TERRITORIAL ALIGNMENT AND CONFLUENCE AGREEMENT

of

Collective Bargaining Agreement for Workers of Co-operatives in the Packaging Sector signed by

CONFCOOPERATIVE PROVINCIAL UNION CUNEO

e

FLAI - CGIL CUNEO

FAI-CISL CUNEO

UILA - UIL CUNEO

at

National Collective Bargaining Agreement for workers employed by cooperative companies in the processing of agricultural and livestock products and food processing

signed by

FEDAGRI - CONFCOOPERATIVE AGRITAL - AGCI

LEGACOOP AGRI-FOOD

e

FLAI CGIL

FAI CISL

UILA UIL

On 14 June 2022, at ConfCooperative, Unione Provinciale Cuneo,

Between

CONFCOOPERATIVE PROVINCIAL UNION CUNEO

e

FLAI - CGILCUNEO

FAI - CISLCUNEO

UILA - UIL CUNEO

20221213_CBA on AI_Cuneo

this Territorial Alignment and Merger Agreement was signed .

Sharing the will to continue with the realisation of conditions of greater efficiency and competitiveness in the sector and to enhance work and employment, as of 2016, the Parties signed agreements aimed at promoting, guaranteeing and evolving company production processes and regulations and protecting workers' income.

The Parties share the positive assessment of the importance of the sectoral collective bargaining agreement as a regulatory and incomes policy instrument, which plays a central role in guiding trade union relations and constitutes the primary source of reference for regulatory and pay institutions.

With particular reference to this aspect, the parties have identified a method of alignment consisting in the progressive application of the institutions of the National Collective Labour Agreement for workers employed by cooperatives in the processing of agricultural and livestock products and food processing (hereinafter, for brevity, CCNL) and the correlated and progressive replacement of the corresponding regulation given by the Collective Labour Agreement for Workers in Cooperatives in the Packaging Sector (hereinafter, for brevity, CCL), as resulting from the last renewal of 16 September 2011.

This text incorporates and unifies the agreements made to date between the territorial collective parties, thus constituting the updated and integral version of the territorial bargaining agreement referred to in the heading: to apply exclusively to the territory of the Province of Cuneo.

Therefore, the previous covenants of the Territorial Agreement texts, stipulated respectively on 13 June 2016, 3 August 2017 and 20 May 2019 (as well as those of the CCL of 16 September 2011), remain valid and effective, in relation to the agreed duration periods of each of them projected with a view to safeguarding and improving the conditions, both regulatory and remunerative, for the shared purpose of fully achieving the reference CCNL.

Foreword

A)

The undersigning parties, recalling the contents of the Preliminary Memorandum of Understanding of 3 August 2010 to the C.C.N.L. for Cooperative Enterprises, that of the contemporaneous Protocol for the "worker member" (Law 142/ 2001), place the common interest at the basis of this agreement:

-to concretely develop trade union relations and coherent behaviour in order to foster confrontation for a fruitful management of economic-organisational policy as well as income policy

-to ensure that labour relations at the various levels evolve in a harmonious, orderly, shared manner, fully responding to the peculiarities and needs of the various branches and sectors of activity.

-to regulate in a progressively uniform manner, at the level of institutions, the employment relationship between companies and workers.

The progressive implementation method is implemented through foresight:

-full application of the CCNL discipline (including its past and future renewals) as an objective to be achieved;

-of initial disapplications with respect to the articulation of the CCNL itself, which is gradually being reduced, in step with the abandonment of the CCL's previous regulations;

-of precise deadlines, verification negotiations and implementation of alignment;

-the negotiation of progressive agreements on economic and regulatory treatment.

On the basis of this methodical premise, the parties have articulated the detailed provisions in Article 2 of the section "Progressive Application of the Regulatory Part - Interpretative Criteria" below.

The expressions "derogation", "non-application", "prevalence of one contractual provision over another" are to be understood, for the purposes of this agreement, as equivalent to each other and designate instruments of contractual technique aimed at determining the elements of discipline whose progressive acceptance, to be agreed upon, leads to progressive harmonisation.

B)

The contractual system thus regulated corresponds to the commitment of the parties to fully implement the system of gradual alignment to the CCNL.

References to the discipline of the CCL still in force, which have hitherto been made in the previous texts of the Territorial Agreement by way of reference to the text of 16 September 2011, shall henceforth be made by way of transposition of that discipline into this Agreement.

Today's signatory parties also recall as a reference the contents of the recent Interconfederal Agreement of 12 December 2018 on the guidelines for the reform of industrial relations and, in particular, the explicit recognition that the typicality of the cooperative model, within which worker-members not only participate in the share capital of the cooperative but also hold associative rights, is one of the most valuable peculiarities of cooperation and a point of synthesis between labour, participation and the market.

In fact, it is recognised that the cooperative enterprise is in a different condition from the private one. It does not pursue speculative ends, but has as its primary objective the achievement, through management in associated form by its worker members, of employment continuity for workers and better economic, social and professional conditions.

