Fundamental rights related to social partners

Trade union representatives agreed that freedom of assembly and of association was well protected under the Italian Constitution and the law. 2020 will mark the fiftieth anniversary of the Workers’ Statute (Act 300/1970) which safeguards workers’ freedom and dignity and provides the framework for the role of trade unions in the workplace. Hundreds of collective bargaining agreements are in place. Most of them are signed by very small trade unions, and only around a third are signed by the most representative trade unions.

Trade union representatives agreed that challenges revolved around practical issues rather than legal ones. One of the main challenges they identified is the alternation between phases when political power valued social dialogue, and phases that were qualified as “disintermediation”, when political forces are tempted to establish a direct relationship between the authorities and citizens. Even when there was active social dialogue, some trade union representatives considered that the results of the interaction depended a lot on the government’s and employers’ interests. It was also considered that social dialogue was too often segmented, covering specific sectors rather than offering an opportunity to discuss a vision of the future of the country.

Another set of challenges that was identified concerned the questions of representativeness and the risk of fragmentation and competition between trade unions. Two inter-sectoral agreements on representation and representativeness were signed in 2011 and 2013 between the main employers’ organisation and the three major trade union confederations. The agreements favour the role of a unitary union structure in the workplace, which raises the question of the pluralism of trade unions. However, a court ruling confirmed that unitary unions do not have a monopoly on calling for assemblies in the workplace. This was considered as an example of the positive role played by the judiciary in advancing labour rights. Another example which was mentioned was the possibility for members of the police to organise themselves through trade unions – a right which was recognised through a court ruling referring to the European Convention on Human Rights, rather than on the basis of a law (which in any case has yet to be established).