Workplace Representation

The main employee representative bodies in Italy – the RSUs – are essentially union bodies, even if they are largely elected by all employees. The unions nominate the candidates for the two-thirds of the members directly elected by the whole workforce, and choose the remaining third themselves.

The legislative basis for workplace representation is the 1970 Workers Statute which provides for trade union representation at company level. However, although the law gives trade union representatives certain rights and protections, it does not provide detailed rules on how they should be chosen.

To provide a clearer structure the three main Italian union confederations, who by the start of the 1990s were working more closely together, agreed in 1991 to set up a new structure, the RSU. This involves a unified committee for all the unions in the workplace with two-third of the members being elected by the whole workforce and one third elected or appointed by the unions. (The rules are different in the public sector, where all RSU members are elected). This structure was accepted in principle in the July 1993 agreement and the details were set out in an agreement for the private sector in December 1993 and for the public sector in April 1994. (For the public sector there was also legislation in 1997.)

However, despite these general agreements, RSUs are not universal. There are some sectors including banking and insurance where they are very rare. Where RSUs have not been set up it is perfectly legal for previous systems of trade union representation, which can vary from company to company, depending on the agreement signed, to continue, although this is also not common.

However, whatever the form, it is trade unions who play the central role in workplace representation in Italy. Although RSUs are elected by the whole workforce, they remain primarily union committees.

Numbers and structures

An RSU can be set up when there are more than 15 employees in the workplace. The national level agreements for the private and public sectors provide minimum numbers (see table) but these can be improved on in industry and company agreements.

Thereafter three extra seats for each 300 additional employees up to 3,000 employees then three extra seats for each additional 500 employees.

It is also possible to have an RSU which covers a group of small companies in a particular local area.

The RSU consists entirely of employees and its composition in terms of manual and non-manual employees, should reflect the workforce. This can be achieved through the choice of candidates or though separate voting groups (colleges), although some national agreements specify the college system.

The trade unions themselves agree the rules governing the operation of the RSU. But it is normally chaired by the leading figure in the largest union in the workplace and in bigger workplaces there will be an executive committee. This body, made up of the leading figures in the unions on site, will often take the key decisions, which are then reported back to the RSU as a whole.

The RSU can set up sub-committees on particular issues, such as health and safety, work organisation or the canteen and on some topics, such as new technology or job classification.

There are no national rules which set out how often the RSU should meet as a body or how often it should meet the employer, although these issues are regulated in some industry level agreements. Often meetings only take place “where necessary”.

Tasks and rights

The key function of the RSUs is to negotiate with the employers at workplace level. RSUs are intended to act as the workplace representatives of the trade unions and the agreements, which set them up, give them the power to negotiate binding agreements for their workplace as part of the bargaining structure.

Employers must by law inform and consult with employee representatives on health and safety, the use of public funds for industrial restructuring, large scale redundancies, and business transfers. But most of the rights that the RSUs have to be informed and consulted on specific issues depend on agreements reached at industry and sometimes company level. Normally the agreements will require the employer to provide information and consult on topics such as: the economic and financial situation of the company; investment; the numbers employed; changes in working methods; the introduction of new technology; gender equality and training. The consultation may take the form of joint employer/union committees.

Increasingly, discussions take place in joint committees, which formally are intended to prepare the groundwork for collective bargaining by providing technical support.

Generally speaking these committees are made up half of management and half of union representatives. Members may be permanent or elected on an ad hoc basis depending on the issues to be discussed. The principal aim of these joint committees is to encourage a non-confrontational exchange between the two sides, in the process stimulating cooperation aimed at solving organisational problems.

A number of big companies have set up joint national observatories to monitor market trends and work out proposals to improve competitiveness. They include Whirlpool, Electrolux-Zanussi, AAB, Fiat, TIM, Italtel, Piaggio, and Agusta. The agreement signed at the scooter and motor-cycle company Piaggio in June 2004 resulted in the setting up of four joint union management bodies covering: external trends and the possibility of decentralising production or outsourcing; training; working time arrangements; and shift arrangements.

However, in general the role of these joint committees tends to be limited to resolving specific problems rather than examining broader strategic issues

The RSU does not have a major role in general trade union activity in the sense of promoting the union and union policy. This is more the role of the trade union outside the workplace.

Elections and term of office

Two-thirds of the members of the RSU are elected by the whole workforce in a secret ballot (sometimes through separate voting "colleges" see above) but can only be nominated by the unions. To be able to nominate, a union must: either have signed the July 1993 agreement - the three main confederations; or have reached an agreement at industry level for the company concerned; or have a formal constitution and have the support of at least 5% of the potential voters. For the elections to be valid at least 50% of those able to vote must do so. A formula then divides the seats up for election (two-thirds of the total) in accordance with the votes obtained by each of the lists.

The remaining third of the seats is divided between the three main confederations and other unions which have signed the national collective agreement for the industry, in line with the proportion of votes received in the election by the whole workforce. However, the individuals are chosen directly by the unions rather than elected by the workforce.

The aim of this two-thirds/one third system was both to increase the legitimacy of the elected representatives and to keep the links between the national unions and the workplace representatives.

The arrangements are different in the public sector, where all RSU members are elected.

RSU members are elected for three years and should then take the initiative themselves to begin the process of new elections.

Protection against dismissal

Members of the RSU as well as the union workplace bodies they have replaced are protected against discrimination by the Workers Statute which expressly makes anti-union behaviour unlawful.

Time off and other resources

RSU members are legally entitled to paid time-off on the basis of a formula set out in the Workers Statute. This provides a total for the committee of an hour per employee per year where there are fewer than 200 employees; 8 hours a month for each 300 employees where there are fewer than 3,000; and 8 hours a month for each 500 employees or part thereof where there are more than 3,000. Each member is also entitled by law to 8 days unpaid leave a year for union business.

In practice collective agreements often improve on this. Frequently the time-off will be re-divided so that leading members of the RSU have more time-off than others. In some large plants there may be someone completely freed from normal duties although this is less common than in the past.

Employee representatives have a general right to make use of notice-boards and the RSU, or other type of representation, should have an office, where there are more than 200 employees. Some industry agreements also allow for the limited use of external experts.

Representation at group level

Collective agreements allow the creation of a group level co-ordinating committee when there are several companies in a group, or several workplaces in a single company. The RSUs in the group send members to this co-ordinating committee and full-time officials of the unions will also normally attend.