1. Social dialogue in Italy Social dialogue plays a key role in achieving equilibrium between social and economic progress of a society.

2. Social dialogue in Italy  European Social Dialogue, Tripartite or Bipartite The Social dialogue at EU level has been established through the Maastricht Treaty and is mentioned in art.152-154-155 of TFEU. It aims at :  adding value to Social Dialogues at the national levels of EU member states.  increase social cohesion in Europe  facilitate the exchange of information between social partners  provide a platform for European agreements and positions. In addition to the industry-wide dialogue there are the sectoral Social Dialogue Committees. EUROPEAN COMMISSION

3. Social dialogue in Italy Social dialogue can mean negotiation, consultation or simply an exchange of information and views. It can be bipartite or tripartite according to the number of actors involved. Normally are representatives of employers, workers and governments. It can be developed at national or local or sectoral level.

4. Social dialogue in Italy Italian Union historical development  end of 19th century - Beginning of the industrial relations in Italy with the establishment of the “Camere del Lavoro” Chambers of Labour;  1906 was established “Confederazione Generale del Lavoro” first large national trade union;  1910 was created “Confindustria” first large employers association;  1926-43 during the fascist regime ( creation of corporatist system) where by only 1 workers union (the fascist union) was recognized by the government which maintained strict control over it;  1943 Collapsing of fascism and abolition of corporatist system  1944 Union activists reorganize a national unitarian workers union CGIL Confederazione Generale Italiana del Lavoro  1948-49 2 separate unions founded : CISL Confederazione Italiana Sindacato dei Lavoratori and UIL Unione Italiana del Lavoro.

5. Social dialogue in Italy Italian Union historical development  With the reestablishment of the democratic regime the italian model of industrial relations radically changed after the II world war;  the 1948 Italian Constitution allowed the right to work(art.3) and reinstatement of freedom of association, the affirmation of the right to strike and the return of collective bargaining into the legal sphere;  art.39 of the Constitution “Trade Union organisation is free”;  Law n. 300 of 20 May 1970 better known as the “Workers Statute” (Statuto dei Lavoratori) strenghtened italian system of Industrial Relations (Art.19 recognises the workers right to constitute a representative body within the enterprise,RSA Rappresentative Sindacali Aziendali);  In the 80’s the government started to play an active role in industrial relations through tripartite agreements using the so-called “concertative” method including employers and employee unions  In the 90’s, following a severe economical and occupational crisis, two important Protocols were signed in 1993(on 23rdJuly and 20thDecember);

6. Social dialogue in Italy Social dialogue/concertation practices In the past 20 years in Italy the expression “concertazione” concertation has been used to define a “process whereby Trade Unions, Employers associations and the Government jointly discuss the main economic issues, with the aim of reaching a common understanding on objectives regarding growth, inflation, employment, productivity, collective bargaining, incomes, salary increases and social security reforms etc. (tripartite agreements)”. The most important tripartite agreement is:  the tripartite agreement of 23 July 1993 which outlined a thorough reform of the italian industrial relations system based on 4 main objectives: - income policies - a restructuring of bargaining procedures - modification of forms of workplace union representation (introduction of RSU Rappresentanze Sindacali Unitarie - Unitary Union Representative) - Policies on employment and measures to support the production system This agreement can be regarded as the first effort to create a systematic framework for workplace-level representation and collective bargaining.

7. Social Dialogue in Italy Trade Unions and Employers The Italian Constitution recognises the right of citizens to freely associate and join associations or unions. Art. 39 of the Italian Constitution states “Trade unions may be freely established.” Trade Union and Employers Association in Italy have both vertical and horizontal structure. The vertical level is organised according to the type of productive activity conducted by the firm in which their members are employed. The horizontal level is organised in function of territorial issues and is divided into: 1)National 2)Regional 3)Provincial

8. Social Dialogue in Italy Italian Trade Unions  Italian trade unions have more than 12m members. ( 49% are retired people - across the three largest confederations).  The union density rate in Italy is at 33.8%(2010). There are 3 main trade union confederations in Italy.  CGIL, 5,746,200 members,(left wing oriented) only 2,729,300 are employed (2009 figures);  CISL 4,542,400 members,(centre wing oriented) of whom 2,284,000 are employed (2010 fig.);  UIL 2,184,900 members(centre-left oriented) of whom 1,296,300 are employed(2010 fig.) These 3 confederations are also members of ETUC since 1975. There are other groups of trade unions outside these dominant confederations. The most important are:  UGL states has 2 m members(right wing oriented);  CISAL states has 1.7m members autonomous union and CONFSAL;  FABI banking sector, CGU teaching sector,CIDA Unionquadri Managers  “COBAS” groups of rank-and-file workers working in specific areas such as the railways or the airlines,who have frequently been involved in industrial action.

