What is Supplementary Collective Bargaining?

Article 7 (CCL) Supplementary Collective Bargaining

  1. Supplementary bargaining aims at the establishment of contracts that mutually bind the parties.
  2. The clauses of the signed contracts may be subject to subsequent authentic interpretations, even upon request from either party, following the procedures outlined in this article. The authentic interpretation procedure commences within seven days of the request. The duration of the authentic interpretation negotiation session is thirty days from the start of negotiations. Any agreement replaces the disputed clause from the beginning of the integrative contract's validity.
  3. The supplementary collective agreement has a three-year duration and pertains to all matters specified in the specific sections. Criteria for allocating resources among different usage modalities can be negotiated annually.
  4. The administration establishes the employer's delegation, if applicable, within thirty days of the signing of this contract.
  5. The administration convenes the union delegation to initiate negotiations within thirty days of receiving the platforms and, in any case, not before establishing its delegation within the deadline specified in paragraph 4.
  6. While respecting the principles of negotiation autonomy and those of behavior indicated in Article 8, if no agreement is reached within thirty days of the start of negotiations, potentially extendable for an additional thirty days, the parties resume their respective prerogatives and freedoms of initiative and decision on the matters specified in the specific sections.
  7. If no agreement is reached on the matters specified in the specific sections, and the prolongation of negotiations causes objective harm to the functionality of administrative action, in compliance with the principles of conduct in Article 8, the concerned administration can provisionally address the matters subject to the unsuccessful agreement until the subsequent signing and continue negotiations to promptly conclude the agreement. The minimum duration of negotiation sessions specified in Article 40, paragraph 3-ter of Legislative Decree No. 165/2001 is set at 45 days, potentially extendable by an additional 45 days.
  8. The control of the compatibility of supplementary collective bargaining costs with budget constraints and the certification of the related charges are carried out by the competent supervisory body pursuant to Article 40 bis, paragraph 1, of Legislative Decree No. 165/2001. For this purpose, the draft supplementary collective agreement defined by the parties, accompanied by the explanatory and technical reports, is sent to this body within ten days of signing. In case of observations by the said body, negotiations must resume within five days. After fifteen days without observations, the competent body of the administration can authorize the president of the public party's negotiating delegation to sign the agreement.
  9. In accordance with Article 40 bis, paragraph 2, of Legislative Decree No. 165/2001, the administrations provided for therein, having completed the internal control procedure in paragraph 8, transmit the draft supplementary collective agreement, accompanied by a specific technical-financial report and an explanatory report certified by the competent control bodies specified in paragraph 8, to the Presidency of the Council of Ministers - Department of Public Function and the Ministry of Economy and Finance - Department of the General Accounting Office. They jointly verify, within thirty days of receipt, the economic and financial compatibility. After this period, which may be suspended in case of a request for instructive elements, the public party's negotiating delegation can proceed to sign the supplementary agreement. If the feedback is negative, negotiations resume.
  10. Supplementary collective agreements must include specific clauses regarding the timing, methods, and procedures for verifying their implementation. They remain effective until the conclusion, at each administration, of subsequent supplementary collective agreements.
  11. Administrations are required to transmit, electronically, to ARAN and CNEL, within five days of final signing, the text of the supplementary collective agreement or the text of the acts assumed under paragraphs 6 or 7, accompanied by the explanatory and technical reports.
  12. Within 30 days of signing this national collective labor agreement, without imposing new or additional burdens on public finances, an observatory with parity composition is established at ARAN. It is tasked with monitoring the cases and modalities through which each administration unilaterally adopts acts under Article 40, paragraph 3-ter, Legislative Decree No. 165/2001. The observatory also verifies that such acts are adequately motivated concerning the existence of harm to the functionality of administrative action. Its members are not entitled to compensation, fees, emoluments, allowances, or reimbursements for expenses, however named. This observatory is a forum for discussing contractual issues of general relevance, also to prevent the risk of generalized disputes.
  13. The matters of supplementary bargaining, levels, and subjects are defined in the specific sections.

Article 42 - Subjects and Matters of Trade Union Relations

  1. Supplementary bargaining for universities takes place between the employer delegation constituted by the administration and the territorial representatives of the trade union organizations signatory to this National Collective Bargaining Agreement (CCNL) and the RSU.
  2. The employer delegation mentioned in paragraph 1 is appointed by the Board of Directors and is chaired by the Rector and the General Director or by individuals delegated by them. In University Hospitals, the employer delegation is appointed by the competent body according to their respective regulations and is composed of the holder of the representation power of the Hospital or a delegate and the Rector of the University or a delegate, from whom the president is identified.

  3. The subjects of supplementary bargaining are:

    a) criteria for allocating the fund mentioned in Article 63 among different usage modalities; b) criteria for using the quota reserved for the fund resulting from third-party activities or community programs and projects; c) criteria for defining the procedures for economic progressions as per Articles 64 and 66; d) criteria for awarding performance-related bonuses; e) criteria for awarding allowances related to the actual performance of difficult, dangerous, or health-damaging activities; f) criteria for determining allowances related to the actual assumption of specific responsibilities as per Article 91, paragraphs 2 and 4 of the CCNL of October 16, 2008; g) criteria for awarding additional treatments for which specific laws refer to collective bargaining; h) general criteria for activating supplementary welfare plans; i) guidelines and criteria for guaranteeing and improving the working environment, for interventions aimed at prevention and safety in the workplace; j) guidelines and criteria for implementing measures aimed at facilitating the activity of employees with disabilities; k) general criteria for determining remuneration values related to results and the achievement of assigned objectives for EP category staff; l) general criteria for identifying time bands of hourly flexibility for entering and leaving work to achieve a better balance between work and family life; m) elevation of the contingent of part-time employment relationships as per Article 56; n) defining the individual annual limit of hours that can be included in the individual account as per Article 27 of the CCNL of October 16, 2008; o) reflections on the quality of work and professionalism of technological innovations and computerization processes related to administrative services and in support of the University; p) extension of the limit specified in Article 4, paragraph 3, of Legislative Decree No. 66/2003 up to six months, as well as identification of reasons allowing for an additional six months.

  4. The subjects covered by Article 7, paragraph 6 (supplementary bargaining), are those mentioned in paragraph 3, letters i), j), l), m), n), o), p).
  5. The subjects covered by Article 7, paragraph 7 (supplementary bargaining), are those mentioned in paragraph 3, letters a), b), c), d), e), f), g), h), k).

  6. Subjects for discussion with the trade union entities mentioned in paragraph 1 include:

    a) articulation of types of working hours; b) general criteria for prioritizing office mobility between different workplaces of the administration; c) general criteria for performance evaluation systems; d) transfer or assignment of activities to other entities, public or private, as per Article 31 of Legislative Decree No. 165/2001; e) criteria for the assignment and revocation of tasks to EP category personnel; f) general criteria for the grading of tasks for D category personnel as per Article 91, paragraph 3, of the CCNL of October 16, 2008, and the EP category; g) general guidelines for personnel training plans; h) regulations for third-party activities.

  7. Besides the outcomes of the discussion and supplementary bargaining already provided for in the mentioned paragraph, information includes:

    a) university regulations, limited to the parts that have implications for the employment relationship; b) three-year personnel requirement plans; c) data on employment trends; d) data on fixed-term contracts, fixed-term supply contracts, and other types of flexible work.