The impact of the new provisions will therefore depend on the negotiating power of the parties at company level. The new rules could trigger the conclusion of new agreements within companies that until now were only covered by the NCBA, while they could mitigate wage developments in companies that are already subject to collective bargaining. 3) Laws adopted by Parliament: Italy has extensive labour and labour laws In Italian law, works councils are entrusted with specific powers and have specific rights (collective agreements may provide for additional powers and rights). a) if the Tribunal decides that the event justifying the termination (i) does not exist or (ii) by the collective agreement in force, with a conservative sanction (z.B. if the employer is sanctioned by a simple suspension of work), the employer (i) is subject to the reinstatement of the employee and ii) to the payment of the monthly salary accumulated from the date of dismissal until the date of rehiring, with a maximum of 12 months` salary plus the corresponding social security contributions. The worker has the opportunity to decide whether he wishes to return to work or receive additional remuneration equal to 15 gross monthly salaries; or 3 Giovanni Mammone; Appointment to the post of Judge of the Supreme Court of Cassation, Chamber of Labour. Author of the following books: I provvedimenti di urgenza nel diritto processuale civile e nel diritto del lavoro (accelerated procedure in the Code of Civil Procedure and Labour Courts), Milan, 1997, pp. XIX-968 (written with Enrico Dini); Igiene e sicurezza nell`ambiente di lavoro (safety at work), Milan, 1993; Salute, territorio e ambiente, Padua, 1985. The Italian Constitution (Article 3) provides for the concept of equality of all citizens before the law, without distinction as to sex, race, language, religion, political opinions, personal and social position. This is a fundamental concept of the Italian legal system. Italy has also ratified the International Agreement on Economic, Social and Cultural Rights (New York, 16 December 1966, National Law 881, 25 October 1977).
The Workers` Statute (Law 300 of 20 May 1970) invalidates any agreement or act of the employer which constitutes discrimination on grounds of sex, race, language, religion and political opinion (§15). Equality between men and women at work is expressly recognized and guaranteed by Law 903 of 9 December 1977. Act No. 125 of 10 April 1991 provides for positive measures to promote genuine equality of opportunity for women in access to and during employment. Act No. 604 of 15 July 1966 prohibits dismissal on discriminatory grounds such as political and trade union opinions, religion and participation in trade union activities (section 4). Act No. 108 of 11 May 1990 invalidates dismissal on discriminatory grounds such as race, sex, language, political and trade union opinions, religion and still requires the reinstatement of the dismissed worker. Many benefits to promote the training of workers have been introduced since 1973 by national collective agreements. Workers are entitled to a number of hours of paid work (150 in general, up to a maximum of 250 for workers who must obtain compulsory education) to take or not in public or certified schools courses related or not to their professional activity. The maternity allowance is equal to 80% of the salary paid by the INPS. Some collective agreements provide that the employer pays the remaining 20%.