From expired contracts to the TEC: here are the latest amendments to the 1 May decree. Confidence vote tabled

To facilitate the timely conclusion of national collective agreements, in the event that they are not renewed within the first nine months following their natural expiry date, and in the absence of any other contractual provisions, wages shall be adjusted by way of a lump-sum advance to 50% of the change in the IPCA-NEI (Harmonised Index of Consumer Prices excluding imported energy goods). In sectors characterised by high seasonality and revenue volatility – such as tourism – and in those providing healthcare and social care services at the expense of and on behalf of the NHS, the amount is determined by collective bargaining and may not exceed 50 per cent.

The Chamber of Deputies’ Labour Committee concluded its examination yesterday of the 1 May decree, instructing the rapporteurs to report to the Chamber this morning on the text of the measure which raised the flat-rate advance payment for expired contracts from 30% to 50%, accepting an amendment by the rapporteurs - Walter Rizzetto (the committee chair, Fdi), Tiziana Nisini (Lega), and Chiara Tenerini (Fi) – which reformulates the proposal by the Undersecretary for Labour Claudio Durigon (which, however, provided for retroactive effect that has been dropped). The same amendment provides that the parties, in exercising their contractual autonomy, shall establish appropriate procedures to ensure the regularity of renewals and mechanisms to guarantee adequate financial coverage during the contractual gap, taking the natural expiry date of the previous contract as a reference.

Following the start of the debate in the Chamber of Deputies, Luca Ciriani, Minister for Relations with Parliament, moved a motion of confidence on the bill. The vote will take place during tomorrow’s sitting, 10 June, from 12 noon, following the explanations of vote, which will begin at 10.20 am.

Another amendment proposed by the rapporteurs has been approved, having been reworded to remove a section that had provoked strong reactions from the CGIL, CISL and UIL. The definition of fair pay, identified as the Total Remuneration Package (Tec) in the leading collective agreements and required to qualify for statutory benefits, is therefore confirmed: it comprises ‘fixed and ongoing direct, indirect and deferred remuneration items defined in the agreements, including additional monthly payments and fixed and continuous allowances’, as well as ‘contractual welfare benefits granted to all employees and institutions or allowances with an economic value defined by the National Collective Labour Agreement (CCNL), excluding discretionary and variable remuneration items granted to individual employees. The (controversial) reference to equivalence for National Collective Labour Agreements signed by smaller trade unions, provided they comply with the TEC of the leading National Collective Labour Agreements, has been dropped, as has the Durigon amendment on the expiry of National Collective Labour Agreements not renewed for a period exceeding six years.

An amendment by the majority has been approved regarding staff leasing: a worker hired on a permanent basis by an employment agency may be assigned to a fixed-term posting to the same user, to carry out duties at the same level and in the same category for a total period of 36 months, even if not continuous and in addition to the 24 months (unless the user’s national collective agreement provides for a different limit).