C)

Having said this, the parties have initiated and have been conducting over the years, starting from 2016, a positive and shared path of evolution of the approach used as the genesis of the Collective Bargaining Agreement for Workers of Cooperatives in the Packaging Sector, on the basis of:

-of the evolutionary tendency typical of a mature labour market in the direction of sharing towards a reduced number of contractual instruments, with a national character;

-the pursuit of worker protection and income consolidation;

-of the contents and discipline in regulatory and economic terms of the CCNL taken as reference, an objective to be achieved in this alignment process;

D)

The parties have carefully considered and acknowledge the importance not only of the historical experience of the packaging sector cooperatives operating in the Province of Cuneo, but even more of the territorial and entrepreneurial specificity of the sector itself.

E)

Consequently, the parties attribute positive value and competitive advantage to the constant, analytical and informed consideration of the peculiarities of the structure of the contractual regulatory framework they are regulating in this alignment and merger agreement and the approach established herein.

The parties hereby undertake to foster and promote the implementation of this agreement.

F)

The activities referred to in Article 1 of the Collective Bargaining Agreement for workers of cooperatives in the packaging sector are recognised by the parties as being referable to and compatible with the scope of application of the activities referred to in Article 1 of the current National Collective Bargaining Agreement for workers employed by cooperatives in the processing of agricultural and livestock products and food processing.

In this regard, the concept of "packaging activity", described in the examples already in Article 1 of the CCL Packaging (consisting, for example, of

-selection, inspection and sorting of products with subsequent wrapping, canning, packaging, sealing and eventual cellophane wrapping;

-insertion of individual packages in eshibitors, which are in turn inserted into cartons or insertion directly into cartons;

-Placement of several cartons on pallets, order processing through loading and shipment of the pallets either to the customer's storage warehouse or directly to the buyer specified in the shipping order;

-labelling and packaging of products with subsequent placement on pallets;

-activities preliminary and complementary to portering;

-Bagging, bagging, weighing, tying, stacking and unstacking, pressing and packaging;

-operations preparatory, ancillary and complementary to packaging),

activities in general concerning unpacking/packing, assembling, bagging, labelling, to be performed manually or mechanically, of/on finished products.

The concrete object of the packaging, on the other hand, it is reiterated, does not automatically affect its manner of execution.

In any case, for the purposes of the applicability of this Agreement and the CCNL, the historical data of the lasting application of the CCL by cooperative enterprises that have legitimately adopted it, have given it and are punctually executing it in its entirety shall constitute an interpretative element.

That being said,

the following is agreed

General, programmatic and procedural rules

1.The recitals form an integral and essential part of this agreement.

1.bis. This Agreement shall enter into force on 1 July 2022 and shall be valid until 30 November 2023, a term coinciding with the term identified by the national social partners as the expiry date of the CCNL (ref. Art. 3 CCNL, as amended by the minutes of the agreement of 2 December 2020) and to this end agreed herein by the social partners of the territory.

2.The parties confirm that they are proceeding with the progressive alignment of the previous contractual regulations applied to workers of cooperatives in the packaging sector, according to the modalities distinctly considered below, in order to include the sector constituted by the cooperatives operating in the territory of the Province of Cuneo in the broader contractual reference given by the National Collective Labour Agreement for workers employed by cooperatives in the processing of agricultural and zootechnical products and food processing.

3.This Alignment and Confluence Agreement, in its relational, economic, regulatory and temporal aspects, will in fact be incorporated, to all intents and purposes, into the new sectoral contractual framework, with the modalities and scope of application specifically defined herein.

4.The parties have agreed to pay particular attention to matters (seasonality, territoriality, flexibility, quality, training, safety and, as from this renewal, also technological innovation) that are the subject of specific problems, without prejudice to any further specialisation delegated to possible company-level bargaining. With reference to these matters and issues, the parties shall adopt the measures best suited to the context as set out in the detailed rules contained in the "Special Rules" section.

5.The parties attach fundamental value to the agreed management of the progressive alignment of remuneration levels, also in consideration of the parallel evolution of the reference market in which the cooperative enterprises operate. It is therefore specified that, during the alignment period, the evolution of the CCNL will also be progressively harmonised by the parties, in the context of Articles 6 and 7 below.

6.The parties acknowledge and agree that such gradual harmonisation can and must be pursued and concretely carried out through a real evolution and application of the contractual institutions: both options made possible not only by the reference civil law, but also by the acknowledged improving value of the overall arrangement pursued herein and of the alignment path, as agreed herein and already concretely undertaken through the agreements set forth in the following "Special Rules" section. All this will be achieved:

-through the provision of increments in relation to salary levels;

-by intervening on institutions directly competing to regulate the so-called 'basic remuneration' or the composition of the so-called 'de facto global remuneration';

-also by intervening on institutions, in any event, potentially capable of generating economic effects (meaning, for the purposes herein, "economic" in a sense not immediately superimposable on "remuneration": thus, again by way of example, including institutions granting allowances, bonuses, etc.). ).

7.Consequently, the parties envisage a time progression of the foreseen harmonisation on the economic level, which will lead to full alignment with the structure of the CCNL. The time progression has assumed and will assume fundamental value in each of its deadlines, as a stabilising element and guarantor of the sustainability of the alignment path.

