Drafted by Marzio Scaglioni and Andrei Iulian Pollari
On March 22, 2024, u.s. Confcommercio, Filcams Cgil, Fisascat Cisl and Uiltucs Uil (hereinafter “the Parties”), signed the agreement for the renewal of the National Collective Labour Agreements (NCLA) Commerce, for employees of Tertiary, Commerce, Distribution, and Services Confcommercio companies that expired on 31/07/ 2019. This renewal is particularly important as it covers more than 2 million workers.
Among the most important amendments provided within the concerned agreement, there is also the one related to the NCLA minimum wage increase. More in detail, the amount will be € 240.00 (with reference to workers graded at level 4), which will be disbursed in several tranches. Please find below the summary table with the relevant amounts split for all contractual levels.
| Level | 01/04/23 | 01/04/24 | 01/03/25 | 01/11/25 | 01/11/26 | 01/02/27 | Tot. |
| Middle manager (so called “Quadro”) | €52,09 | €121,54 | €52,09 | €60,77 | €60,77 | €69,44 | €416,67 |
| I | €46,92 | €109,48 | €46,92 | €54,74 | €54,74 | €62,55 | €375,34 |
| II | €40,59 | €94,70 | €40,59 | €47,35 | €47,35 | €54,11 | €324,67 |
| III | €34,69 | €80,94 | €34,69 | €40,47 | €40,47 | €46,25 | €277,50 |
| IV | €30,00 | €70,00 | €30,00 | €35,00 | €35,00 | €40,00 | €240,00 |
| V | €27,10 | €63,24 | €27,10 | €31,62 | €31,62 | €36,14 | €216,83 |
| VI | €24,33 | €56,78 | €24,33 | €28,39 | €28,39 | €32,45 | €194,66 |
| VII | €20,83 | €48,61 | €20,83 | €24,31 | €24,31 | €27,78 | €166,66 |
| Sales Operator | |||||||
| 1st Category | €28,32 | €66,08 | €28,32 | €33,04 | €33,04 | €37,76 | €226,55 |
| 2nd Category | €23,78 | €55,48 | €23,78 | €27,74 | €27,74 | €31,70 | €190,20 |
In relation to the absorption of these amounts, the agreement specified that where they are not derived from seniority increases, they may be absorbed in the event of a specific trade union agreement or in the event of increases granted by the companies as a down payment or anticipation of future contractual increases (so called in Italy, Afac). It remains, however, the need to verify individual agreements that may provide for more favourable conditions.
The procedure provided for the renewal of the NCLA is modified. On that point, it is established that in the absence of a renewal agreement after 6 months (previously it was 3 months) from the expiration of the NCLA, an allowance called “contractual vacation” will be paid to workers for 14 months’ pay. Such provisional element of remuneration is, however, absorbable up to the amount exclusively from sums granted on account or advance on future contractual increases after the date of March 31st, 2027.
In addition, the Parties have signed that all workers in force on the date of signing the contract renewal (i.e., March 22, 2024) will be granted a “one-off” amount in order to cover the gap period in which the NCLA has expired. More in detail, the above amount will be equal to €350.00 (regarding employees classified within the 4th contractual level) and it will be paid in no. 2 tranches: the first installment in July 2024 and the second one in July 2025.
Below is the summary table of the one-time amount prorated for all other contractual levels.
| Level | July 2024 | July 2025 |
| Middle manager (so called “Quadro”) | €303,81 | €303,81 |
| I | €273,67 | €273,67 |
| II | €236,73 | €236,73 |
| III | €202,34 | €202,34 |
| IV | €175,00 | €175,00 |
| V | €158,11 | €158,11 |
| VI | €141,95 | €141,95 |
| VII | €121,53 | €121,53 |
| Sales Operator | ||
| 1st Category | 165,20 | €165,20 |
| 2nd Category | 138,69 | €138,69 |
Concerning the above amounts, the Parties agreed that these amounts will not contribute to the computation of any contractual institution, nor the severance pay.
Regarding the absorbability of the above one-off amounts, the Parties – within the under-analysis agreement – have specified that any amounts paid as future contractual increases and/or contractual increases are to be considered as advances also of amounts paid “one-off” guaranteed by the agreement signed on March 22nd.
Nonetheless, it should be pointed out that the absorbability clause has to be verified not only from an NCLA perspective but on an individual employment relationship basis, in relation to agreements made with individual workers that may provide for better conditions.
Regarding the supplementary Health Care scheme, according to Article 104 – “Fondo EST” fund, the mandatory contribution to the Fund will be increased, as of April 1st, 2025, by € 3.00 per month to be paid by the employer.
Concerning the health care fund “Qu.A.S.” as of January 1st, 2025, the annual mandatory contribution to the Fund will be increased, by € 20.00 charged to the employer in favor of the Middle Managers (so called in Italy, “Quadri”). In addition, a further € 20.00 will be granted as of January 1st, 2026.
As a novelty introduced by the new collective agreement, there is also the novelty regarding the discipline inherent to the fixed-term contract. More precisely, according to the new Article 71-bis, the Parties identify nine (9) new reasons for entering into (or renewing) fixed-term contracts of more than 12 months.
In addition to this first contractual solution, it refers to second-level bargaining for the identification of additional reasons as well as for agreeing on paths of stabilization, opportunities to increase the hours of part-time workers, and identification of events at the territorial level that justify the use of fixed-term.
Concerning the use of fixed-term contracts in tourist locations, the parties specify that at the territorial level – in addition to the reasons – the activities and the related periods that justify the need for fixed-term hiring related precisely to seasonality should also be identified.
With regard to the regulation of elastic clauses it was established that, for the purposes of the elasticity clause in the individual part-time employment contract, as of 1 January 2025, the indemnity should be paid to the employee from 120,00 € to 155,00 € per year and noncumulative (but monthly instalments).
Regarding parental leave, the contractual renewal has also introduced changes in this regard. There is a reduction of the (written) notice required for access to parental leave from 15 to 5 days.
In the case of leave for women victims of gender violence, the new collective agreement at the new Article 16 bis, recognizes for this category of workers an extension of the ad hoc leave ex art. 24, Legislative Decree 80/2015 with an additional 90 days paid at 100%. By extension, it is affirmed that the leave is available both on an hourly and daily basis, and is counted for seniority purposes, as well as for the purposes of accrual of vacation, additional months’ pay, and severance pay.
Female workers who are victims of gender violence are also given the option to take advantage of the following possibilities: temporary conversion of employment from full to part-time, exemption from inconvenient shifts for the year following the end of protection, and request for transfer to another work location.
Also, regarding the gender equality theme, it should be noted that the Standing Committee on Equal Opportunity, according to the new Article 6 of the same NCLA, the parties have also been assigned the additional task of disseminating and promoting initiatives aimed at reducing any gender gap, such as equality certification.
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