Whereas:
- the body referred to in this Article will be the point of reference for all initiatives in the sector, coordinating with the National Observatory of the social partners, which will continue to carry out its functions of guidance and control of the labour market at the Ministry of Labour; the harmonisation of the provisions of this Article with any existing local agreements on the subject will be agreed to by the parties;
- the joint body is constituted by the signatories of this CCNL and has the purpose of creating and solidifying the conditions for a better development of the sector, trade union relations and the living conditions of the companies and workers in the sector;
- the employers and their employees agree to fully comply with the obligations and burdens arising from its concrete application, in view of the foregoing the following is agreed.
On 26 June 2003 the stipulating parties established the unitary ONBSI – Organismo Nazionale Bilaterale dei Servizi Integrati for the sector (with possible local offices), governed by its own articles of association and implementing regulation; the articles of association of the Body is annexed to this CCNL.
ONBSI promotes:
a) vocational training and qualification initiatives, including in cooperation with regional governments and other competent bodies, potentially assisting workers who have participated in them in finding new jobs. The promotion and management of the aforementioned initiatives must take place in compliance with the existing inter-confederation agreements and the bodies deriving from them;
b) retraining courses for personnel impacted by restructurings and reorganisations that result in the termination and/or suspension of employment for a period of time at least equal to what is envisaged by the relevant laws.
With regard to the enrolment of companies in the register referred to in Italian Law no. 82 of 25/2/1994 and implementing regulations, in liaison with Unioncamere and also in liaison with INPS, INAIL and the Ministry of Labour, the Body issues certificates attesting to enrolment in the Body and the payment of the relevant fees.
Furthermore, ONBSI may carry out the following activities:
- support and supplement the control functions of the competent Bodies, playing a role in the verification, control, monitoring and collection of data and reports that are produced in the procedures referred to in Article 4 (change of job contract) throughout the country;
- on the instructions of the national sector Observatory overseen by the Ministry of Labour, take initiatives aimed at creating concrete tools for analysing the sector in synergy with the Institutions (prime minister’s office, Cnel, Unioncamere, universities and research bodies, competent ministries, etc.);
- with regard to the requirements of Italian Legislative Decree no. 81/2008 and with respect to the specificities and peculiarities of the sector, promote in-depth studies for the concrete implementation of the law as well as for safety plans, and for the training of company managers and RLSs;
- research and process data, including for statistical purposes, on the use of agreements on fixed-term contracts by preparing training projects for individual professionals in order to make better use of the aforementioned contractual provisions, in full harmony with the relevant inter-confederation agreements.
For the implementation of the tasks referred to in the previous points and for the work of the National Observatory, ONBSI will prepare relevant work plans and submit the corresponding resource requirements for their procurement.
If the stipulating parties agree on the initiatives to be taken by the joint sectoral body, they will ensure the operation of the projects by identifying the relevant funding in equal measure for companies and workers (50% borne by the employers and 50% borne by the worker), also through the regional and/or national funding envisaged by current regulations, with particular reference to the Ministry of Labour (Professional Training Office).
With regard to the provisions of the preceding paragraph, and as set forth in the renewal agreement of 19/12/2007, ONBSI is financed by a contribution established at the rate of €0.50 payable by the employer and €0.50 payable by the worker on a monthly basis for 12 monthly payments, from 1 January 2008 to be paid quarterly. For part-time workers working less than 20 hours per week, the above amounts are reduced to €0.25.
Contributions throughout the country are collected by ONBSI through a special agreement defined with INPS for collection via the F24 form. In order to be recognised, local bodies must adhere to this method of collecting contributions.
The Local Bilateral Body performs the same functions as the National Body by carrying out an examination and study phase in order to grasp the particular aspects of the various situations in the region; the Local Bilateral Body promotes initiatives in the area of training and professional qualification also in cooperation with regional governments, local authorities and other competent bodies. As far as financing is concerned, the values will be defined at the local level.
From the month following the unanimous validation of the constitution of the Local Bilateral Body, ONBSI will distribute to the Local Bilateral Body 70% of the contributions collected that are attributable to it based on the workers actually employed in the requesting area, also for the purpose of implementing the projects as envisaged in the articles of association.
With a specific regulation ONBSI will determine the methods for the disbursement and management of the resources allocated to the area.
The Parties annex to this CCNL the standard articles of association of the local bilateral bodies, without prejudice to the bodies already established at the date of entry into force of this CCNL, which shall adapt their articles of association within the term of the contract.
Until the aforementioned validation, the operation of the Local Bilateral Bodies will continue to be financially ensured by the ONBSI for the implementation of shared projects according to the current practice.
NOTE FOR THE RECORD
In confirming that bilaterality is an important asset of the trade union relations system in the Cleaning, Integrated Services, Multi-services sector, the Parties agree and confirm that the principles that must characterise bilaterality and more generally contractual welfare relate to transparency in management, efficiency in operation, rationalisation in organisation, guarantee of future sustainability, ability to respond to the assigned purposes and expectations of workers and companies.
In view of the above, the Parties agree to initiate a discussion by the month of July 2021 aimed at updating and further developing the National Bilateral Sector Body (ONBSI) within the framework of the definition of a more general Governance Agreement of the bilateral system that promotes the representation of each component involved, in compliance with the principles of participation and contribution, as set forth in the CCNL for personnel employed by cleaning and integrated/multi-service companies, including the National Bilateral Body (ONBSI) and the Health Fund (ASIM). This discussion, aimed at reaching an agreement between the parties, which will identify better organisational solutions and new perspectives of bilaterality for the development of labour relations in the sector, will be concluded by October 2021.