Speech by Alberto Burgio on the manifest of 20/11
A new law on 'businesses'
The case Vodafone. The limits of a bad rule worse by the "Law of 30." To change immediately
After the Protocol on the welfare agreement is reached on the sale of Vodafone's customer service group to Comdata. In both cases, the choices of union leaders have given the green light by referendums among workers. It is appropriate to speak of the successes of democratic participation?
There are different opinions on the Protocol, and the relevance of the question, is how the consultation, certainly not conducive to free expression of critical positions. Even on the agreement Vodafone is the verdict-Comdata discordant. On November 8, in these pages, Alessandro Genovesi called it a "breakthrough", while making clear that the SLC-CGIL maintains a critical view on the assignment. The good agreement contains safeguards for the 914 workers hired and the referendum would ensure union democracy. The opinion of most workers is very different. First, we need to take into account that workers have not been given the opportunity to oppose the transfer. The consensus of those who have accepted the agreement does not therefore imply a favorable view of the transfer. Quite the contrary. The agreement creates insecurity (in Vodafone contracts were open-ended) and there is no guarantee on any further outsourcing. There is talk of seven years of guaranteed work and is to be hoped that the clause inserted in the co-employer (the obligation for those who give, to ensure the protection of persons transferred employment) constitutes a parachute enough. Nothing has been requested and granted to the other 8 thousand employees Vodafone, who now fear for their future. No wonder that the consultation has just recorded 44.4% of the votes and the opposition of more than 41% of workers, which will therefore be transferred against their will.
That said, a point we can not agree with the Genoese. The existing legislation (the art. 2112 of the Civil Code be amended by a decree implementing the Law 30) is very bad, because it allows companies to treat their employees as "sandbags". The key point is the absence of constraints on the level that existed prior to the sale of the functional autonomy, which allows the company to change into "business unit" and give any group of employees. Violating a principle in force until 2001 and as reaffirmed by the Supreme Court as the European Directive 23/2001. Not only that. The total number of companies will determine disruptive consequences because, Instead, it is not given to workers oppose transfers that often mask pure and simple dismissals. Against this state of affairs, the European Court of Justice established the legality of legislating the right of the worker to "prevent the transfer of his employment." In vain, with regard to the Bel Paese, cradle of the "great flexibility" in which the work risks being reduced to a dependent variable of the production processes. And in fact the case
Vodafone (a multinational record annual profits of over € 4 billion) is just the tip of the iceberg. Genovese is right to call into question all those involved in a specific responsibility. We need a new law that puts an end to a bad habit no longer be tolerated. Even in this regard, however, requires careful evaluation. The codatorialità is necessary but not sufficient, because when the damage occurs (the crisis of the assignee) is made. It should therefore be accompanied by guarantees that cover preventive and functional autonomy of the business, with the consent of workers, who must be able to decide on its fate.
A bill of this kind (No. 2261) was tabled in the House last February. To call for an examination by the Labour Commission has developed in recent weeks a spontaneous mobilization tradottasi already over a thousand signatures * (Zanutto.giorgio @ libero.it). It's time to shake and move the complaint to the initiative. The insecurity is not just a temporary and false collaborate on projects. It is also the poisoned fruit of collective redundancies implemented with the help of a shameful law.
Alberto Burgio
* (George Zanutto is the promoter of this online petition)
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