safeguard the perimeters company to bet on industrial development and quality. Defining new standards to protect workers in the disposal of businesses. How
SLC-CGIL, FISTEL-CISL, and UIL UILCOM we face today is not with the delicate topic of the sale of a business. In recent years, particularly in the telecommunications sector, we have been involved in difficult and complex disputes that led us to reflect: the current laws are meant to protect workers, have become in fact, over the years, a possible tool in the hands of companies to mask redundancies-maybe-deferred over time and to reduce the enterprise perimeter.
We then started from our experience and our current ratings: the field of TLC is undergoing a major reorganization, expressing a business model that do not share. We
vertical integration is a precondition for ensuring 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 sector so we TLC partiti, giudicando nefasta la possibilità offerta all’impresa dalle attuali norme, di smontarsi a proprio piacimento (incentivando tra l’altro il nanismo industriale).
Occorre, per noi, una nuova legislazione che possa permettere a tutti di distinguere, senza pregiudiziali ideologiche, tra cessioni di rami d’azienda che siano realmente autonomi e funzionali ad una maggiore specializzazione produttiva (e quindi anche ad un crescita nel tempo della qualità produttiva e dell’occupazione), da cessioni finalizzate esclusivamente alla riduzione dei perimetri aziendali e destinate a creare “scatole vuote”, senza ragione di essere se non quella di ridurre l’occupazione nelle imprese cedenti.
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 the blackmail of the 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 constraints were also very present in the formulation of the old 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 full employment stability within the branch assigned, at least for the duration service contracts and for a minimum period of 48-72 months when the supply
3. is a legally recognized union for the comparison period before the sale than is required by law 428/90, in order to allow a more careful analysis of the productive and social consequences of the transfer, especially for those holders of public licenses or otherwise operating on 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 enterprises and workers based solely 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 against del mondo delle imprese.
Ma proprio la bontà dell’accordo e del fatto che tale principio viene ora riconosciuti da parte anche di grandi imprese multinazionali rende ancora urgente un intervento normativa e più forti le nostre ragioni, a tutela dell’intero mondo del lavoro.
Roma 16/11/07
Le Segreterie Nazionali di SLC-CGIL, FISTEL-CISL, UILCOM-UIL
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