9. Social Dialogue in Italy Italian Employers Associations In the private sector, Confindustria, the General Confederation of Italian Industry (Confederazione Generale dell'Industria Italiana), is a member of BusinessEurope, and the largest organisation. It is composed by about 260 federations divided by sectors and provinces. There are several other organisations: - Confcommercio which unites enterprises in commerce and services; - Confservizi which represents enterprises in local public services; - Confagricoltura, Coldiretti and Confcoltivatori are organisations for the agricultural sector; - Confapi, Confartigianato and the CNA represent SME and craft workers; - ABI (Associazione Bancaria Italiana), which has included Assicredito since 1997 and represents a large number of banks. In the public sector, since 1993 the ARAN (Agenzia per la Rappresentanza Negoziale) has represented the State as an employer in collective bargaining.

10. Social dialogue in Italy Role of Trade Unions  Unions negotiate shop collective agreements and national agreements (including those concerning workers of several different fields);  Unions and employers’ associations contribute to the selection of a portion of the members of the CNEL (National Council for the Economy and Labor - Consiglio Nazionale dell’Economia e del Lavoro);  Unions and employers’ associations also contribute to the shaping of economic and social national policy (concertation method);  Unions, through dedicated organizations (Istituti di Patronato), also carry out counseling activities in social security and pension matters and, through other similar organizations (CAF Centri di Assistenza Fiscale), provide assistance in tax/fiscal matters;  Under the law, unions and employers’ associations designate their representatives in a number of governmental boards and committees.

11. Social dialogue in Italy Work Councils  Act 20th May 1970 n. 300, the so called Workers Statute (WS), recognised the right to trade union representation within enterprise employing more than 15 workers.  Article 19 of Worker Statute provided that a trade union Works Councils (RSA) Rappresentanza Sindacale Aziendale, should be established in a substantially non-electoral and unilateral way by “initiative of the workers affiliated within the “most representative” trade union organizations at the national level, within each “productive unit”.  Art. 19 was modified by a referendum (11th June 1995), so that in order to constitute a Work Council (RSA-RSU) workers may only refer now to the trade unions which have signed the collective agreement applied within the enterprise.

12. Social dialogue in Italy The RSUs “Rappresentanza Sindacale Unitaria” Unitary Workplace Representative body  The situation is now different, since on 20th December 1993 a tripartite agreement between trade unions (CGIL,CISL, and UIL), employer’s associations (CONFINDUSTRIA, INTERSIND) and Government provided a new form of trade union representative in the workplace. The Italian system of workplace representation is now distinguished at plant level by the presence of a representative body, the Trade Union Unitary Workplace Representative (RSU), elected by all workers (affiliated or not to a union) following a formal election. The RSA system has been de facto replaced by the RSU’s.

13. Social dialogue in Italy Number of Representatives No limit of numbers is provided for the RSA in Workers Statute of 1970. In case of election of RSU (as by collective agreement of Dec.1993), for each union, there shall be:  1) in units employing from 16 up to 200 workers, 3 union representative;  2) in units employing from 201 to 3,000 workers, 1 union representative for each 300 workers or fraction thereof;  3) in units employing over 3,000 workers, 1 union representative for each 500 workers or fraction thereof, in addition to the minimum number of representatives provided for under above.

14. Social dialogue in Italy Nomination of Representatives RSA representatives are nominated directly by the Employees affiliated to Union represented at plant level, which signed the collective agreement applied by the employer. No formalities and limits are provided by law with respect to their nomination. RSU representatives are nominated upon the initiative of the Unions representations and their nominations follow a formal election:  2/3 of the RSU are nominated by all the employees and  1/3 by the Union’s representatives. The date and place of the election must be noticed to the employees no later than 8 days before the election. RSU members are elected for three years.

