Noting that for the most part the sector is characterised by the production of services through contracts and that this results in frequent changes of management between companies with termination of employment by the transferring enterprise and provision of the necessary labour resources with completely new hires by the successor company, on the one hand the Parties intend to take into account the structural characteristics of the sector and the operations of the companies, and on the other hand the objective of protecting overall employment levels in the most concrete manner possible.
The Parties therefore agree upon the following rules for cases of change of contract, valid for each legal type of company providing services, transferor or successor (company, cooperative, etc.), also in accordance with the provisions of Article 7, paragraph 4-bis, of Italian Decree-Law no. 248 of 31.12.2007, converted into Italian Law no. 31 of 28.2.2008.
In any case of change of contract, the terminating company shall give prior notice, except in cases where it is not objectively possible, at least 15 days before the new contract is to be executed, to the relevant company and regional union structures, also providing information on:
- the number of employees involved, indicating those employed in the contract in question in force and permanently employed for at least 4 months,
- respective weekly contractual hours,
- classification level and date assigned thereto,
- date hired in the sector,
- date hired in the terminating company,
- any occasional or contractual employment under other job contracts,
- any assignment of coordination and planning functions, with an indication of whether these functions are carried out at other job contracts.
This communication is simultaneously sent to the successor company
As soon as possible, and at least 15 days before the contract is to be executed, and, where this is objectively not possible, in good time, the successor company shall notify the regional offices of the trade unions that signed the CCNL. At the request of the latter, the Parties will meet prior to the handover to ensure the proper application of the conditions of the workers’ transfer. Upon expiry of the contract, two cases may occur:
a) in the event of the termination of a contract with the same terms, conditions and contractual performance, the successor company agrees to ensure the employment – without a trial period – of the employees hired under the existing contract as evidenced by documentary evidence at least 4 months prior to the termination of the contract, except in special cases such as resignations, retirements, deaths;
b) in the event of termination of the contract with amendments to the contractual terms, conditions and performances, the successor company – even if it is the same one that was already managing the service – shall be summoned to the local mandated Association, or in its absence to the local Labour Inspectorate or any similar local institution, where possible within the 15 days prior to the date of the termination of the contract with the company union representatives and the relevant local signatory trade union organisations for an examination of the situation in order to harmonise the changed technical-organisational requirements of the contract with the maintenance of employment levels, taking into account the professional conditions and use of employed personnel, also resorting to job-to-job mobility within the company’s operations or the use of solutions such as part-time, reduced working hours, flexible working days, layoffs.
Without prejudice to the provisions of letters a) and b) above, in procedures involving a change of contract the successor company shall take on as employees the employees and member-partners with subordinate employment relationships transferred from the terminating company.
Where the successor company is a cooperative, this is without prejudice to the employee’s subsequent right to formally apply for membership.
The member shall in any case be guaranteed an overall economic treatment not less than what is envisaged by this CCNL.
Such hiring does not constitute additional employment.
If at the time of termination suspensions of work are in effect that would otherwise result in the preservation of employment, the relationship shall continue under the employ of the terminating company and the employee shall be hired by the successor company at the time the cause for suspension ceases to exist.
Workers on leave pursuant to Article 31 of Italian Law no. 300/1970 will be hired by the successor company with direct and immediate transfer.
Workers employed under a fixed-term contract will be employed by the successor company until the expiry of the original relationship.
In any case of transfer of workers from one company to another pursuant to Article 4 of this CCNL, the period of apprenticeship already completed with respect to which the transferring company is required to provide appropriate documentation to the company taking over – shall be counted in full and shall count for seniority purposes.
As soon as it becomes official and in any case within the time necessary for the application of the procedures as identified above, the terminating company shall deliver the following documentation to the succeeding company relating to each worker meeting the requirements for possible hiring:
- name, date and place of birth, tax code and address of residence (or domicile, if different from the residence);
- any residence permit and its expiry;
- telephone number;
- extract of the last four months of the payroll ledger;
- classification level;
- type of contract, and for fixed-term contracts the expiry date and reason;
- weekly schedule;
- date hired in the sector;
- date hired in the terminating company;
- individual situation as regards sickness and injuries at work for the purposes of and within the limits set forth in Article 51, paragraphs 4 and 5, of the current CCNL;
as well as
- the list of personnel hired under Italian Law no. 68/1999;
- the measures adopted pursuant to Italian Legislative Decree no. 81/2008 on health and safety at work, with regard to health surveillance and the company physician, and to training and information initiatives, including the status of implementation of the obligations set out in the Agreement of 21.12.2011 between the Ministry of Labour and the State/Regions Conference;
- the education and/or training initiatives, including those relating to any vocational apprenticeship contracts entered into, as well as those relating to the Record of Personal Achievement as referred to in Article 2, letter i), of Italian Legislative Decree no. 276 of 10.9.2003 and to the Ministry of Labour Decree of 10.10.2005;
- the registration of workers in supplementary pension funds and the supplementary healthcare fund referred to in Articles 54 and 69 of the current CCNL.
For personnel involved in the handover referred to in this Article, the terminating company shall be exempt from having to pay the indemnity in lieu of notice referred to in Article 57.
STATEMENT FOR THE RECORD
The parties acknowledge that, in the event of hiring by direct and immediate transfer, the regulations referred to in this article are not intended to modify the scheme connected with the termination of contracts that provides for the termination of the employment relationship with the terminating company due to the elimination of the job pursuant to Article 3 of Italian Law no. 604/1966 and the establishment of a new employment relationship with the incoming company.
To this end, the parties recall and annex to this CCNL the memorandum of the Ministry of Labour ref. no. 5/25 316/70 API of 14.3.1992 confirmed by circular no. 5/26514/7APT/2001 of 28.5.2001 and the text of Article 7, paragraph 4 bis, of Italian Decree-Law no. 248 of 31.12.2007, converted into Italian Law no. 31 of 28.2.2008.