La contrattazione interconfederale

Martone, Michel (2009) La contrattazione interconfederale. L'annuario del lavoro p. 121-127.

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The paper investigates the evolution of interconfederal collective bargaining in 2009. This was a year full of events, which opened with the subscription of the framework agreement on the reform of collective bargaining on January 22, 2009. In this perspective, the work analyzes the events which led to the failure to sign the agreement on the side of the main Italian trade union, Cgil, and examines the main innovations contained in the agreement, from the duration of collective contracts – which became of three-year, both as relates to the “normative” part (the one regulating rights and duties of contracting parties) and to the “compulsory” part (the one regulating every other item) – up to the introduction of HICP, the Harmonized Index of Consumer Prices, and to the strengthening of contractual decentralization. In addition to examining the limits of the agreement in the part devoted to union representation, the work focuses on the main innovation brought by this agreement, i.e. the so-called “opting out” clause. This clause, which is similar to the clauses for opening the German system of industrial relations, makes it possible for second level collective contracts, in specific situations and in accordance with “specific procedures, methods and conditions”, to “modify, thoroughly or partly, including on an experimental and temporary basis, individual economic or juridical institutions of national collective bargaining by economic activity”. In its final part, after an analysis of the main features of the interconfederal agreement subscribed with the Employers’ association (Confindustria) on April 15, 2009 and of the one adopted with reference to the public service on April 30, the paper emphasizes the temporary and incomplete nature of this type of agreement and traces the main problematic issues that need to be solved, starting with trade union representation.

Item Type: Article
Research documents and activity classification: Journal Articles > Articles > Articles published in or submitted to a Journal with IF
Divisions: Department of Law
Uncontrolled Keywords: concertazione, 22 gennaio 2009, opting out, contrattazione collettiva di secondo livello, deroghe, competitività, consenso, governo, riforma, assetti contrattuali, trattativa, accordo separato, produttività, rappresentanza sindacale
MIUR Scientific Area: Area 12 - Law > IUS/07 Labour Law
Deposited by: Michel Martone
Date Deposited: 01 Feb 2013 16:46
Last Modified: 21 Apr 2015 23:15


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