15. Social Dialogue in Italy Role of Work Councils The Workers’ Statute grants RSAs (and the collective agreement of December 1-1993 extends to RSUs) certain specific power: 1 To call meetings of workers to discuss anymatter connected with trade union and working conditions; 2 To hold internal referenda; 3. To post notices, communications, and other documents on a Works Council’s notice board, which employers must set up within the productive unit. The collective agreement of December 1993 formally acknowledged the power of Work Councils (RSUs) to negotiate collective work shop agreements and the entitlement to consultation and information rights in enterprise which employ more than 50 workers.

16. Social dialogue in Italy Work Councils Rights Work Councils representatives are granted specific rights, such as:  the right to have paid and unpaid leaves for performing labour-related activity;  the right to avoid transfer from one place of work to another;  to be not dismissed without having previously obtained the consent of the territorial Trade Unions organisation.

17. Social dialogue in Italy TRADE UNION RIGHTS AT WORKPLACE There are circumstances in which the law provides rights not only to Work Councils, but also to Trade Unions representative that are external to a company:  In case of transfer of a business;  In case of collective dismissal;  Collective transfer of workers;  “In case an employer applies for cassa integrazione” (social schock absorber);  Implementation of Council Directive 94/45/EC on the establishment of European Work Council (they get involved in the appointment of a special negotiating body);  Implementation of Council Directive 2001/86/EC on employees involvement in European company (intervene in the appointment of a delegation body);  Implementation of Council Directive 2002/14/EC on employees right of information and consultation (in company with more than 50 employees the employer must inform on future trend of the company business and occupational situation, organisation of work and employment contracts;  Legislative decree n°81/2008 which consolidates the laws on safety at work: (1)all costs occurred to implement safety at work’s measures, must be disclosed to unions representatives upon request, (2) in company with more than 15 employees get involved in the election of workers representative for safety at work.

18. Social dialogue in Italy Work Councils activities on Employee Protection Rights  Strike recognised by art.40 of Italian Constitution  Anti-Union Behavior by the employer (effective remedy in court cases)  Checking And Safety Devices (use of remote control devices and personal body checks are not allowed at plant level) Other employee rights include: 1. In cases where a court uphold a claim of collective discrimination on the ground of sex, the employer must prepare a plan to remove the consequences of discrimination, and in doing so must take into account the remarks by the Works Councils or by the most representative unions; 2. Under the Workers’ Statute, Works Councils may check the quality of employers’ canteens; 3. During disciplinary hearings, employees may be assisted by union representatives (to whom they are affiliated or appointed for the occasion); 4. A workers’ representative for safety matters may file complaints with authorities in cases where the measures adopted by an employer to assure safety at the workplace are deemed inadequate; 5. Certain provisions strongly prohibit all discrimination on the grounds of union affiliation and activity.

19. Social dialogue in Italy Other Types Of Employee Representation  “Canteen Committees” (to monitor the quality of canteen services);  “Experts” (to provide technical remarks in the negotiation of specific issues, such as assembly line timings, shifts, etc.), and may continue to play a role today.  Representative for Safety Matters (“RSM”) in case of employers with more than 15 employees, the RSM should be selected among the Works Council’s members ; or in case of lack of Works Councils or in case of smaller employers, the RSM is directly elected by all workers.

20. Social Dialogue In Italy CNEL National Council for the Economy and Work (established in 1957 with law n.33/57) Constitutional Body(art.99) with a consultative role. It gives advice to the Parliament and Government on economic and labour issues.

21. Social Dialogue in Italy 1 President 64 Members 10 Experts Economic Social Legal fields 48 public and private sectors representatives 22 employees org.-9 self- Employed workers- 17 employers industry 6 representatives social services and Voluntary organisations The members of the Council hold office for five years and may be reconfirmed CNEL National Council for Economic Affairs and Labour

22. Social Dialogue In Italy CNEL The functions of CNEL shall be limited to matters within its competence, in this field:  express opinions (at request of Government, the Parliament or Regions)  promote legislative initiatives (economic and social legislation)  examines E.U. policies and produce evaluations and studies  promote and produce surveys, evaluations and studies on specific aspects of social and economic policies

23. Social dialogue in Italy CNEL Internal Organization The Assembly The President Board of the President Committee of the Presidency 5 Commissions Economic policy, European policies and competitiveness of the productive system Labour and Industrial policies Information Infrastructural networks, transports, Energy policies and Environment Social policies and Public A Administration Committees National committee for the coordination of local integration policies for foreign citizens Observatory on Social economy Committee on indicators of social welfare and well being (CNEL-ISTAT) National consultative committee for road safety National observatory of forest market and goods

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