Prepared by Marzio Scaglioni e Riccardo Riva
On 5th February 2021, the representatives of workers and employers in the metalworking and installation sector signed the agreement for the renewal of the national collective labour agreement, valid for the three-year period from 2021 to 2024. With a view to renewal, in addition to a revision of minimum wages, innovations have been introduced in the field of professional classification, supplementary pension schemes, smart working and flexible benefits, as well as measures dedicated to women victims of gender-based violence and the introduction of the “social clause” in tenders.
Salary increases as of 1st June 2021
The renewal agreement provides for a monthly salary increase for each classification level as of 1st June 2021, divided into four tranches (another three increases are planned for 1st June 2022, 2023 and 2024). The amounts, calculated on the basis of the “IPCA” inflation rate and incentivizing the new professional classification, this also planned from 1st June 2021, will amount to a total of € 90.40 (level D1), € 100.26 (D2), € 102.42 (C1), € 104.57 (C2), € 112 (C3), € 120.06 (B1), € 128.80 (B2), € 143.79 (B3) and € 147.22 (A1).
The professional framework and its new structure
The most important change introduced by the agreement, already mentioned in the previous paragraph, is the substantial and deep revision of the professional classification, the last version of which dates back to 1973, which is adapted to the most recent technological and professional innovations. The new single classification includes blue collar, white collar and middle management workers in nine levels, which are divided into four areas of role responsibility:
D. Operational Roles: levels D1 and D2;
C. Specific Technical Roles: levels C1, C2 and C3;
B. Specialist and Management Roles: levels B1, B2 and B3;
A. Change Management and Innovation roles: level A1.
The renewed professional classification will start on 1st June 2021: by 31st May 2021, Companies are required to adapt the classification of their workforce. Existing employees retain the length of service accrued as of 31st May 2021 for all contractual institutions, without prejudice to periods useful for transfer to the next level, as well as periods provided for in the case of temporary change of job. Another important change is the definitive elimination of the 1st category: as a result of this provision, all workers belonging to this category will automatically be classified at level D1, corresponding to the former 2nd category, as of 1st June 2021.
Supplementary pension scheme
From 1st June 2022 for workers under 35 years of age who join the “Cometa” Fund, the employer’s contribution will be 2.2% of the minimum contractual amount.
On the subject of “smart working” activity, the Parties signing the hypothesis of the agreement reaffirmed a) the equal treatment of workers performing “smart working” activity compared to those who work permanently in the office/workplace and b) the aim for a prospective determination within the collective agreement of a regulatory framework for “smart working” activity that regulates, among others, the exercise of the right to disconnection, the trade union rights, the protection of privacy, the management of IT tools and the right to training.
The hypothesis of the agreement examined provides for the structural confirmation of the provision of welfare supplies, the so-called “flexible benefits”, in the amount of € 200.00 for each year. In June of each year, companies will have to provide workers with these welfare supplies, which can be used by 31st May of the following year.
Measures dedicated to women victims of gender-based violence
For women victims of violence, included in a protection scheme, the right to take paid leave from work for a maximum of six months on an hourly or daily basis over three years is foreseen. The workers concerned are also entitled to: part-time working schedule, even temporarily, and facilitations in hourly flexibility and smart working activity; training upon return from absence and to ask for priority inclusion in planned training plans; transfer, with the same economic and regulatory conditions, if there are several workplaces, where allowed by the company’s organisation; benefit, subject to full respect for privacy, from agreements on solidarity holidays and paid leaves. Companies will have to “Declare” unacceptable any act or behaviour of harassment or violence in the workplace, as well as take steps to raise workers’ awareness on this issue.
The “social clause” in tenders
In the event of a change of tender, the agreement introduces the so-called “social clause”, providing for a specific trade union consultation procedure in order to guarantee workers with permanent employment contracts continuously employed for at least six months before tender’s expiry (or who have been hired to replace employees who have interrupted their employment during the six months prior to the expiry) that in the event of a tender’s change a) on the same terms and conditions (contractual terms, conditions and activities) the incoming company undertakes to hire the staff, b) under different terms and conditions (changes in contractual terms, conditions and activities) during the consultation procedure, the parties shall take steps to harmonise the new technical and organisational requirements of the tender with the maintenance of employment levels by making use of legislative and/or contractual provisions.
For a deeper discussion, please contact:
PwC TLS Avvocati e Commercialisti