Following our newsletter dated 20th December 2017, below are the main changes presented in the text of the draft renewal of the Italian logistics, transport and freight forwarding collective bargaining agreement on 3rd December 2017.
In addition to the economic and salary changes that provide for a 108 Euro monthly increase divided into four installments over the next two years, and the payment of a lump sum covering the contractual holiday period, new measures favouring employment have been introduced, for example through economic facilitated entry for the first four years for employing new drivers for an indefinite duration, in addition to temporary benefits linked to the validity of the national collective bargaining agreement for the reduction of working hours, former holidays and seniority increases.
Other noteworthy changes include the introduction of wage reduction mechanisms for sick leave after non-working days, aimed at discouraging and countering absenteeism; an innovative classification of mobile workers, now related to the type of services performed and no longer to the loading capacity of vehicles, as well as, in the context of a revised flexibility objective, a reformulation of the working hours of both mobile workers, through the introduction of the so-called “mobile week”, and non-mobile workers through the provision of a 39 hour working week over five or six days, thus eliminating the rigidity of the previous scheme and the obligatory nature of a corporate agreement.
Partially amending the chapter on the “labour market”, the draft agreement provides for the removal of the ban on the use of on-call work for workers, reserving the right to address in the Contract the issue of the possibility of receiving Naspi (unemployment benefit) in case of interruption of the on-call work relationship. With regard to the use of employment contracts with indefinite duration, no new elements were introduced, therefore the application ban remains.
Inverting completely what was previously provided by art. 30, it is now established that with the exception of filling and emptying containers, the driver is required to carry out and/or cooperate with the loading and unloading operations of the goods and of the empty loading units, transported or to be transported, on the vehicle driven by him, thus eliminating the so-called “ban on porterage”.
Further changes revolve around transfer regulations, which will be applied in the event that the worker transfers his residence and, in any case, if the distance between the previous production unit and the new one is of twenty kilometers or more.
Finally, the last aspect worthy of attention concerns the implementation of the rules on procurement that confirm the contracting companies’ obligation to outsource any warehouse activities only to companies that apply the logistics, transport and freight forwarding collective bargaining agreement, with the addition of a general prohibition of subcontracting (the assignment of a contract by a Consortium to an associated company remains excluded from the prohibition), as well as the necessary incorporation of the so called “social clause” in the contract with the incoming company, in order to guarantee a direct passage of workers without interruption.
(Labour Law department – Marcello Giordani – 0039 (0)2 39680538)
