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.