Digest – number zero

Tertiary sector NCBA

The renewal agreement of the NCBA for employees of the Tertiary sector was signed on 22 March 2024, and will remain effective until 31 March 2027. The renewal brings relevant changes to the employee classification system, as well as a one-off lump payment covering the series of salary increases – the first of which to be applied on the April 2024 payroll period. Most relevant changes are summarised here below.

Regulatory section

Effectiveness and duration

On 22 March 2024 CONFCOMMERCIO – Imprese per l’Italia and FILCAMS-CGIL, FISASCAT-CISL and UILTuCS signed the agreement for the renewal of the National Collective Bargaining Agreement for the Tertiary sector, covering the period between April 2023 and March 2027. Amendments of a regulatory nature shall take effect from 1 April 2024.

Effectiveness and scope of application

The agreement extends the scope of application of the NCBA, which from April 2024 will also include:

– dark stores (warehouses dedicated to the preparation of orders placed online) in the food sector,

– commercial distributors of over the counter/non-prescription drugs in the organised retail sector,

– companies that rent and sell audiovisual and software/hardware products,

– operational marketing providers,

– tax assistance centres.

Classification system

The agreement significantly amends the employee classification system, aiming to make it more flexible and dynamic.

Several professional figures have been erased in order to favour more rational professional classification criteria and, at the same time, new figures have been introduced, such as, e.g., the ‘head of training processes’ (level I), the educational organiser (level III), administrative and HR clerks (Level IV) and the data entry agent, who is entrusted with the task of entering data and uploading data streams within an information system (Level V). Several new professional figures of the ICT, auditing and consultancy sectors were also introduced.

Fixed-term contract – Definition of reasons for extensions beyond 12 months (art. 71-bis)

Current regulations determine that fixed-term employment contracts may exceed 12 months (within the limit of 24) in circumstances specifically contemplated by the NCBA. Art. 71-bis of the NCBA allows fixed-term contracts to exceed 12 months in the following scenarios:

a) during end-of-season, winter and summer sales, in compliance with regional regulations,

b) for trade fairs resulting from the national and international trade fair calendar. In this case, the individual contract may be placed in the period between 7 days preceding the fair event and 7 days following its conclusion. The aforementioned calendar may be supplemented by exhibitions, fairs and events identified at territorial level,

c) Christmas and Easter holidays, identified in the period between 15 November and 15 January of the following year, the 15 days preceding Easter and the 15 days following it,

d) reduction of environmental impact, where the worker with a specific professional skill is directly employed in organisational and/or production processes with the aim of reducing their environmental impact,

e) advanced tertiary sector, where the worker is hired to be assigned to specific tasks of (i) design and (ii) implementation, assistance and sale of an innovative product (including digital),

f) digitalisation, when the worker – possessing specific skills – is dedicated to the development of methodologies and new skills in the digital field,

g) new openings. This reason includes the hiring of a fixed-term worker for a maximum period of 24 months starting from the date of the new opening of a production or operating unit, or for a period not exceeding 24 months in the restructuring phase of a production or operating unit,

h) temporary increase, when the term is extended due to a temporary project or assignment lasting more than 12 months.

Local (territorial or company-based) collective bargaining may negotiate further possible reasons for the extension of fixed-term contracts.

‘Elastic’ clauses and variation of work timeframe (art. 95)

The renewal agreement confirms the already existing regulations on elastic clauses, so that the parties may agree on an increase in the number of working hours to be performed by the part-time worker.

It is also provided that the parties may include in the part-time employment contract a special clause by which they may agree on variations in the time of performance in the event of technical, organisational, productive or replacement requirements.

With reference to ordinary working hours whose time allocation is changed in application of said ‘elastic’ clauses, employees are entitled to an increase of 1.5% of the de facto remuneration.

As an alternative to the increases recognised for working hours performed in compliance with lasting elastic clauses or performed in the light of a change in the time of performance, the employer and the employee may agree on an annual allowance of at least €120.00 (not cumulative), paid in monthly instalments; the amount of said allowance shall be increased to at least €155.00 as of 1 January 2025.

Parental leave (art. 198)

On the subject of parental leave, it is provided that the working parent who intends to take advantage of a period of optional leave is required to give at least five days’ notice in writing, instead of the previously required 15 days.

Collective welfare
– EST (art. 104) and Qu.A.S. (art. 105) funds

Starting from April 2025, the compulsory contribution to Fondo EST charged to the employer is increased from €10.00 to €13.00 per month. The compulsory annual contribution to the QuAS fund, payable by the employer for employees with “Quadro” status, is also increased:

– from € 350.00 to € 370.00 effective from January 2025,
– from€ 370.00 to € 390.00 as from January 2026.

Economic section

Salary increases (art. 213 and 216)

The pay increases, which may be absorbed if an explicit absorption clause has been included in the employment contract, will be granted to workers in six separate instalments, as shown below.

One-off lump payment (art. 213)

To cover the collective vacancy period, it is established that workers who are in force as of 22 March 2024 (date of signing of the agreement) shall be paid an additional lump sum equal to € 350.00 gross for those classified at level IV, to be proportionally adjusted for the other levels.

The lump sum shall be paid in two separate instalments with the July 2024 and July 2025 payroll periods, as shown below.

For apprentices in force as of 22 March 2024, said one-off sum shall be re-proportioned based on the remuneration defined by the previous NCBA of 30 July 2019.

In any event, the amount of the one-off payment due to the worker:

a) shall be determined in proportion to the duration of the employment relationship and the actual service rendered in the period between 1 January 2022 and 31 March 2023,

b) shall be proportionally reduced if, during the aforesaid period, employees (i) are absent or on leave of absence without pay, (ii) are suspended from work or have their working hours reduced pursuant to a trade union agreement, or (iii) are employed part-time,

c) is not useful for the purposes of calculating any collective institution, including TFR.

Any amounts already paid by way of future collective increases or improvements must be considered to all intents and purposes as payment in advance of this one-off lump sum.

Therefore, the amounts paid from 1 January 2022 must be considered absorbed up to the amount of the sum itself.