by Josef Tschöll – from Il Libero Professionista Reloaded #24
After a long phase of negotiations and almost six years after the original expiry of the last agreement (CCNL stipulated on 17 April 2015), the social partners of the professional firms sector have laboriously found a renewal agreement. Particularly delicate was, obviously, the issue of wages which, over time, suffered a loss of their real value under the inflationary pressures linked to external events at a global level. But the renewal was also an opportunity to review some parts of the Ccnl no longer in line with the regulatory framework together with some aspects that have generated doubts in its application.
In parallel to the negotiations underway at national level, negotiations at territorial level were conducted in the autonomous province of Bolzano by Confprofessioni Südtirol / South Tyrol, active for many years in second level collective bargaining to manage the particularities of the sector. However, the signing of the local agreement preceded the Ccnl by a week.
Decentralized trade union relations
The Ccnl for professional firms entrusts a series of relevant skills to the territories. Of particular interest is Title II which assigns the methods of carrying out work performance, working hours and organization to decentralized bargaining, in order to encourage an increase in the quality and productivity of work, to allow the management of sectoral crises , as well as the emergence, stabilization and increase of employment. The renewal agreement leaves room for the second level of regional bargaining, giving the possibility of defining agreements related to seasonal activities. The art. 6 of the Ccnl then regulates the settlement of disputes at a decentralized level. Other matters where national collective bargaining offers space to the territory are supplementary social security (art. 18), apprenticeships (for professional qualifications and diplomas, partially for professional training and higher education and research) and fixed-term contracts for students universities and high schools.
Although the Ccnl does not explicitly entrust certain matters to territorial bargaining, the legislator recognizes the validity of these agreements, if stipulated by comparatively more representative trade union associations on a national level (art. 51, Legislative Decree no. 81/2015 – rules of reference to collective agreements). But let’s see below the points of greatest interest of the agreement signed in Bolzano.
The salary question
In addition to the regulatory part and that which regulates trade union relations (including the very advanced bilateral nature of the sector), the central issue of each agreement is wage increases for workers. At a national level, Confprofessioni has recognized a salary increase of 215 euros gross per month for the 3rd level, with the related re-parameterisation on the other contractual levels, which is to be paid in four instalments, starting with the pay period of March 2024.
In addition to the provisions of the Ccnl, the territorial agreement recognizes starting from January 2024 a territorial economic element (EET) equal to 125 euros gross per month. The EET will be paid for the contractually agreed monthly payments and constitutes the basis of calculation for the severance pay. Furthermore, the EET may be offset against any other economic benefits already granted to the worker by the employer and for which their absorbability has been agreed in writing.
To better understand the recognition of this remuneration item for workers in Bolzano, some specificities that are present at a local level must be understood. In particular, the labor market with one of the lowest unemployment rates in Europe and a lack of qualified personnel which is reflected in wages in all sectors. The factor of bilingualism (German/Italian) which is a central issue for linguistic groups and employers present in Bolzano with strong repercussions (not present elsewhere) on the job market and wages. Finally, the autonomous province has the highest cost of living in Italy and was a further reason to define a territorial economic element to compensate for this aspect. Therefore, the increases in the Ccnl and the territorial agreement are, in combination, also quite significant for the sector and a strong signal that it is possible to make collective agreements.
Treatment of illness and maternity/paternity
The territorial agreement provides for improved treatment for workers’ illnesses. The employer must pay a supplement to the sickness benefit paid by INPS from the 4th to the 20th day to reach 100% of the gross daily wage. The supplement paid by the employer is also due during the probationary period.
There is then a further supplement paid by employers in the event of serious pathologies and very favorable to workers if they find themselves in a particularly difficult life situation. In this case the amounts and periods have been further increased compared to the previous agreement signed on 19 January 2018.
Although the discipline provided for by the Bolzano territorial agreement on the integration of maternity or paternity allowance has remained unchanged, it should be noted that the same is an improvement compared to the signed Ccnl because it provides for an integration paid by the employer up to 100%. % of gross monthly salary.
Fixed-term and causal contracts
On the one hand, Confprofessioni Südtirol / Alto Adige has certainly worked a lot on the salary issue, but has also shown a certain firmness in requesting flexibility for some aspects of employment. The possibility offered by Legislative Decree 48/2023 was thus seized, which entrusts the social partners to regulate the reasons in the fixed-term contract when it exceeds 12 months in total duration. The reasons for the local agreement are, therefore, additional to what is foreseen by the Ccnl and identified as follows:
– start of new activities or merger/merger within the limit of 24 months within 36;
– projects and/or temporary assignments exceeding 12 months or extended beyond 12 months. For purely indicative and non-exhaustive purposes, the following are indicated as such: the obtaining of public and/or private contracts or assignments, research and development assignments, implementation of digitalization processes, etc.;
– in the event of temporary transformation of a full-time contract into a part-time contract for a duration exceeding 12 months.
The employer must include the specific reason with a description of the reasons in the fixed-term employment contract.
Apprenticeship
In the autonomous province of Bolzano, apprenticeships have always been of central importance as a tool to guarantee and encourage youth employment, having built a system of best practices (good practices) with its dual system. Confprofessioni Südtirol / Alto Adige has also regulated this institute for some time in the various agreements stipulated in the past (most recently in 2020 with the framework agreement on professionalizing apprenticeships with training regulations for the payroll operator). Compared to the previous agreement, the agreement now signed has specified that the regulations on length of service and seniority increases (according to the provisions of the CCNL) are also applicable to apprentices and the effective date of these institutions is that of the date of hiring ( excluding seasonal apprenticeships).
Other news
In the signed territorial agreement, there is still space for a regulation on salary increases for overtime, holidays, Sundays and night work for those aspects that are not regulated by the Ccnl. Two other interesting aspects of the local agreement are the regulation for children’s illness (recognition of up to three paid days according to the size of the employer) and the salary supplement paid by the employer (10 percent) during the leave of women victims of gender violence.
