FOUR DRAFT LAWS PRESENTED BY CNEL TO PARLIAMENT
CNEL draft law on "creation of a unique identification code for national collective bargaining agreements (CCNL) to be implemented in collaboration with National Pension Fund (INPS)" (S.1232)
By defining a unique identification code for national collective bargaining agreements, the bill aims to stem the phenomenon of the proliferation of pirate contracts registered during the last decade. Today at the CNEL as many as 888 agreements have been deposited, divided into the different working sectors for which there is a corresponding national collective contact. Of these, only 229 in commerce and 110 in private institutions, relief organizations, health and third sector. With this bill, at no cost to the State coffers, the CNEL - in cooperation with the INPS - assigns a unique alphanumeric code to the collective agreements deposited. In this way, the existing procedures are unified and the INPS will use this numbering for its own institutional purposes (verification of compliance with the contributions, etc.).
In Italy, private employers do not have the obligation to apply a specific contract. In fact, in the same sector of reference, multiple national collective agreements coexist. Each organization is free to conclude with a counterparty a "national" agreement in a sector already covered by other "national" agreements signed by competing organizations.
This makes it necessary to identify useful parameters to identify which collective contracts can be considered the reference within the same sector, for example for judicial purposes, and to constitute a useful benchmark to trace the line of demarcation between contractual pluralism and unfair practice.
The structure of the registry established by CNEL and INPS is also valid as a reference base for redesigning the productive sectors and their respective borders. When fully operational, the common CNEL-INPS activity will allow to associate to each contract available in the CNEL archive the number of employees to which it is applied, based on the flow of communications that employers must send to the INPS.
CNEL draft law on "establishment of National Productivity Board" (S. 1214)
The bill presented provides for the creation, at the CNEL, of a super partes organization that analyzes and assesses productivity and competitiveness in Italy, monitors developments and proposes the necessary national policies and reforms for the relaunch of the economy.
The Board will be established on the basis of Recommendation 2016 / C 349/01, published in the Official Journal of the European Union of 24 September 2016. The CNEL runs as home to the Board for its constitutional nature and because it is the place of public debate and social participation. The Board will be composed of representatives of the CNEL and of various public institutions, as well as experts chosen among persons of recognized independence, proven professionalism and qualified experience at national and international level. Its establishment does not entail additional charges for public finance, since the Committee's operating expenses will be included in the financial resources assigned to the CNEL
The Board will carry out impartial economic analyzes, assess relevant measures and make recommendations that it will communicate to the European Commission. It will prepare and publish an annual Report preparatory to the European Commission analyzes carried out in the context of the European semester and the procedure for macroeconomic imbalances.
CNEL draft law to abolish the prohibition of simultaneous enrolment in various universities, faculties and various degree courses. (C. 1924)
This bill proposes the modification of Article 142 of the Consolidated Law referred to in the Royal Decree of 31 August 1933, n. 1592, and the suppression of the prohibition of simultaneous enrollment at different universities, different faculties or schools of the same university and at different degree or diploma courses of the same faculty or school.
The current legislation, as well as the legislation that regulates the introduction of the limited enrolment in some degree courses, in fact, seems to be going in a direction opposite to the urgent objective of raising the percentage of Italian graduates. Also the discipline that provides for the introduction of the limited enrolment should be subject to reconsideration, at least to achieve its mitigation. According to 2018 Eurostat data, the percentage of Italian graduates between the ages of 30 and 34 is just 27.8% and Italy ranks second to last in front of Romania. The goal set by the EU in Lisbon for 2020 was 40%. The EU as a whole, has reached an average of 40.7%, albeit with significant differences between individual countries. The proposal aims, without additional charges for the State budget, to expand the possibilities of training for students and allow simultaneous enrolment at different universities or institutes of tertiary education and at different faculties of the same university and also takes into account the position expressed by the National Council of University Students who recently approved a recommendation on the introduction of the possibility of simultaneous enrolment in more than one degree course.
CNEL draft law to amend art. 46 (“Report on the personnel situation”) of the legislative decree 11th April 2006, n. 198, "Code of equal opportunities between men and women" (C. 1925)
Even today, gender discrimination in the employment relationship takes place in the labour market, hindering the full integration of men and women in economic and social life. It is necessary to formulate a rule that makes certain the time frame of reference of the employment relationship, in order to guarantee a flow of traced data and their comparison and evaluation. According to Eurostat in Italy there is a gender pay gap of around 43%, at least 2 percentage points higher than the European average (41.1%). The wage penalty is even more striking for working mothers due to the rigidity of work organization and the inadequacy of corporate welfare. The INPS Annual Report 2018 reports a 35% loss of the salary of employed women following the birth of a child.
The text of the draft law states that if, within the prescribed deadlines, the companies do not send the report on the situation of the personnel, the Territorial Labour Inspectorate invites the companies to provide for it within 60 days. In the event of non-compliance, the Inspectorate applies a fine of up to 1% of the company payroll. In case of repeated non-compliance, the suspension for one year of the contribution benefits and tax benefits enjoyed by the company is applied.
Every two years, the CNEL sends a report to the Parliament containing observations and proposals, including legislative ones, aimed at guaranteeing effective conditions of equal gender opportunity in the labour market.