News n.11/2023
Subject: Renewal agreement regarding the economic part of the National Collective Labor Agreement for Managers of Tertiary, Distribution and Services Companies
On April 12, 2023, the agreement to renew the National Collective Labor Agreement for Executives of Tertiary, Distribution and Service Companies was signed.
The social partners who signed the agreement are: the Italian General Confederation of Commerce, Tourism, Services, Professions and P.M.I - Confcommercio - Imprese per l'Italia, and Manageritalia - National Federation of Managers, Middle Managers and Professionals of Commerce, Transport, Tourism, Services, Advanced Tertiary Sector.
This agreement, which regulates the economic part of the relevant collective agreement, is to be considered in conjunction with the agreement of June 16, 2021, which regulates the normative part, and is effective as of January 1, 2022 (subject to the particular effective dates provided for individual institutions), and will be in effect through December 31, 2025.
Una Tantum
By way of salary arrears, a one-time payment of 2,000.00 euros gross will be paid in three tranches:
700.00 euros - with the salary of the month of May 2023;
700.00 euros - with the salary of the month of September 2023;
600.00 euros - with the salary of the month of November 2023.
The One-time payment is provided to fully cover the period from January 1, 2020 to December 31, 2022, to executives in force as of April 12, 2023, including executives appointed in the time interval from January 1, 2020 to December 31, 2022.
This Una Tantum does not affect Executives appointed as of January 1, 2023.
To Executives hired or appointed during the period January 1, 2020 - December 31, 2022, and in force as of the date of entering into this agreement, the amount will be disbursed pro-rata in relation to the months of seniority accrued in the qualification during the aforementioned period.
This amount is to be considered gross of the ordinary contribution due and Irpef, which will be calculated at separate taxation; it is not useful for the purposes of calculating severance pay or any contractual institution. In the case of termination of employment prior to the disbursement of the tranches, the total or residual amount of the Una Tantum will be disbursed with the severance pay.
Adjustment of monthly contractual minimum and pay increases
Effective April 12, 2023, some articles of the CCNL are amended:
"Art. 5 - Monthly Contractual Minimum"
"Art. 6 - Salary Increase."
"Art. 21 - Professional Update and Training for Executives, Active Policies and Outplacement (CFMT)"
"Article 21-bis - Welfare Services for the Executive and Family Members (CFMT)"
"Art. 25 - Supplementary Pensions (Mario Negri Fund)"
In summary, specified here are the new contractual minimums:
effective December 1, 2023, the monthly contractual minimum is set at 4,040.00 euros;
effective July 1, 2024, the contractual minimum is set at 4,190.00 euros;
effective July 1, 2025, the contractual minimum is set at 4,340.00 euros.
For executives in force as of November 30, 2023, the increase in the minimum monthly contractual minimum, is realized through the payment of the salary increases provided in:
150.00 euros monthly from December 1, 2023;
150.00 euros monthly from July 1, 2024;
150.00 euros monthly from July 1, 2025.
These increases may be absorbed to the extent that they are absorbed by amounts granted by companies as advance payments or advances on future contractual economic increases granted after December 31, 2019.
Welfare Services
The parties have established an entity, called CFMT (Tertiary Management Training Center), run jointly, which aims to provide companies and their managers with training and refresher training opportunities.
Training programs are available to managers free of charge.
Training days chosen by the company for the further training and development of its managers, such as any travel and subsistence costs, will be paid for by the company, and the days themselves will be considered work days.
The training days chosen by the manager will be the responsibility of the individual user, including any travel costs, and the days will be considered deductible from the individual's vacation pay.
From October 1, 2021, the annual CFMT contribution is 290.00 euros to be paid by the employer and 130.00 euros to be paid by the Executive.
For the years 2024 and 2025 only, the annual contribution will be increased by euro 50.00, of which euro 25.00 will be borne by the employer and euro 25.00 by the Executive. As a result of this increase, effective January 1, 2024 and January 1, 2025, the annual contribution will be euro 315.00 borne by the employer and euro 155.00 borne by the Executive.
On a transitional basis, these contributions will be paid to the "Mario Negri" Pension Fund, with the criteria, methods and systems provided for the payment of contributions pertaining to the Fund itself.
As of July 1, 2021, in case of termination of employment, even followed by settlement agreement or conciliation, with the exception of cases of termination for just cause, dismissal for disciplinary reasons, voluntary resignation or consensual termination, the employer will pay the CFMT a contribution of 2,500.00 euros for the activation of the outplacement or for access to active policy programs for the outplacement of Executives.
In order to optimize and enhance the contractual welfare system, the CFMT is assigned support and organizational responsibilities related to the implementation of a Welfare platform for Tertiary Executives.
For this purpose and on a trial basis, valid limited to the term of this agreement, effective January 1, 2024 and January 1, 2025, provision has been made for the introduction of a contribution mandatory welfare in the amount of 1,000.00 euros annually, expendable through the CFMT Welfare Platform within the scope of services and coverage defined by the Parties. The employer will be able to credit additional amounts, by signing a regulation or company agreement, as long as they are equal in amount and in favor of all employed Executives.
The minimum contractual value of welfare will be paid in addition to any flexible benefits recognized by the employer.
The value of the 1,000.oo euros is recognized on a pro rata basis in the case of recruitment or appointment occurring during the reference year, whether under a permanent or fixed-term contract, while it is not reproportionable in the case where the executive is in force under a part-time contract.
Supplementary Pensions (Mario Negri Fund)
A supplementary pension plan, supplementary to the compulsory disability, old-age and survivors' insurance of INPS and/or substitute compulsory funds, managed by the Mario Negri Fund, is provided for Executives.
As already known, the ordinary contribution is the sum of the employer's contribution of 12.86 percent as of Oct. 1, 2021, and the executive's contribution of 1 percent, calculated on the annual conventional salary of 59,224.54 euros.
The supplementary contribution, as specified in our previous News Flash, including the employer's share of the contractual membership contribution, is equal to 2.39% of the above-mentioned annual conventional salary as of January 1, 2023, and this contribution is raised to 2.43% as of January 1, 2024, to 2.47% as of January 1, 2025.
As of 2018, the ordinary contribution to be borne by the company, equal to 4.13 percent of the annual conventional remuneration, in the case of executives hired with facilitation, remains unchanged. It should be noted that the Mario Negri Fund separately accepts, for supplementary pension purposes, the Severance Pay however conferred.
The "Mario Negri" Pension Fund for Executives of Commercial and Shipping and Transportation Companies is governed by special bylaws and regulations agreed upon by the parties to the agreement that is the subject of this News.
Reference: Renewal Agreement of April 12, 2023
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