“The latest sentence imposed in favor of an unarmed private security employee who works in a supermarket and requested an adjustment to his salary, which was deemed too low even though it was regulated by the national collective bargaining agreement, is of great importance.” These are the words of Valentina Barzotti, group leader of the 5 Star Movement in the Chamber’s Working Commission.
Reference sentence no. By Decision No. 27711 of 2 October, the Supreme Court held that, for the purpose of assessing “fair remuneration”, a mere comparison with the wages provided by the national collective bargaining agreement of similar sectors will not be sufficient, but the EU Directive 2022/2041 should also be taken into account, as well as other economic and financial indicators and statistics.
A step towards minimum wage?
“To clearly state that the worker has the right to a salary increase for a free and dignified life as determined by Article 36 of the Constitution, and therefore collective bargaining itself cannot reduce the correct salary level, means that collective bargaining alone cannot be sufficient.” “In the face of this historical legal consolidation, I believe that the approval of the legal minimum wage is a step that can no longer be postponed in our country. It is not possible to accept it in 2023. The hope now lies in other European countries where Prime Minister Giorgia Meloni and his majority are present.” “Tearing down the wall they want to erect against the norm of civilization and honor that they lead will benefit not only the workers but the entire productive tissue.”
A sentence that will change the course of many cases
According to Lawyer Antonella Losinno, partner of Daverio & Florio Law Firm specializing in labor law and social security law, the Supreme Court’s decision “is a completely innovative decision, as it leaves the assessment of the adequacy of the remuneration to judges to the principles.” Signed by unions with relatively more representative power and “Ensuring proportionality and adequacy to ensure a free and dignified existence established by Article 36 of the Constitution, even if there is a sector collective agreement indicating the reference minimum wage”.
“In the past – continues Losinno – Judges limited themselves to adapting the wages determined by collective agreements signed by unions without real representation to the principles of Article 36 of the Constitution or to situations where the employer has not implemented any collective agreement. It is now likely that there will be an increase in the number of pending cases (pending). Therefore, companies have to consider the adequacy of salaries, even if collective agreements signed by relatively more representative unions are implemented, which is against the parameters set out by the Supreme Court.
Source: Today IT
Emma Fitzgerald is an accomplished political journalist and author at The Nation View. With a background in political science and international relations, she has a deep understanding of the political landscape and the forces that shape it.
