"Collective company agreement may allow employees to convert their bonus in welfare benefits."
Efficacy erga omnes of proximity contracts
The Court of Appeal of Naples referred to the Constitutional Court the question of the constitutionality of Article 8, Decree-Law No. 138/2011, in so far as it extends the effectiveness of company or proximity contracts to all workers concerned, even if they are not signatories to the contract or belong to a trade union that is not a signatory, on the grounds of conflict (among others) with Articles 2 and 39, par. 1 of the Italian Constitution, in that it infringes the freedom of trade union organisation. The Constitutional Court found that the question of constitutionality raised was inadmissible and confirmed the effectiveness “erga omnes” (i.e. with respect to all workers) of proximity company agreements. In particular, the Constitutional Court reaffirmed the distinction between an “ordinary” company agreement, whose effectiveness is “only tendentially extended to all workers in the company”, since dissenting workers and trade union associations are excluded, and a proximity agreement endowed with “a general effectiveness ex lege”, i.e. extendable erga omnes to all workers in the presence of the conditions set forth in Article 8, Decree-Law No. 138/2011.
Constitutional Court, 28/03/ 2023 no. 52
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