by OpenBox | 20-05-2024
Without prejudice to the provisions of Italian Legislative Decree no. 252/2005 and Article 54 of this CCNL, in the event of termination of employment the worker is entitled to severance pay pursuant to Italian Law no. 297 of 29 May 1982.
The items listed below are useful elements for determining severance pay.
- standard salary;
- contingency allowance;
- flat-rate sectoral seniority allowance for blue-collar workers and biennial increases for white-collar workers;
- any merit and/or productivity increases;
- 13th month;
- 14th month;
- allowances that are not occasional in nature;
- supplementary agreements.
For the seniority allowance accrued up to 31 May 1982 by blue-collar workers, see the note in the report referred to in Article 56 of the CCNL of 25 May 2001.
by OpenBox | 20-05-2024
The stipulating parties agree on the desirability of favouring the provision of supplementary pensions to workers in the sector, and to this end they agree to seek the most suitable solutions for this purpose by setting up a defined contribution and individual non-profit capitalisation scheme with the exclusive purpose of providing supplementary pension benefits pursuant to Italian Legislative Decree 252/2005 as amended and supplemented.
Workers who are not in their trial period, who are employed on a permanent basis or with mixed contracts and whose employment relationship is governed by this CCNL may join.
Workers employed under a fixed-term contract who over the calendar year (1 January to 31 December) accumulate periods of work of not less than six months, will be able to join once this period has been completed. The parties reserve the right to determine the conditions and procedures for maintaining these workers’ positions within the framework of their respective statutory/regulatory provisions.
The worker’s participation will be voluntary, or through the mechanism of tacit consent, in accordance with Article 8, paragraph 7, of Italian Legislative Decree no. 252/2005. Contributions within the limits of tax deductibility under the relevant law will consist of:
a) 1%, to be borne by the Company, calculated on the minimum standard wage and contingency allowance as at 1/1/2001 (as per annexed table);
b) 1%, to be borne by the worker, calculated on the minimum standard wage and contingency allowance as at 1/1/2001;
c) the severance pay accrued during the year by the workers concerned in accordance with the laws in force.
The worker may opt to pay an additional contribution at their sole expense in the amount and according to the criteria established by the Articles of Association and Rules of the respective funds referred to in paragraph 9 of this Article.
The aforementioned contributions, including the amounts deducted from the severance pay, shall be withheld at the time of payment of each month’s salary for twelve months and shall be paid in accordance with the terms and procedures to be set forth in the aforementioned establishment agreement.
Contributions to be paid by companies will only be due for participating workers, without giving rise to replacement or alternative treatment in cases where the worker is not registered.
In order to avoid the dispersion of workers in the various existing funds and to achieve the widest possible dissemination of supplementary pensions in the sector while ensuring uniformity of treatment among all potential workers participating in them, the stipulating parties agree that the Pension Funds that the companies will be required to pay contributions to based on the amounts set forth in this Article will be, also for the purposes of the provisions of Article 8, paragraph 7, letter b) of Italian Legislative Decree 252/2005, only the following:
- PREVIAMBIENTE, for workers of ANIP member companies as envisaged in the agreement of 8 June 2007 (annex no. 18 to this CCNL);
- FONDAPI, for workers of CONFAPI member companies as envisaged in the agreement of 23 February 2005 (annex no. 19 to this CCNL);
- COOPERATIVE SOCIAL SECURITY, for workers of cooperatives in the sector envisaged in the additional protocol of 16 February 2007 (annex no. 17 to this CCNL).
If a company or a cooperative does not join any of the employers’ associations subscribing to this CCNL, workers have the right to enrol in one of the above-mentioned Funds.
As far as the employer’s share of the supplementary pension is concerned, it will be due all the same in the case of the hiring of workers already enrolled in one of the funds listed above following a change of job contract.
The quota will also be recognised in the event of the hiring of a worker enrolled in another closed fund of the sector, provided that the agreements relating to that other fund provide for reciprocity with respect to workers enrolled in one of the funds listed above.
by OpenBox | 20-05-2024
In order to facilitate the reunification of foreign workers with families in non-EU countries, consistent with technical and organisational requirements, the companies will accept the justified requests of individual workers to take continuous periods of absence from work through the use of holidays and paid leave envisaged by this CCNL, also by summing hours accrued beyond the year in question.
The parties agree on the use of the right to study hours referred to in Article 36 of the CCNL for literacy courses for non-EU workers, without prejudice to the total number of hours referred to in the same provision.
by OpenBox | 20-05-2024
Female workers involved in protective measures relating to gender-based violence pursuant to and for the purposes of Art. 24 of Italian Legislative Decree 80/2015 and subsequent amendments and additions that are duly certified by the social services of the municipality of residence or by anti-violence centres or shelters have the right to abstain from work for reasons related to the protective measures for a maximum period of 90 working days, as envisaged by the aforementioned law.
For the purposes of exercising the right referred to in this Article, the female worker, except in cases of objective impossibility, is required to give the employer at least seven days’ notice, indicating the beginning and end of the period of leave, and to produce the certification attesting to her involvement in the measures referred to in the preceding paragraph.
The period of leave referred to in paragraph 1 shall be taken into account for the purposes of length of service for all purposes, as well as for the accrual of holidays, 13th month, 14th month and severance pay.
During the period of leave, subject to the provisions of paragraph 3 the worker is entitled to receive an allowance corresponding to her last salary and the period is covered by notional contributions. The allowance is paid in advance by the employer and set off against the contributions due to INPS, in accordance with the procedures laid down for the payment of maternity benefits.
The leave may be taken on an hourly or daily basis over a three-year period, the worker may choose between daily and hourly use, it being understood that hourly use is allowed to the extent of half the average daily working hours of the month immediately preceding the month in which the leave commences.
If the conditions set out in Article 24, paragraph 1, of the aforementioned legislative decree are met and at the worker’s request, the leave referred to in paragraph 1 will be extended for a further 90 days with the right to payment of an allowance equal to 70% of the current salary.
The worker is entitled to the transformation of the employment relationship from full-time to part-time, vertical or horizontal. At the worker’s request, the part-time employment relationship must be changed back to full-time.
The worker involved in the protective measures referred to in paragraph 1 may apply for a transfer to another job contract, even located in another municipality. Within 7 days of the aforementioned communication, having verified the availability of jobs under other contracts, the company commits to transfer the worker.
At the end of the protective measures, the worker can ask to be exempted from difficult shifts for a period of one year.
by OpenBox | 20-05-2024
As regards maternity and parental leave, reference is made to the relevant legal provisions in force (Italian Legislative Decree no. 151 of 26 March 2001, as amended and supplemented – Consolidation Act of legislative provisions on maternity and paternity protection and support).
For white-collar female workers, the following treatment applies where more favourable than what is envisaged by law:
- payment of full pay for the first 4 months of absence and the amount envisaged in the preceding paragraph in the following month, minus the amount received by the worker by way of indemnity from the social security institution, as envisaged by law.
During the maternity leave period, illness takes precedence over the leave only in the case of serious illness of the mother pursuant to Article 22 of Italian Legislative Decree no. 151 of 26 March 2001 and INPS Circular no. 68/1992.
