Collective Labour Agreement Italy
Article 39 of the Constitution governs trade unions and stipulates that only registrants can obtain legal status and that collective agreements can be valid for all employers and workers. However, this provision was not implemented because no bill to regulate the registration of trade unions was passed. Italian trade unions therefore do not need to be recognised and can organise themselves without a pre-established legal model. They may enter into legally enforceable collective agreements under civil law, i.e. assuming that collective agreements were established on behalf of their respective members. As a general rule, employers respect the collective agreements of the main trade union and employers` organizations and pay for all their employees the wages according to them. The agreement aims to ensure that workers employed in the food and goods supply sector (a profession increasingly concerned by the entry of platform-based enterprises into the market) are covered by the terms of employment set by the NCBA. In particular, the parties agreed to adapt the NCBA-based occupational classification and to establish rules on aspects of working time and the level of pay for this category of workers by March 2018. The NCBA also makes it possible to use childcare contracts in the sector – a kind of employment contract that allows great flexibility in the level and allocation of working time. Under Act 623 of 1923, which is still in force, overtime must be paid with an increase of no less than 10% over the normal rate. However, the Italian courts have held that such a provision applies to all allowances received by a worker from his employer (i.e. the basic salary plus the bonus plus the bonus such as the cost of living, night work allowances or shale work, etc.), so that, in practice, overtime pay is about 30% higher than the basic rate. Many collective agreements provide that overtime pay is no less than 30%, but they can also – and often do – ensure that this bonus is calculated on the basis of a narrower definition described above.