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.