INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 1/13 MANAGING CHANGES IN EUROPE: INFORMATION AND CONSULTATION RIGHTS VS/2006/242 INFORMATION AND CONSULTATION RIGHTS: “The Italian case” By Francesco Lauria

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 2/13 Two important reasons… The two last EU enlargement Today the European Union has 27 members and in many new member States there are objective difficulties on trade-union rights The stalemate faced by the constitutional process Failed approval of the Eu constitution; it would have acknowledged constitutional status to information and consultation rights as defined by the Charter of Fundamental Rights done at Nice on 7 December 2000 The importance of Directive 2002/14 establishing a general framework for informing and consulting employees in the European Community

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 3/13 Four main EU Directives dealing with information, consultation and participation of workers Dir. n. 2001/86: “ supplementing the Statute for a European company with regard to the involvement of employees” Dir. n. 2002/14: “establishing a general framework for informing and consulting employees in the European Community ” Dir. n. 2003/72: “ supplementing the Statute for a European Cooperative Society with regard to the involvement of employees ” Dir. n. 1994/45 “ on the establishment of a European Works Council in Community-scale undertakings” (its revision is under discussion)

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 4/13 The transposition processes of Directive 2002/14 The Directive 2002/14 provides for demanding transpositions processes on a national level, to be undertaken by EU member States, both “old” and “new” ones. In Italy: This Directive is part of an industrial relations system where the collective bargaining and the bilateral dialogue are very important. A particular collaboration between firms and workers’ representatives is expected.

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 5/13 Tools for the transposition of Directive 2002/14 in Italy 1) Common Declaration by the social partners (27 November 2006) Signed by : -workers’ organizations (CGIL, CISL, UIL and UGL) -business organizations (Confindustria, Abi, Confcommercio, Coldiretti, Cna, Confartigianato, Legacoop, etc.) 2) Legislative Decree on the Directive transposition (Council of Ministers, 19 January 2007) Reception of the guidelines presented in the Common Declaration signed by the social partners

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 6/13 Definition of the information and consultation (and participation) rights “First generation of information and consultation rights”: these rights can be exercised by the workers’ representatives in the case of collective dismissals and firm transfers. “Second generation of information and consultation rights”: workers need to be informed and consulted when new technologies are introduced and on the matter of health and safety in the workplace. European Social Charter, Maastricht and Amterdam Treaties: information and consultation rights assume a stable, constant and autonomous configuration in EU law and a general application which is not connected to crises and business reorganization.

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 7/13 Information and consultation rights in the European and Italian industrial systems 1/2 They are considered as a continuum of participative conditions with variable intensity through which the workers’ representatives can influence the decisions taken by the firm in different ways. In the countries in Northern and Central Europe they are exercised mainly by firm committees elected by all the workers In the Italian industrial relations system the single channel of representation implies a tight connection between the rights of information and consultation on the one hand and the carrying out of collective bargaining on the other hand.

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 8/13 The unexecuted “labour” article of the Italian Constitution Art. 46 Italian Constitution (1948) “With the objective of economic improvements and the social betterment of labour and in harmony with the needs of production, the Republic recognizes the rights of workers to collaborate, in the ways and within the limits established by law, in the management of enterprises”

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 9/13 Information and consultation rights in the European and Italian industrial systems 2/2 Unlike the British case, the peculiarity of the Italian system hasn’t caused disputes or non-fulfilment of communitarian obligations This peculiarity therefore made the transposition process more complex. The transposition of the Directives on European Society and on Information and Consultation could lead to a legislative regulation not only of the rights of information, but also of the elective representatives in the firm, as provided for only in the public sector in Italy.

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 10/13 Main aspects introduced by the EU Directives on the matter of information and consultation in Italy 1/2 The regulation of the rights of information, in order to make them more structured and due, even in smaller organizational dimensions; The involvement of workers’ representatives belonging to the firm and not only to the territorial trade-union on the rights of information and consultation; The functionality to an anticipation of changes and not only to a concessive bargaining in the case of dismissals, transfers, crisis in the firm with social security cushions. Preventive role in order to influence the decisions taken by the firm.

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 11/13 Main aspects introduced by the EU Directives on the matter of information and consultation in Italy 2/2 In order to give a strong signal in the quality of the industrial relations system, a precise discipline on the rights of information and consultation is needed; The rights of information and consultation should go together with sanctions defined by the general legal system and not only by the trade-union (this aspect has not been treated by the Common Declaration by the social partners – November 2006).

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 12/13 Reality and efficiency of information and consultation rights in the Italian industrial system 1/2 Two main variables: Presence of trade-union organizations in the firm Quality of industrial relations in the firm The social dialogue praxis on information and consultation are more consolidated in the big firms (though with exceptions and not in all of them) In all the productive sectors there are contracts which have been posing information and consultation bonds for decades and they often automatically end up with bargaining.

INFOCONS Firenze, 1febbraio 2007 – A cura del CesosLucido 13/13 Reality and efficiency of information and consultation rights in the Italian industrial system 2/2 Important news introduced in Italy by the Directive 2002/14: Extension of rights: normally in Italy they could be obtained only by contract, while now they will be adopted by a law giving the guidelines without substituting the contracts. The Common Declaration signed by the social partners gradually lowers the applicability threshold defined by the employment contract; by March 2008 the minimal level of 50 employees should be reached. The CAE and SE Directives had an impact only on transnational corporations, while the Directive 2002/14 refers to all the firms.