III^ nucleo tematico (Lezioni 17 - 23) - Lezione 24Test

There are four types of collective agreements in Italy: Corporate Collective Agreement, Collective Agreement foreseen by Article 39 of the Constitution, Collective Agreement adopted by decree under Law No. 741/1959, and Collective Agreement of common law.

This ruling declared the unconstitutionality of Article 1 of Law 1027/1960, which extended the effectiveness of the Collective Labor Agreement (CLA) to all members of the category to which the agreement refers, in a way different from that established by the constitutional precept.

It plays three functions: normative function, regulating individual employment relationships; binding function, regulating the system of relations between trade union parties; and management function.

There are three parts: the normative part, the binding part, and the economic part, which define the rules, obligations, and financial aspects of the agreement.

If included in company agreements under the Unified Text on representation, these clauses are not binding on individual workers but only on the employer, trade unions, and other organizations.

Normally, it is limited to members of the trade unions that signed the CLA due to the principle of representation. However, jurisprudence and legislation have sought to expand its scope.

The CLA can be applied to non-union members if both parties have explicitly or implicitly agreed to it.

These have been used by jurisprudence to extend the applicability of minimums set by collective bargaining, even to those who are not members of the trade unions that signed the CLA, despite these minimums not being binding on the judge, who can deviate from them for justified reasons.

It delegated the government to issue legislative decrees that would adopt CLAs to ensure non-derogable minimum economic and normative treatment for all members of the same category.

It requires the inclusion, in the specifications for public works, of an obligation for the beneficiary or contractor to apply or have applied conditions not inferior to those set out in the collective labor agreements for the category and area.

It has a duration of three years for the normative part and three years for the economic part.

If stipulated as a clause in the agreement, it implies the continuation of its effects after its expiration, until a new collective regulation is reached.

According to jurisprudence, it can operate even in a way that is worse for workers, with the only limitation being so-called vested rights, meaning rights that have already become part of the worker's patrimony.

It follows the hermeneutical canons of Articles 1362 et seq. of the Civil Code, not those provided for law by Article 12 of the preliminary provisions of the Civil Code.

It is free.

It only applies in a way that is worse for the worker and finds a normative foundation in Articles 2113 of the Civil Code and 829 of the Code of Civil Procedure.

It is only possible if expressly provided for by the CLA.

The criterion of aggregation is followed, according to which agreements are compared by institute, that is, by homogeneous sets of clauses.

If stipulated for special individual merits, they survive and accumulate with the benefits deriving from the new collective agreement.

According to the theory of incorporation, the subsequent collective agreement cannot modify in a worse way the provisions of the previous collective agreement acquired by the worker's patrimony through the individual agreement.

It can normally derogate from the law in a better way.

The criterion of accumulation is followed, whereby an accumulation effect occurs between the clauses of the contract that are possibly better than the law with the better treatments deriving from the law, without proceeding to compensation.

It has exceptions.

It allows derogation from the law in a worse way in matters specifically identified.

It is justified only in exceptional situations, to safeguard higher general interests, and therefore with a temporary character.

Within the framework of the Unified Text on Representation, it has erga omnes effectiveness if signed by the majority of the members of the RSU.

They have an indirect generalized effectiveness towards workers, through the exercise of the employer's proceduralized power by the agreement.

If signed by the RSA, under the Unified Text on Representation, it can be subject to a referendum if requested by at least one trade union representing one of the trade union confederations that signed the agreement, or by at least 30% of workers of the company.

It has effectiveness towards all workers concerned, on the condition of being signed on the basis of a majority criterion relating to the associations of workers that are comparatively more representative at a national or territorial level, or by their trade union representatives operating in the company.

They also operate in derogation of legal provisions that govern the matters specifically identified and the relevant regulations contained in national collective labor agreements, in compliance with the Constitution and the constraints deriving from Community legislation and international conventions on labor.

It is articulated at four levels: Inter-confederal agreement, National Collective Labor Agreement, Territorial Collective Agreement, and Company Collective Agreement.

It is a collective agreement aimed at defining general rules that concern workers regardless of the merceological sector they belong to.

They are governed by the principle of equal coordination.

It is governed by the actual will of the social parties, and thus, by the greater proximity, due to a mutual autonomy of the two disciplines.

It is governed according to the principle of competence, each of the two levels having specific characteristics and functions.