Italy: The New Banking Collective Agreement

Last Updated: 23 September 1999

By Avv. Marco Maniscalco

The New Banking Collective Agreement 1

The Banking Collective Agreement has been recently (July 1999) re-negotiated.

Listed below are some of the highlights.

Classification of the employees. The first issue of particular relevance appears to affect the classification of the employees: in fact, a new category has been provided, namely the so-called "quadri direttivi". Such a category is divided into four levels which include those who are currently in the position of "quadri", "quadri super" and "funzionari". More precisely, the "quadri" and "quadri super" who are currently included in the 4th professional area (1st and 2nd wage level) will be put in the 1st and 2nd wage level of the new category called "quadri direttivi". The "funzionari" -except those who will be registered as "dirigenti"- will be included in the 3rd and 4th wage level.

Hours of work. The workweek for full-time employees who are not excluded from the limits on working hours is considered to be: 37,30 hours in case of termination of the normal working day before 6,30 p.m.; 37 hours in case of termination after 6,30 p.m.; 36,30 in case of termination between 7,00 and 7,15 p.m.; 36 hours in case of termination either beyond 7,15 or in case of a workweek of 6 days (6 hours per 6 days) or 4 days (9 hours for 4 days). Due to technical, organisational or commercial needs which can be foreseen and therefore programmed, the weekly working time can exceed the mentioned limits provided that (this is the so-called "orario multiperiodale"): (i) such "special" period does not last more than 4 months; (ii) the maximum working time does not go beyond 9,30 hours per day and 48 per week.

Overtime. Issues of particular relevance arise with respect to the regulation of the extraordinary work. Under the new agreement, employers may ask an employee to work beyond the above limits within the limit of 2 hours per day and 10 per week. The first 50 hours are not considered as overtime ("straordinario"): as a consequence, no overtime payments have to be paid by the Bank. In this case, the employee is entitled to a compensatory reduction of the daily working time in accordance with the new so-called "meccanismo della banca delle ore". In case of time worked that exceeds the mentioned 50 hours but does not exceed the limit of the second 50 hours, the employee is entitled either to overtime payments or compensatory reduction in lieu of the payment at his discretion. Activities performed beyond the third 50 hours (i.e. between 100 and 150 hours) entail the payment to the employee of additional compensation pursuant to the applicable legal and contractual provisions.

Overtime for "quadri direttivi". "Quadri direttivi" of the 1st and 2nd wage level are excluded from the limits on working hours. They are entitled to a lump sum payment amounting either to Itl. 2.150.000 or 2.250.000 depending on the level. "Quadri direttivi" who carry out working activity well in excess of the conventional limit of 10 hours per month ("prestazioni eccedenti in misura significativa il limite", states the new contract) are nevertheless entitled "to make the employer aware of the situation".

The employer, "once the situation will have been properly evaluated and having taken it into account", will grant the employees a yearly special payment. The wording used by the new agreement is quite generic and unclear. It can be said that the Bank may exercise a certain discretion in evaluating the employee’s right to this yearly special payment. It can be also said that such clause may easily give rise to possible requests by "quadri direttivi" of the 1st and 2nd level who may claim that they have worked "well in excess" of the above conventional limit, being therefore entitled to this payment.

Salary. A wage rise of 1,2% for the year 2000 and 1,1% for the year 2001 has been agreed as a recovery of the inflation. According to the main Italian business newspaper ("Il Sole-24 Ore", see article of July 13, 1999), the average monthly increase of the salary will amount to Itl. 101.000.

Moreover, the 14th monthly instalment has been repealed, the yearly remuneration being divided into 13 instalments. This will obviously result in an increase of the amount of the monthly salary.

Automatic seniority increases. These components of pay linked to the employees’ length of service will increase every 3 years instead of the current 2 years. Flexibility in the hiring of new employees ("Flessibilità all’ingresso"). A percentage of 10% of the work force can be employed with a fixed term contract. 5% of the work force can be used by means of temporary contracts.

20% of the current work force may ask to transform the employment contract from full-time to part-time.

A specific regulation of the so-called "telelavoro" (telework) has been provided. Employers are allowed either to hire teleworkers or to transform an existing regular employee -with his consent- to a teleworker.

1 A collective agreement (contratto collettivo di lavoro), in Italy, is an agreement concluded between a trade union organisation and an employer or an employers’ association, with the aim of establishing the content of individual contracts of employment and regulating relationships between the parties. It should be noted that collective agreements are private contracts and therefore are effective and binding only for employers who are members of an association which stipulates them and for those who, although not members of a union, choose to refer to the collective agreement in their individual contract.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions