Pirate contracts. Judgment of the Vicenza Court: "The national collective labor agreement for workers in the industry to which they belong must be applied"

“Today's ruling by the Vicenza court has a very important value. The judge, having accepted the appeal presented by the workers' union organizations Filctem Cgil, Femca Cisl, Uiltec Uil, established that in the tannery production company Fratelli Stanghellini the national collective labor agreement for workers in the tanning processing industry signed at national level must be applied from Filctem, Femca, Uiltec with Unic: the most representative trade union and employer organizations in the sector in the national territory.

This in the face of the company's attempt to apply a different contract stipulated by other organizations with obvious wage and rights penalties for workers ". So the national secretary of Filctem Cgil, Sonia Paoloni, commenting on the good news.

“This ruling is another point in favor of the fight against contractual dumping which pollutes the labor market, the productive sectors and the companies that apply the right contracts. The need for a law on trade union representation that unequivocally certifies the owners called to write national employment contracts to ensure that they are applied by law is increasingly evident”: Paoloni concluded.

Press release Filctem and Femca Vicenza

The sentence which in fact upholds the appeal filed by the undersigned trade union organizations Filcetm Cgil (represented by lawyers Paolo Lando and Marco Ceresani), Femca Cisl (represented by lawyers Anna Faccin and Ivo Santolin) was filed today at the Registry of the Court of Vicenza ) and Uiltec Uil (represented by the lawyer Gianmarco Tiso) for anti-union activities against the F.lli Stanghellini company.

This ruling not only re-establishes the prerogative that had been denied us to exercise a constitutional right, that is to form a union and organize and represent workers within the company.
But equally important, the sentence of the court of Vicenza establishes that the company must continue to apply the national reference contract in the Tanning sector signed by Filctem Cgil-Femca Cisl- Uiltec Uil and Unic.

We believe that this sentence is an important step in re-establishing that system of rules and representation which, although defined by law and contracts, seemed to be violated to the detriment of the workers of the tanning district, by applying contractual instruments which without shadow of a doubt are heavily penalizing.

On this point, a press conference will be convened soon with the presence of our lawyers to go into detail on the sentence issued by the Court of Vicenza.

FILCTEM Cgil and FEMCA Cisl have founding values on the defense of rights, and we will continue starting from this sentence which represents an important first step in the daily work of protecting workers in this sector.

Good work must be defended and tanning workers must be defended
The real national contract which is the one signed by FILCTEM FEMCA UILTEC with UNIC must be defended.

Source Filctem 24 March 2022

Note:

Anche se l’azienda non è iscritta e non fa parte dell’organizzazione datoriale di categoria, nel nostro caso Farmindustria, there is still the obligation to recognize workers a salary not lower than the minimum tables of the national collective bargaining agreement for the sector, by virtue of the constitutional provision which recognizes every worker the right to a salary "proportionate to the quantity and quality of his work and in any case sufficient to ensure for himself and his family a free and dignified existence" (Article 36 of the Constitution) . Basically, according to the common interpretation, the collective agreement of the sector establishes the minimum wage parameter regardless of whether the employer adheres to it or not.

Related news: Letters to the Editor. ISF with contract as a metalworker

Vicenza Court Judgment CCNL