Employee appointed union representative, how should the company behave?

The employee being appointed as a union representative is a frequent hypothesis in the life of a productive company/economic reality but, at the same time, a practice to be managed with particular attention given that on this point not only the legal regulations (the Workers' Statute ) but also any provisions of the Ccnl applied.
We therefore analyze in detail how the company must behave, describing the steps necessary to manage the practice.
Employee appointed union representative, how should the company behave? Obtain the details of the appointment Check the legislation Check what the collective agreement provides Pay attention to permits for provincial and national managers Not just permits: pay attention to the expectation Contact the worker Obtain the details of the appointment Given that, as we will see, the legislation and collective agreements provide different rights depending on the subjective condition of the worker, it is best for the company, first of all, to obtain a copy of the employee's appointment as union representative.
In this regard, it is sufficient to contact the union representatives in the company or, on the contrary, directly: The local union structures; The national structures.
However, it may happen that the worker himself is in possession of the appointment document.
In the latter case it is advisable to ask the trade unions concerned for confirmation of the truthfulness of what was declared by the employee.
Once the details of the task entrusted to the worker have been obtained, it is necessary to investigate what the legislation provides and, possibly, the national collective labor agreement applied.
read also Accrual of holidays and permits, how to avoid problems on the pay slip Check the legislation The Italian legislation, represented by the Law of 20 May 1970 number 300 «Regulations on the protection of the freedom and dignity of workers, of trade union freedom and of trade union activity in places of work and employment regulations (Workers' Statute)" recognizes paid and unpaid leave for trade union representatives.
The company is therefore called upon to carefully check what the Workers' Statute provides.
Specifically, article 23 provides that paid leave is provided for managers of company trade union representatives.
Unless there are more favorable clauses in the collective labor agreements, the following are entitled to permits: One manager for each company union representation in the production units that employ up to 200 employees of the category for which it is organised; One manager for every 300 or fraction of 300 employees for each company union representation in the production units that employ up to 3,000 employees of the category for which it is organised; One manager for every 500 or fraction of 500 employees of the category for which company union representation is organized in the larger production units, in addition to the minimum number referred to in the previous point.
The permits in question cannot be less than eight hours per month in the companies referred to in points 2 and 3.
In the situations referred to in point one, the permits cannot be less than one hour per year for each employee.
The worker who intends to exercise the right in question "must give written notice to the employer as a rule 24 hours in advance, via the company trade union representatives" (Article 23).
The Workers' Statute also recognizes (article 24) the company union leaders, referred to in the previous article 23, the right to unpaid leave for participation in trade union negotiations or trade union congresses and conferences, for an amount of no less than eight days per day.
'year.
Workers who intend to make use of the provisions of article 24 must give "written communication to the employer as a rule three days in advance, via the company trade union representatives" (Law number 300/1970).
Check what the collective agreement provides Once you have analyzed what the national legislation provides, it is best for the company to check whether the national collective labor agreement (Ccnl) applied includes additional/more favorable provisions compared to the law.
For example, the Ccnl Commercio e tertiario – Confcommercio provides (article 25) that the members of the Company Trade Union Representatives have the right, to carry out their mandate, to paid leave.
The right in question belongs to: A manager for each RSA in units that employ up to 200 employees of the category for which it is organised; To one manager for every 300 or fraction of 300 employees for each Trade Union Representative in units that employ up to 3,000 employees of the category for which it is organised; To one manager for every 500 or fraction of 500 employees of the category for which the Company Trade Union Representation is organized in the larger units in addition to the minimum number referred to in the previous point.
The permits in question are equal to a total of 12 hours per month in the companies referred to in points two and three and to one and a half hours per year for each employee in the companies referred to in the first point.
Workers with part-time contracts must be counted as whole units.
To take advantage of the right to the leave in question it is necessary to send a written communication to the employer "usually 24 hours in advance, via the Company Trade Union Representation" (article 25 of the Ccnl).
Attention to permits for provincial and national managers Before considering closed the practice of permits for union representatives and in general the processing of the same for the purposes of processing the pay slip, it is best for the company to check whether it falls within the provisions set out in the article 30 of the Workers' Statute.
The latter provides that the members of the governing, provincial and national bodies of the associations referred to in the previous article 19 are entitled to paid leave, according to the rules of the employment contracts, for participation in the meetings of the aforementioned bodies.
The aforementioned article 19 «Constitution of company trade union representatives» provides that the RSAs can be established on the initiative of the workers in each production unit within the context of the «trade union associations that are signatories of collective labor agreements applied in the production unit».
In companies with multiple production units, trade union representatives can establish coordination bodies.
Not just permits: pay attention to leave of absence The Workers' Statute also provides (article 31) that workers called upon to hold provincial and national union positions can, upon request, be placed on unpaid leave for the entire duration of their mandate.
The periods of leave are considered useful, at the request of the interested party, for the purposes of «recognition of the right and the determination of the amount of the pension paid by the compulsory general insurance referred to in the Royal Decree – Law 4 October 1935, n.
1827, and subsequent amendments and additions, as well as to entities, funds, funds and management for compulsory forms of social security that replace the aforementioned insurance, or which in any case lead to exemption from it".
read also Permissions for medical visits and therapies for parents and children, what they are entitled to and for how many days Contact the worker Once the research on the rights recognized by the legislation and the Ccnl has been completed, it is advisable to contact the worker concerned, telling him: What he is entitled to in terms of permits and expectation; The procedure to follow to take advantage of your trade union rights.