Confederal Press on Monday.
safeguard the perimeters company to bet on industrial development and quality
New rules to protect workers in the disposal of businesses
As SLC-CGIL, FISTEL-CISL, and UIL UILCOM we face not now con il delicato tema delle cessioni di ramo d’azienda. Negli ultimi tempi, in particolare nel settore delle telecomunicazioni, siamo stati protagonisti di vertenze difficili e complesse che ci hanno spinto ad una riflessione: le attuali norme legislative, nate per tutelare i lavoratori, sono divenute in realtà con il passare degli anni un possibile strumento in mano alle imprese per mascherare licenziamenti collettivi -magari dilazionati nel tempo- e per ridurre i perimetri aziendali.
Siamo quindi partiti dalla nostra esperienza e dalle nostre attuali valutazioni: il settore delle TLC sta attraversando una fase di profonda riorganizzazione, esprimendo un modello di impresa che non condividiamo.
Per noi l’integrazione verticale è prerequisite to ensure the ability to develop processes and products based on convergence and new services, personalization of offers, greater customer care on the development of Information Technology. Industrial development of quality businesses TLC you can then just maintaining the current perimeters and discouraging business strategies based on reducing the cost of labor and rights. From this our strategy based on industrial development and quality to maintain and grow the TLC sector, so we are parties, considering the ominous possibility offered to the company by current standards, removable at will (among other things, encouraging the dwarfism industrial).
must, for us, a new law that would allow everyone to distinguish, without ideological prejudice, including disposals of businesses that are truly independent and functional to greater specialization in production (and therefore also to a growth in time of quality of production and employment) from divestitures designed exclusively to reduce the corporate perimeter and designed to create "shell" with no reason to be but to reduce employment in the ceding companies.
What it is lacking today in our legal system - as already wrote in the letter dated February 20, 2007 sent to the Minister of Labour - is a suitable system of safeguards to allow this distinction and thus to assess the industrial merit of each choice, without blackmail disguised layoffs. How
SLC-CGIL, FISTEL-CISL, and UIL UILCOM then put at the disposal of the National Confederation of Parliament and the main governing party the following proposals, knowing that - if the art. 32 of decree no. 276/03 worsened the rule under Article 2112 of the Civil Code, replacing the existing requirement of the functional requirement with a more uncertain functional autonomy "identified as such by the transferor and transferee at the time of transfer" - regulatory limits were also present in the old well wording of the Civil Code.
Specifically we ask:
1) is repealed Article 32 of decree no. 276/03, restoring the pre-existing concept of functional autonomy, in order to give even greater stability and visibility to the organization of production cycles;
2) is recognized by law the principle of joint liability exists between the transferor and the transferee to ensure Total employment stability within the branch assigned, at least for the duration of service contracts and for a minimum period of 48-72 months when the supply
3) is recognized by law for a period comparison union before the transfer over to law 428/90, in order to allow a more careful analysis of the productive and social consequences of the transfer, especially for those companies hold licenses or otherwise operating on public services of general interest.
Only by enshrining protections fact that, in case of transfer of a business, there are no medium-term reductions in labor costs and rights, we can develop a relationship between the social partners and between business and workers based solely on the sharing or otherwise of industrial projects and therefore achieve a more balanced relationship between the legitimate choices of firms and the need for greater certainty on the part of workers.
These are the principles that should characterize for us a new law on outsourcing. In particular, the principle of shared responsibility between vendors and purchasers to ensure full protection against collective dismissals has been recognized for the first time and after a strong union mobilization, in an important agreement signed recently at the Ministry of Economic Development from three categories and the Vodafone-Comdata and we are sure will weigh positively in the industry and to the world of business.
But the goodness of the agreement and the fact that this principle is now recognized by large multinational companies also makes it urgent intervention legislation and stronger than our reasons, to protect the entire world of work.
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