Accordingly, the following is agreed

a)The evolution of the application of contractual and economic alignment measures will be subject to constant monitoring by the signatory social partners.

b)The agreements with economic effects (understood in the broad sense in the last paragraph of Section 6 above), agreed upon in the following section of this Alignment Agreement, are and will be instrumental to harmonisation as of today's stipulation;

c)With regard to the provision of Article 7 General Rules, letter d) of the 2016 Agreement, the Parties that are today signatories and stipulators identify 30 November 2023 as the final date of the alignment pathway. Therefore, as of 1 December 2023, the CCNL for workers employed by cooperatives engaged in the processing of agricultural and livestock products and the processing of food products will become fully applicable.

d)The parties invoke to the fullest extent the principle of preservation of the contract as set forth in Articles 1367, 1424, 1446 of the Civil Code.

8.As from next September 2022, the signatory and stipulating parties undertake to initiate a wide-ranging discussion, with a view to the agreed end of the alignment process, to share the most suitable measures and modalities to facilitate the full application of the CCNL: taking into account the work of contractual definition of the recognised, specific activity carried out by the sector, carried out by the social partners of the territory during the previous renewals, which is now coming to an end.

What will be shared will be formalised in special minutes of agreement.

All Parties reaffirm, in a spirit of cooperation and in accordance with objective good faith, to exclude, on the occasion of such future stipulations, any value whatsoever to any "signatures for mere acknowledgement" or "with mental reservation" or similar formulations.

Such manifestations of will, if they occur, will be equivalent to non-signatures by the collective entity that expressed them; nevertheless they will not invalidate the full validity and effectiveness of the agreements instead reached by the other parties, again in accordance with the general principle of preservation of the contract.

The parties refer to the Interconfederal Agreement of 28 July 2015 on the Consolidated Law on Representation.

9.Trade Union Representatives

It remains up to the stipulating and signatory trade union organisations to elect the workers' representatives in accordance with the applicable Interconfederal Agreements and on the basis of the CCNL subject to the alignment pathway.

These representatives, once elected (RSU and RLS) and/or appointed (RSA and RLS) will be communicated to the Cooperative Associations by the FAI/ CISL, FLAI/ CGIL, UILA/ UIL.

The trade union representatives in question, in the exercise of the contractual and regulatory rights provided for such office, shall guarantee the necessary trade union assistance to all workers operating in the Cooperative Enterprises covered by this Agreement.

The parties recognise the figure, on the workers' side of the trade union, of the "Subdivision Delegate"; this figure will act as technical/political support to the trade union side itself and to all the workers of the provincial subdivision, for matters that all fall within the competence of the Joint Observatory

For the territory of the Province of Cuneo, three sectoral delegates are defined, who will be identified from within the workers' trade union organisations already signatory to the Territorial Agreement.

9a) Safety at work

The parties recognise the importance of the role of the RLSs in individual cooperative enterprises, also for the purpose of constantly collecting data on the frequency and severity of accidents: to provide statistically useful elements to take a snapshot of the evolution of the sector from this specific point of view.

The parties undertake to also promote, in this context, the collection of data on near misses.

Lastly, the parties confirm their mutual willingness to carry out in-depth studies on the aforementioned evolution of the sector from the security point of view, in the event of the emergence of significant phenomena that show the advisability of promoting initiatives (study, research, promotion) of territorial relevance.

9b) Joint Observatory on Contract Management.

The parties reaffirm the maintenance of the Joint Observatory for the management of the Territorial Agreement of Alignment and Confluence and the verification of the overall state of its application also within individual cooperatives.

This Observatory will be composed of representatives of the workers and the signatory Cooperative Association.

The Observatory is continuing to verify every profile pertaining to the punctual application of the rules of this Agreement and its predecessors, as well as the already applicable rules of the target CCNL, in terms of their regulatory contents as well as their remuneration: also through the activation of the most suitable training, awareness and publicity initiatives.

The Observatory will also carry out a constant examination of the general problems of the sector, with particular attention to the organisation of work and vocational training, in order to contribute to an effective development of employment and entrepreneurial activities within the cooperative movement represented by the stipulating and signatory Associations of this Agreement.

The Observatory will have to meet at least every four months to carry out its activities.

9c) Contractual Assistance Contribution

Notwithstanding the provisions of Article 14 paragraph 2 of the CCNL (therefore not applicable), the following is agreed.

The Cooperatives that refer within their regulations, or that in any case apply, the Territorial Alignment and Confluence Agreement are obliged to pay, in favour of the stipulating workers' trade unions, a contractual assistance contribution determined, for each average employee in the calendar year, as follows

othe equivalent of 10 hours, if the number of employees does not exceed 1,500;

othe equivalent of 9 hours for a higher number of employees. The number of employees shall include all employees of the Cooperatives which, exclusively or predominantly, operate in the sectors referred to in point G of the Preamble of this Territorial Agreement of Alignment and Confluence.

The hourly amount of the contribution is equal to the contractual pay of the 5th level.

A company that fails to pay this contribution will have to pay workers an increase of EUR 0.50 per hour.

10.Ente Bilaterale della Cooperazione Cuneo

The active and proactive role of representing the needs of workers in the sector within the Bilateral Body is reconfirmed for the stipulating and signatory trade union organisations: FLAI, FAI and UILA.

Co-operatives applying this collective agreement shall pay contributions to the Bilateral Body (amounting to € 22.00 per average employed worker per year).

If the Co-operative fails to make the payment referred to in the preceding paragraph, it shall pay each worker an increase in the E.A.R. of €25.00 per month.

