The conversion law of Legislative Decree 19/20224, approved by the Chamber, rewrote a series of rules including the original provision governing the economic treatment of personnel employed in the procurement of works or services and in subcontracting.
There is now an obligation to apply the CCNL stipulated by the comparatively more representative workers’ and employers’ trade union associations on a national level.
On 18 April 2024, the Assembly of the Chamber of Deputies gave the first green light to the bill for the conversion, with amendments, of the PNRR decree (DL nn 19/2024), with respect to the further urgent provisions for the implementation of the National Plan of recovery and resilience (PNRR).
Some particularly important changes concern the art. 29, which contains provisions on public and private procurement in order to combat irregular work.
As regards the economic treatment of personnel employed in procurement, the provision governing the economic treatment of personnel employed in the procurement of works or services and in subcontracting in the context of public and private contracts for the construction works has been modified.
The original law provided for the obligation to pay the staff employed in the contracting of works or services and in subcontracting an economic treatment (as well as regulatory as specified in the referring body) overall no less than that provided for by the national and territorial collective agreement applied in the sector and for the area strictly connected with the activity covered by the contract.
Given the difficulty of defining from time to time the area of application and the contract most applied in that area, the new paragraph 2 of the art. 29 now imposes the obligation to apply the CCNL stipulated by the comparatively more representative workers’ and employers’ trade union associations on a national level.
Following the amendment, the art. 29 of Legislative Decree 19/2024 in question takes on the following wording:
“1-bis. Personnel employed in the procurement of works or services and in subcontracting are entitled to an overall economic and regulatory treatment no less than that provided for in the national and territorial collective agreement stipulated by the workers’ and employers’ trade union associations which are comparatively more representative on a national level, applied in the sector and for the area strictly connected with the activity covered by the contract and subcontract”.
The correct application of the art therefore returns. 51 of Legislative Decree no. 81 of 2015 according to which collective agreements mean the national, territorial or company collective agreements stipulated by comparatively more representative trade union associations on a national level and the company collective agreements stipulated by their company trade union representatives or by the unitary trade union representation.
Fiom-Cgil national
Rome, 19 April 2024
Tags: National FiomCgil Public private contracts subcontracts representative CCNL applies workers
