Sanctions

29 November strike, there will be preceptorship: what it is and what might happen

Penalties of up to EUR 1,000 for each worker, and up to EUR 50,000 for each trade union responsible, in addition to possible fines of the Guarantors

by Giorgio Pogliotti

27 November 2024

Ecco cosa rischiano lavoratori e sindacati in caso di violazione della precettazione

3' min read

Key points

Economic sanctions against the employee
The Tar appeal and the precedent of the 2023 general strike
In the crosshairs of the Guarantors all 'rebel' trade unions
Fine of up to EUR 100,000 possible from the Guarantee Commission

3' min read

Cgil and Uil have adjusted the duration of Friday's general strike in the transport sector to the 4 hours indicated in the order of pre-emption: in local public transport the time frame affected by the strike is from 9 a.m. to 1 p.m. (with some differences in the time frame in the cities, depending on the guarantee periods), the same time frame applies to maritime transport, while in air transport the time frame affected by the stoppage is from 10 a.m. to 2 p.m.

CGIL and UIL had first rejected the order signed by Minister Salvini reducing the duration of the general strike in passenger transport to four hours. In the meeting convened on Tuesday afternoon at the Ministry of Transport, the two leaders Maurizio Landini and Pierpaolo Bombardieri announced that they would file an appeal with the judiciary to defend the protest called for the entire day on Friday - in compliance with the territorially articulated guarantee bands - in local public transport, rail and air transport, sectors covered by the order of the Minister of Transport.

But what sanctions are there for those who violate a precept order?

The economic sanctions against the employee

In the event of non-compliance with the precepts, Law 146 of 1990 provides for administrative sanctions against each worker 'guilty' of the violation, which can be determined, with regard to the seriousness of the infringement and the economic conditions, from a minimum of EUR 500 to a maximum of EUR 1,000 for each day of non-compliance.

An administrative fine ranging from a minimum of 2,500 euro to a maximum of 50,000 euro for each day of non-compliance is also imposed on workers' organisations that fail to comply with the ordinance, depending on the economic size of the organisation and the seriousness of the consequences of the infringement. The sanctions are imposed by decree of the same authority that issued the order - in this case the MIT - and are enforced by order-injunction of the Provincial Labour Inspectorate.

In the end, the unions abandoned the hard line and chose not to expose the workers to the payment of a financial penalty, thus deciding to comply, obtorto collo, with the order to reduce the duration of the protest in passenger transport. As has happened in the past.

The appeal to the Tar and the precedent of the general strike of 2023

Trade unions promoting a strike may appeal against the order within seven days of its communication (or the day after it is posted in the workplace) to the competent regional administrative court. The lodging of the appeal does not suspend the immediate enforceability of the order.

If well-founded reasons exist, the Regional Administrative Court, after hearing the parties' submissions, suspends the contested measure at the first available hearing, even only to the extent to which it exceeds the need to safeguard personal rights protected by the Constitution.

Also on the occasion of the general strike proclaimed on 17 November last year, again by CGIL and UIL against the 2024 manoeuvre, in order to oppose the preceptorship of the vice-premier Salvini, CGIL and UIL appealed to the Tar (Regional Administrative Court), without, however, obtaining a suspension order. At first, the two unions confirmed the modalities of the protest, only to announce in the run-up to the strike that it would be reduced to 4 hours in transport, as provided for by the order.

In the crosshairs of the Guarantors all 'rebellious' trade unions

After the strike, a meeting of the Guarantee Commission is also to be expected in order to open an assessment procedure first of all on the behaviour of CGIL and UIL, which have only partially accepted the decision of the Guarantors, excluding rail transport (passengers and goods) from the protest, but confirming the stop of employees in the Health and Justice sectors, contrary to the request of the Authority chaired by Professor Paola Bellocchi, who had asked for their exclusion.

In fact, the assessment procedure may also be extended to other grassroots trade union organisations that have proclaimed a general strike before CGIL and UIL, but have so far not accepted the invitation of the Guarantors. The acronyms indicated by the decision of the Guarantee Commission are Cobas, Adl Cobas, Slai Cobas and Clap.

Fine of up to EUR 100,000 possible

The procedure may end, if the violation is confirmed, with an administrative sanction against the trade unions considered responsible for violating the decision of the guarantee commission in an amount ranging from a minimum of 2,500 euros to a maximum of 50,000 euros for each trade union, taking into account the seriousness of the violation, any recidivism, the incidence of the violation on the emergence or aggravation of conflicts and any prejudice caused to users. The penalties are doubled in maximum (thus up to EUR 100,000) if the collective abstention is carried out despite the invitation resolution of the Guarantee Commission.

Giorgio PogliottiRedattore esperto
- @gpogliotti
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Lingue parlate: italiano e inglese
Argomenti: mercato del lavoro, relazioni industriali, formazione, welfare
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