Focus: Young workers and trade union rights in Italy

Abstract

Page 8 Volume 20 Issue 3 2013 INTERNATIONAL union rights FOCUS ❐ YOUNG WORKERS AND TRADE UNION RIGHTS The rights contained in the Workers’ Statute perfectly mirrored the situation of the Italian labour market in the past. Work available to young people increasingly does not resemble this pattern and 37.3 percent respectively). In June 2013, the unemployment rate among workers between fifteen and twenty-four years old was equal to 39.1 percent (figures from the Italian National Institute of Statistics, ‘ISTAT’, June 2013). The age composition of the unemployed shows, however, that uncertainty and occupational risks are increasing significantly even for older workers. Claiming to provide an answer to the said challenges and meet the need of competitiveness, the Italian legislator intervened with a number of measures aimed to enable more flexible ways to obtain, use and organise the workforce. The most recent is Law No. 92/2012, known as ‘Fornero Reform’, that is presently subject to further amendments under discussion before the Italian Parliament. As a consequence, a wide range of contract types have been introduced. Broadly speaking, these contracts - normally defined as atypical, flexible or non-standard - are characterised by the fact that they do not establish working relationships for a full and indefinite period of time. Increasingly, young people are now finding that the only work available to them is atypical work, including freelancing of various kinds, temporary agency work, fixed-term or part-time work, and seasonal work. These are the most common types of contracts for workers in younger age groups. The opportunities for young people to find employment for an indefinite period of time are few and decreased consistently in the last year. In 2012, only 25.6 percent of people between fifteen and twenty-nine years old found a subordinated employment for an indefinite period of time. In 2008, this figure was 33.3 percent. At the same time, there is an increase in the number of young workers employed under fixed-term contracts or working as freelancers (from 56.9 percent in 2008 to 63.6 percent in 2012). The economic downturn determined a reduction of these forms of contract in the last months equal to fifty thousand units in the fourth quarter of 2012 and to a further one hundred eighteen thousand units in the first quarter of 2013 - respectively minus 5.2 percent and minus 12.5 percent), associated with a decrease also in the number of workers employed for an indefinite period of time - respectively minus 3.6 percent and minus 20.8 percent (ISTAT, June 2013). The marginalisation of atypical workers Atypical work triggered a process of marginalisation of young workers that operates in two directions : on the one hand, the precariousness of their situation frustrates the possibilities to develop interests in common with standard workers; on the other hand, their condition of flexible I n Italy, trade union rights are enshrined not only in the Constitution (Article 39 protects trade union freedom while Article 40 protects the right to strike) but also in Law No. 300/1970, commonly referred to as the Workers’ Statute (‘Statuto dei Lavoratori’). The latter provides for rules on the protection of the freedom and dignity of workers and of trade union freedom and union activity at the workplace, thereby making effective and enforceable the principle stated in Article 39 of the Constitution. In particular Section II of the Workers’ Statute (Articles 14 to 18), under the heading ‘freedom of association’, covers the right to organise and to join trade unions, prevents discrimination and dismissal for trade union reasons and prohibits employers and associations of employers to create or support, through financial means or otherwise, trade unions of workers (so called ‘sindacato di comodo ’). Section III (Articles 19 to 27), under the heading ‘trade union activity’, contains rules aimed to boost the presence of trade unions at the workplace. It provides for the obligation of the employer to allow ballots, to permit employees ’ meetings during and after working hours, and to set a specific space, accessible to all workers , where unions can post documents related to trade union matters. Furthermore, it allows the appointment of workers’ representatives, who are entitled to paid...