The undersigning and stipulating parties express their common conviction that any failure to pay contributions to the Bilateral Body (of course in the absence of recognition of the increase of the E.A.R. referred to in the immediately preceding paragraph) constitutes, for the cooperative incurring such a failure, a material breach within the meaning of Article 1, paragraph 1175 of Law 296/2006.

Consequently, they undertake to take the necessary steps with the competent bodies and organisations.

11.Technological evolution, innovation, information.

The Parties consider technological evolution to be an essential component of the resources that can guarantee a future to the territorial production sector, whose activities are considered by this Agreement. Therefore, the Parties to the Territorial Agreement grasp with favour and evolutionary intent the principle set forth in Article 6, paragraph 3 of the CCNL, as amended by the renewal round of 2 December 2020 and which is reproduced below:

"In this sense, in the light of the major transformations taking place in the Italian social and production system, the Parties consider the issue of organisational participation of female and male workers both on internal processes and on the strategic lines of companies to be fundamental",

as well as the provisions of the new Paragraph III of Article 21 CCNL, inserted in the same round of renewal, in the part where it points out:

"Technological innovations, digitisation processes, computerisation and increasing plant automation are having an increasing impact on the organisation of work and production processes and, consequently, on the knowledge and skills expressed by human labour".

In this context, also in light of the contents of the European Commission's Proposal of 21 April 2021 for a Regulation laying down harmonised standards on artificial intelligence, the Parties to today's Territorial Agreement intend to share some basic assumptions, which may serve as a guide to the relations, on the subject, that may take place in individual companies.

1-Innovation tends to be a never-ending path, in respect of which updating, training and planning skills must be cultivated and put in the best possible position.

The assessment of the characteristics of an operational and production context is, therefore, referable to the given moment when it was made and is liable to lose validity if carried over to a later time.

2-The company's adoption of robots/cobots and/or artificial intelligence to make them part of its production process is an evolutionary and competitive factor in itself positive.

3-It is recognised that such adoption can also have concrete impacts at the organisational level of the individual company.

4The general values shared by the Parties to this Territorial Agreement, in terms of content, are:

  • the need for human control to persist, with a reduction in the possibility of measures or decisions being taken in an automated manner, as a result of the mere processing of data by algorithms;
  • the reliability and verifiability of data and evaluation paths;
  • the recognition, to the worker who interacts in a direct and habitual manner (consistent with the tasks entrusted to him/her and the training received), with an Artificial Intelligence, of the role of "user" of the same (limited to the functions of the same that are under the worker's direct responsibility and/or power of action);
  • the recognition of the specificity of each company, also in relation to the innovation measures it has decided to adopt.

5-Another value shared by the parties to this territorial agreement, on a procedural level, is the need for information (also in view of the various regulations already in force in the various areas) on the possible effects of the innovations in question:

5/1: on the subject of work safety (a profile on which the Parties refer to the provisions of Article 8, letters A and B of the CCNL, with the additions made by the Renewal Agreement of 2 December 2020);
5/2: on the subject of evaluation possibilities:
A - of performance;

B - of the quality of the performance rendered in a broad sense (thus not limited to purely quantitative performance) by individual workers or groups of them;

5/3: on the subject of employment.

6-Therefore it is agreed that it is important that the company, which intends to adopt robots/cobots and/or artificial intelligence (not merely on an experimental basis and/or limited to positions outside the production process in the proper sense), should inform the Company Trade Union Representatives (or, in the absence thereof, the Territorial Unions stipulating this Territorial Agreement), prior to their adoption, pointing out

  • type of innovation, its essential technical components and its expected impact on the production cycle and the pre-existing organisational set-up;
  • in the case of Artificial Intelligence:
*the type of data they are called upon to collect;

*the times and modes of data retention;

*the purposes of their collection.

Progressive application of the regulatory part - interpretative criteria

1.The parties confirm the path that has seen the entry into force (subject to the exceptions agreed in the various renewal rounds), of the regulatory part of the CCNL for workers employed by cooperatives engaged in the processing of agricultural and livestock products and food processing (hereinafter, for brevity, 'the CCNL' or 'the National Contract'), as of 1 July 2016.

Progressive alignment, consistent with the premise has been and is being achieved:

a)retaining in force, with the original text being incorporated into the present, provisions of the original CCL instead of corresponding provisions of the target CCL;

b)by regulating, in the manner and at the time agreed upon herein, institutions of the latter in a manner inconsistent with their regulation.

In either case, the specific discipline contained in this Alignment Agreement prevails over that of the CCNL, where it differs.

At the same time, for all matters not expressly mentioned in this Agreement, reference shall be made to the provisions and regulations of the CCNL for workers employed by agricultural and livestock product processing and food processing cooperatives.

It is hereby agreed that in the event of any doubt as to the interpretation of the application of the clauses of this Alignment Agreement (and/or other agreements referred to therein) with respect to the clauses of the National Collective Labour Agreement, the teleological interpretation, based on the criterion of the progressiveness of the alignment process itself, shall prevail and be decisive: all this in light of the value, in any event recognised as an improvement, of this Agreement and the previous agreements referred to in the foregoing, with respect to the 2011 local collective bargaining agreement.

Special Rules

A-Classification of workers, role of safety officer, job allowance.

1.Homogenisation of declarations

The reconciliation of the declarations in Article 4 of the CCL to the declarations in Article 21 of the National Contract is confirmed as follows:

  • Former 1st level: 6th level (former factory workers).

