The Constitutional Court has ruled that the Labor Code provision granting union representation in a company (called RSA, a representation system that is still in force in some sectors) only to unions that have signed the collective agreement in force in the company was “unconstitutional.” The decision therefore questions this modality used to appoint employee representatives. The Constitutional Court was asked to analyze this provision again as part of the conflict between Fiat and the Fiom-CGIL union. This ruling could pave the way for a new industrial relations era in the country. (Ref. 130453)
On July 3, the Constitutional Court declared that a part of Article 19 of Act 300/1970 (the Statute of Workers) was “constitutionally illegitimate.” What is targeted is the part “which excludes for a company’s union representation associations that haven’t signed the collective agreements in force in the production unit, even though they took part in the discussion as representatives of the company’s workers,” the Court stated in its communiqué. In other words, the modality for appointing...
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