerogatives, duties and protection of company trade union representatives.

When the establishment of unitary councils is not possible, Company Trade Union Representatives may be established pursuant to Articles 19 and 29 of Italian Law no. 300/1970. 

In cases where the establishment of Company Trade Union Representatives is not permitted by Italian Law no. 300/1970, the election of the company delegate is in any case allowed.

Article 61 – Trade union right

A) LEAVE FOR TRADE UNION DUTIES

Consistent with work needs, workers who are members of the executive committees of the trade union confederations, the executive committees of the national trade union federations that are signatories to this CCNL and of the provincial trade unions that are members of these confederations may be granted short paid leave for the performance of their duties when their absence from work is expressly requested in writing by the aforementioned organisations.

Such leave will be granted for a maximum of 25 days per year for each trade union organisation.

If there is more than one worker employed by the same company who can benefit from such leave, the leave granted to the various individuals are summed and in total may not exceed a maximum of 60 days per year.

Leave for members of trade union management bodies shall be granted upon presentation to the company of the letter of convocation with at least 24 hours’ notice.

The aforementioned qualifications and related changes must be communicated in writing by the aforementioned organisations to the regional employers’ associations, which will communicate them to the company the worker belongs to.

A period of leave of absence may be granted for the performance of the above trade union duties as well as for those pertaining to elected public offices for the duration of their term of office, during which the employment relationship remains suspended for all purposes.

The heads of company trade union representatives are entitled to paid leave for the performance of their duties.

At least the following are entitled to such leave:

  1. 1 officer for each company trade union representation in production units employing up to 200 employees in the category for which the union is organised;
  2. 1 officer for every 300 or fraction of 300 employees for each company trade union representation in production units with up to 3,000 employees in the category for which the union is organised;
  3. 1 officer for every 500 or fractions of 500 employees in the category for which the company trade union representation is organised in larger production units, in addition to the minimum number referred to in b) above.

Paid leave for company trade union officers shall not be less than 10 hours per month in the companies referred to in letters b) and c) of the preceding paragraph; in the companies referred to in letter a), paid leave shall not be less than 2½ hours per year for each employee.

A worker who intends to exercise the right referred to in paragraph 7 must notify the company in writing, as a rule 24 hours in advance, through the company trade union representatives. Company trade union officers are entitled to unpaid leave for participation in trade union negotiations and conferences and conventions related to trade unions, for no less than eight days per year.

Workers wishing to exercise the right referred to in the preceding paragraph must notify the company in writing, as a rule three days in advance, through the company trade union representatives

B) MEETINGS

In compliance with Article 20 of Italian Law no. 300/1970, companies guarantee the exercise of the right to assemble in the workplace.

In the event of a demonstrated lack of appropriate spaces in the workplace, the company will provide other venues or another suitable area to be agreed with the company trade union structures.

The meeting may also be convened by the regional trade union organisations of the workers’ federations that sign the CCNL.

C) PAYMENT OF UNION DUES

The company shall withhold from the monthly salary of the worker who so requests by written delegation the amount of membership dues to be paid to the trade union organisation, signatory to this contract indicated by the worker themself, in the amount of 1% of the worker’s salary and contingency allowance for 14 months.

The company shall not process any delegations that do not contain the elements set out in the template annexed to this contract.

The delegation, dated and signed by the worker, must state the month in which it takes effect.

If the monthly salary is not paid, no deduction or subsequent recovery may be made.

If the delegation is received by the company after the 5th day of the month indicated by the worker, the deduction will only be made from the month following that of receipt without any recovery for the previous period.

Any revocation of the delegation during the calendar year must also be made in writing and indicate the month from which the deduction is no longer to be made.

If the revocation is received after the 5th day of the month indicated by the worker, the termination of the deduction will take effect from the following month without any adjustment.

Both delegation and revocation are free acts of will and therefore strictly personal, so they must be individual and not collective.

When the revocation is accompanied by a new delegation signed in favour of another trade union organisation, the date of the former must be prior to or contemporaneous with that of the latter.

The delegation and revocation must be handed over or sent by the person concerned to the company.

The contributions withheld will be paid monthly by the company to the trade union organisation concerned.