  • Former 2nd level Junior: Sixth level (former blue collar workers); with immediate application, also considering the tasks carried out prior to the signing of this Agreement, of paragraph 5), section "ii) professional mobility", of Article 21of the CCNL.
  • Former 2nd level: Fifth level (former white-collar, former blue-collar workers).
  • Former 3rd level: 4th level (former white-collar, former blue-collar workers).
  • Former 4th level: 3rd level (former white-collar, former blue-collar workers).
  • Former 5th level: Third level A (former clerical staff, former middle management, former manual workers).
  • Former 6th level: Second level (former clerical staff, former middle management).
  • Former 7th level: First Level or First Level A (former clerical staff) depending on the specific tasks performed.
  • Former 8th level: First Level A (former clerical staff)
  • Former 9th level: Cadres.

1a) Security officers.

The Parties, recognising the importance of the provisions introduced by Article 13 of Law 215/2021 (converting Legislative Decree No. 146/2021), in relation to the role and responsibilities of the safety officer, defer to national bargaining the full regulation of the subject.

B-Working hours, flexibility, time bank

2.Working hours

The company provides, through its organisation, for the acquisition of work and its distribution to each worker on the basis of the tasks assigned, the professionalism possessed, the degree of responsibility acquired and the type of relationship in place.

The time for contractual purposes only of the individual worker is set at 40 hours per week, in accordance with Article 27 of the CCNL, paragraphs 1 and 2.

In the context of this territorial agreement, the company shall endeavour to favour, in accordance with service requirements, the maximum employment opportunities by giving preference to the employment of workers whose professional skills are best suited to the needs of the client and in any case of the business.

The same criteria will be used at the time of job placement if the number of workers waiting for work exceeds the number of available jobs.

At the request of the company trade union representatives and/or the territorial trade union organisations that are signatories to and signatories to this Agreement, the individual company shall communicate the decision-making criteria followed.

The company will promote the continuous improvement of the professional skills of workers, providing specific training for this purpose.

3.Seasonality, schedule flexibility - overtime and time bank

The Parties acknowledge the peculiarities peculiar to the cooperative production system, also found in the sphere of directly related activities, such as those ascribable to the shared notion of 'packaging' (a system strongly conditioned by market trends, raw material procurement, seasonality of consumption and production, and specific needs of customers and consumers).

Consequently, the Parties recognise that it is essential for cooperative enterprises to seek further instruments agreed with the company trade union representatives and the territorial SS. stipulating this agreement, aimed at making critical phases manageable according to criteria of mutuality and equity; that is, at favouring opportunities for growth and affirmation, with consequent positive implications on working conditions and opportunities.

The parties recognise that, in order to respond to the flexibility needs of cooperative enterprises through solutions that also take into due consideration the conditions of workers, negotiations may be initiated to define agreements with company trade union representatives and the territorial trade union organisations that are signatories to this agreement, at a company level, even on an experimental basis, referring to the entire company or to branches of it, which provide for the use of working time management mechanisms that are additional and different to those provided for in Articles 27, 28, 28bis, 28bis and 29 of the CCNL.

For the purposes of the negotiation referred to in the preceding paragraph, the companies shall inform the company trade union representatives (and/or the territorial trade unions that are signatories to and signatories to this agreement) of the flexibility requirements manifested by the client, with a reasonable time frame and without prejudice, in cases of urgency, to information subsequent to the measures adopted immediately.

The parties stipulate that the percentage limit for temporary workers is:

a)calculated on an annual basis instead of quarterly;

b)defined in percentage terms in any company bargaining, given the specific seasonal and therefore flexibility needs of each cooperative in the sector.

The agreements resulting from the bargaining referred to in paragraph b) above may also identify for the permanent, fixed-term and seasonal workers involved, different working time arrangements, less than those of Article 27 CCNL, correlating the distribution in time, duration and remuneration of the service.

In view of the above and for objective, technical or work organisation reasons, with information to the company trade union representatives (and/or to the territorial OO.SS. signatories and signatories to this agreement), without prejudice to the limit of the maximum weekly working time of 48 hours including overtime - as per paragraph 2, Article 4 of Legislative Decree no. 66/ 2003 - the average weekly working time shall be calculated (by way of derogation from what has been established and on the basis of the provisions of Article 28 ter of the National Collective Labour Agreement for Co-operatives for the Processing of Agricultural and Livestock Products and Food Products), over a period longer than four months and more precisely over a period of 12 (twelve) months starting from 01.01 to 31. 12. of each year.

Co-operatives undertake to fully respect Articles 7, 8 and 9 of Legislative Decree 66/2003.

The accrual in the time bank of the hours in excess of the normal working hours (daily and/or weekly) performed, including the translation into hourly terms of the relevant surcharges, contractually provided for by the CCNL Cooperatives for the processing of agricultural and zootechnical products and food products, may be made at the employee's request for the entire amount of the overtime hours worked and of the aforementioned hourly quantification of the corresponding surcharge, or for the single hour with the exclusion of the surcharge, as already provided for by the CCNL itself.

Therefore, for one hour of overtime actually worked, the employee may set aside one hour (1), plus the relevant contractually provided surcharge, translated into minutes, or alternatively, if requested, set aside only the hour, with payment of the surcharge then being made together with the relevant month's pay.

This recovery can be achieved within a period of 12 months, with priority given to periods of lower production activity or cyclical contraction of the activity itself, all in relation to the resumption of the next production year.

Moreover, the aforementioned recovery will also take place on the basis of the needs of the worker concerned compatible with the technical/productive/organisational needs of the company.

If there is a possibility that, for objective and unforeseeable reasons, the employee may start work a few days later than the date of recruitment, the accrued hours bank can be brought forward, by means of a so-called 'anticipation of the accrued hours bank'.

4.Other ways of managing work reductions.

Where no agreements are reached pursuant to the above article (reaffirming the favour of the collective parties for the adoption of part-time relationships, including cyclical/multiple-period relationships), the companies shall manage the time phases of total or partial impossibility to provide work opportunities, by means of unpaid work suspensions.

Such suspensions will be decided by the administrative body, through the adoption of a specific reasoned resolution, highlighting the names of the workers whose services, as a result of the events integrating the aforementioned impossibility, are temporarily not required and will be the subject of communication to the company trade union representatives and the territorial trade union organisations.

The resolution in question must mention, albeit in summary form, the criteria followed by the administrative body, in the event of partial inability to perform, in order to decide which workers to suspend from among the total workforce.

The parties acknowledge, for the purposes of balancing the needs considered herein, that it is fair and preferable for workers to use their holidays, accrued leave and accumulated time bank prior to any suspension from work that is the subject of the resolution.

The resolution of the administrative body will normally have to indicate the duration of the suspension, if data are available to enable the administrative body of each company to make such provision on an individual occasion.

Notice of the adoption of such a resolution shall be given in writing to each employee concerned; the requirement of written form shall be deemed to be satisfied by the use of a communication dated and signed for acknowledgement of receipt by the employee present or by registered letter or telegram with acknowledgement of receipt or by PEC or e-mail with confirmation of receipt.

If work opportunities arise again, the suspended workers shall be recalled (with at least 48 hours' notice, where possible), by means of further written communications pursuant to the preceding paragraph. The recall shall be announced (not decided) in the subsequent minutes of the administrative body of the company.

C - Specific institutes

5. Contractual minimums and periodic seniority increases

In the context of this alignment agreement, the application of the contractual minimums set out in the tables forming an integral part of this Agreement is confirmed until otherwise agreed between the social partners, with the consequent disapplication of Article 45 of the National Contract.

It should be pointed out that this is not a suspension of application, but a disapplication: therefore, no further rights accrue other than those envisaged in this text.

In relation, therefore, to the periodic seniority increases governed by Article 46 of the National Contract, the same, during the alignment period, shall be subject to derogation on the quantitative level, with a view to maintaining the sustainability of the alignment path and shall be subject to evaluation at each round of contractual renewal of this Agreement in order to seek the conditions to make this institution enforceable.

Workers will accrue these steps as per the attached table.

Paintings € 50,00equal to € 0.28736 per hour
1A level € 35,00equal to € 0.20115 per hour
1 level € 25,00equal to € 0.14368 per hour
2 level € 19,20equal to € 0.11034 per hour
3A level € 15,80equal to € 0.09080 per hour
3 level € 14,10equal to € 0.08103 per hour
4 level € 13,00equal to € 0.07471 per hour
5 level € 11,85equal to € 0.06810 per hour
6 level € 11,85equal to € 0.06810 per hour

6.Disease

In the context of this alignment agreement, sick leave and its treatment shall be regulated as follows. In the event of a non-work-related illness or accident, the employee has the right to keep his job for up to a total of 12 months of absence, even resulting from the summation of non-consecutive sickness events, within the last two-year period (so-called "comporto per sommatoria" period).

Once the aforementioned limit has been exceeded, the Co-operative shall have the right to terminate the employment relationship, without prejudice to the worker's claims (severance pay and any accruals) accrued at that time. In the case of the serious pathologies referred to in letter A of Article 41 of the CCNL, the provisions of Article 41, paragraph 1), subparagraphs 4 and 5 of the same paragraph shall apply.

At the employee's written request, the company shall be obliged to certify to the employee, again in writing, the status of the application of this contractual rule, with specific consideration of the remaining duration of the leave.

Workers who have been employed for more than 2 months are entitled, for days of sickness absence compensated by INPS, to a supplement guaranteeing 86% of their normal net pay

7.Additional months

A - 13th month

Workers with more than 15 days of work are entitled to 13th month's pay.

The amount of the 13th is equal to one-twelfth of: hours worked, paid holidays and paid holidays, compulsory maternity leave, accident periods with supplement.

B - Weekday Bonus

Workers with more than 15 days of actual work are entitled to a holiday bonus equal to one hundred and twentieth of: hours worked, paid holidays and paid holidays, compulsory maternity leave, periods of injury with supplementation; this fraction will become equal to one hundredth as of 1 July 2023.

In the context of this alignment agreement, the non-application of Article 47 of the National Contract is confirmed until otherwise agreed between the social partners.

8.Rewards for objectives.

The parties undertake to encourage, within the company, the establishment of performance bonuses linked to projects to increase efficiency, productivity and improvements in work organisation.

In the context of the Alignment process, the parties agree on the time extension of the validity of the provisions of Article 5 of the CCNL (second-level and "by objectives" bargaining), also as resulting from the renewal agreement of 2 December 2020, from 1 December 2023.

9.Overtime, night and holiday work; holidays, marriage leave and bereavement leave.

Until otherwise agreed between the social partners, the following discipline is confirmed.

A - Overtime, night and holiday work.

Overtime is considered to be work performed beyond weekly working hours.

The total working time may not exceed the maximum limits set by law.

Holiday work is work performed on Sundays or other public holidays recognised by the State.

Night work is considered to be work performed for more than two hours between 10pm and 6am.

The following surcharges apply to overtime, holiday and night work:

daytime overtime work ******************************************************************18%

daytime overtime work beyond the 48th hour********************************************* 25%

overtime work on Saturday afternoon************************************ 25%

festive overtime work ****************************************************30%

night overtime work *****************************************************30%

overtime night work***************************************************** 45%

festive work********************************************************************************* 10%

night shift work **********************************************************10%

non-shift night work ******************************************************19%

festive night work ********************************************************20%

The increases provided for in this Article are not cumulative, in the sense that the higher one absorbs the lower one.

Any more favourable conditions at the level of the individual company are retained in the hourly amounts. The amounts in place shall remain frozen until the percentages provided for in this article produce a higher amount. Compatibly with the company organisation, it may be agreed between the cooperative and the worker to replace the increase(s) provided for overtime by this article in equal hours to be enjoyed at individual level.

B - Holidays.

Workers with more than 15 days of actual work are entitled to paid holidays.

Holidays are equal to 4/52 of the ordinary hours worked, paid holidays and holidays, compulsory absences for maternity and accidents with supplement.

C - Holidays

Civil and religious holidays recognised by the State, falling between Monday and Saturday, shall be remunerated, for those on duty, at an amount equal to one twenty-sixth of the ordinary monthly salary. Nothing is due for holidays falling on a Sunday.

Should the patron saint's day coincide with a Sunday, one of the following solutions may be opted for at the cooperative level:

•-payment of an amount equal to one twenty-sixth of the ordinary monthly salary;

•-replacement of the holiday by the granting of paid leave equal to one twenty-sixth of the regular monthly working time.

D - Marital leave

Non-probationary employees are entitled to a paid leave of 2 weeks and 1 day in the event of marriage. The remuneration shall be 2.167 fifty-second of the annual salary.

E - Bereavement leave

In the event of the death of relatives and cohabiting partners, the provisions of Law 53/2000 and any amendments and additions shall apply.

The consequent disapplication of Articles 29, 32, 35, 38, 62 and 63 of the National Contract is also confirmed, without prejudice to the full application of the institutes directly governed by law.

It is made clear that it is not a question of suspension of application, but of disapplication

9a - Permits, ROL

The parties acknowledge, from the broader regulation of Article 27 of the CCNL, the applicability to individual employment relationships of 20 hours of reduced working time, compared to the broader amount of hours of the CCNL itself.

These 20 hours, in the more general context of the flexibility of working hours, due to objective necessity, that characterises the sector, can be used by the cooperatives to cover, up to competition, production shortages and/or in any case available work. The parties confirm, in this context, the practicability of workers' recourse to unpaid leave and/or leave periods.

10.Injury.

In the case of accidents at work and occupational diseases, the employee is entitled to retain his job until clinical recovery.

Article 9 CCL Packaging is definitively repealed, with the application of Article 42 CCNL

11.FILCOOP Supplementary Health Care and Supplementary Pensions

In the context of this alignment agreement, the parties, sharing the importance of establishing forms of supplementary health care, undertake to evaluate, in the period following the signing of this agreement, the application of the provisions of Article 64 of the National Agreement, disapplying the provisions of Article 61 of the National Agreement until otherwise agreed.

12.Contractual minimums

With effect from 1 January 2023, the minimum salaries will be raised to:

6th level € 1,281.77**************** equal to € 7.36651 per hour

5th level € 1,321.52****************equal to € 7.59496 per hour

4th level € 1,402.43****************equal to € 8.05994 per hour

3rd level € 1,510.17****************equal to € 8.67915 per hour

3A level € 1,617.82**************** equal to € 9.29782 per hour

2nd level € 1,739.61**************** equal to € 9.99777 per hour

1st level € 1,874.01**************** equal to € 10.77018 per hour

1A level € 2,036.01 ****************equal to € 11.70119 per hour

SQUARES € 2,440.05************** equal to € 14.02327 per hour

With effect from 1 October 2023, the minimum salaries will be raised to:

6th level € 1,307.41************* equal to € 7.51384 per hour

5th level € 1,347.95*************equal to € 7.74686 per hour

4th level € 1,430.48************* equal to € 8.22114 per hour

3rd level € 1,540.38 *************equal to € 8.85273 per hour

3A level € 1,650.18 *************equivalent to € 9.48378 per hour

2nd level € 1,774.41*************equal to € 10.19773 per hour

1st level € 1,911.49************* equal to € 10.98558 per hour

1A level € 2,076.73 *************equal to € 11.93521 per hour

QUADRIANS € 2,488.85************************** equal to € 14.30373 per hour

Collective Bargaining Agreement for Workers of Co-operatives in the Packaging Sector signed by CONFCOOPERATIVE PROVINCIAL UNION CUNEO 2022 - 2022

Data di inizio validità: → 2022-07-01
Data di fine validità: → 2023-10-30
Settore: → Attività manifatturiere
Settore: → Industrie alimentari  
Settore pubblico o privato: → Nel settore privato
Concluso da:
Associazioni imprenditoriali: → 
Sindacati: →  FLAI - Federazione Lavoratori dell'Agro-Industria, FAI - Federazione agricola alimentare ambientale industriale, UILA - Unione Italiana Lavoratori Agroalimentare

FORMAZIONE

Programmi di formazione: → Sì
Stage: → No
Il datore di lavoro contribuisce a un fondo per la formazione dei dipendenti: → Sì

MALATTIA E INVALIDITA'

Limite massimo dell'indennità di malattia (per 6 mesi): → 86 %
Numero massimo di giorni per il congedo di malattia pagato: → 365 giorni
Disposizioni riguardanti il ritorno al lavoro dopo una malattia a lungo termine, per esempio dopo un trattamento per tumore: → No
Congedo pagato per mestruazioni: → No
Indennità in caso di invalidità dovuta ad infortunio sul lavoro: → No

SALUTE, SICUREZZA E ASSISTENZA MEDICA

Assistenza medica: → No
Assistenza medica per i familiari: → No
Contributo all'assicurazione sanitaria: → Sì
Assicurazione sanitaria per i familiari: → No
Politica di salute e sicurezza: → Sì
Formazione sulla salute e la sicurezza: → No
Fornitura di indumenti protettivi: → No
Controlli medici regolari o annuali, o visite mediche forniti dal datore di lavoro: → No
Monitoraggio delle sollecitazioni muscolo-scheletriche delle postazioni di lavoro, dei rischi professionali e/o del rapporto lavoro-salute: → Professional risks
Assistenza funeraria: → No

DISPOSIZIONI SU LAVORO E FAMIGLIA

Congedo di maternità pagato: → -9 settimane
Garanzia del posto di lavoro dopo il congedo di maternità: → No
Divieto di discriminazione in relazione alla maternità: → No
Divieto di obbligare le lavoratrici incinte o in allattamento a svolgere lavori pericolosi o insalubri: → 
Valutazione del rischio sul posto di lavoro per la sicurezza e la salute delle donne in gravidanza o in allattamento: → 
Disponibilità di alternative ad attività pericolose o insalubri per le lavoratrici in stato di gravidanza o di allattamento: → 
Permessi per esami medici prenatali: → 
Divieto di screening per verificare lo stato di gravidanza di una lavoratrice prima di firmare un contratto: → 
Divieto di screening per verificare lo stato di gravidanza di una lavoratrice prima di una promozione: → 
Servizi rivolti alle madri che allattano: → No
Servizi per l'infanzia forniti dal datore di lavoro: → No
Servizi per l'infanzia pagati dal datore di lavoro: → No
Contributo monetario / sussidio per l'istruzione dei figli: → No
Durata del congedo, in giorni, in caso di morte di un familiare: → The CBA explicitly refers to the law giorni

UGUAGLIANZA DI GENERE

Parità di retribuzione per lavoro di pari valore: → No
Clausole relative alla discriminazione sul posto di lavoro: → No
Pari opportunità di promozione per le donne: → No
Pari opportunità di formazione e riqualificazione per le donne: → No
Sul posto di lavoro è presente un rappresentante del sindacato che si occupa di parità di genere: → No
Clausole relative alle molestie sessuali sul luogo di lavoro: → No
Clausole relative alla violenza sul posto di lavoro: → No
Congedo straordinario per lavoratori o lavoratrici vittima di violenza domestica o sessuale da parte della/del partner: → No
Sostegno alle lavoratrici con disabilità: → No
Monitoraggio della parità di genere: → No

CONTRATTI DI LAVORO

Durata del periodo di prova: → 60 giorni
I lavoratori part-time sono esclusi da alcune delle disposizioni: → No
Disposizioni relative ai lavoratori temporanei/precari: → No
Gli apprendisti sono esclusi da alcune delle disposizioni: → No
Gli studenti lavoratori sono esclusi da alcune delle disposizioni: → No

ORARI DI LAVORO E FERIE

Ore di lavoro giornaliere: → 8.0
Ore di lavoro settimanali: → 40.0
Giorni lavorativi settimanali: → 5.0
Numero massimo di ore straordinarie: → 8.0
Ferie annuali retribuite: → 20.0 giorni
Ferie annuali retribuite: → 4.0 settimane
Giorni fissi per le ferie annuali retribuite: → -10.0 giorni
Almeno un giorno di riposo settimanale: → Sì
Numero massimo di domeniche / giorni festivi che si possono lavorare in un anno: → 
Disposizioni su modalità di lavoro flessibile: → Sì

STIPENDI

Gli stipendi sono determinati per mezzo di tabelle salariali: → Yes, in one table
Adeguamento al costo della vita: → 

Aumento di stipendio:

Aumento di stipendio a partire dal: → 2023-10

Maggiorazione retributiva per lavoro serale o notturno:

Maggiorazione retributiva per lavoro serale o notturno: → 110 % dello stipendio base
Maggiorazione retributiva solo per lavoro serale: → No

Maggiorazione retributiva per lavoro straordinario:

Maggiorazione retributiva per lavoro domenicale:

Maggiorazione retributiva per lavoro domenicale: → 100 %

Buoni pasto:

Indennità per i pasti fornita: → No
Assistenza legale gratuita: → No
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