Rappresentanza e contrattazione nel settore della ristorazione collettiva ed organizzata

Abstract

The subject of this doctoral dissertation is contract catering, intended as product group. It is anyway not confirmed the existence of so-called product group, completely independent, which could be considered autonomous compared to other product groups universally recognized, as the traditional catering or, in general, retail and catering businesses, product group where contract catering was included – at least according collective labour agreements - until recent times. In the first chapter of the dissertation it is chosen the historiographical method to better understand the autonomous path of contract catering compared with similar sectors, with the main purpose not just limited to affirm the existence of the category, but also to describe a sectorial development which has experienced moments characterized by several peculiarities, certainly worthy to be analysed in detail. Subjects of the second chapter are the structure of collective labour agreements of the sector, which in these years are under a complete renovation. The analysis begins with the evolution and the description of the evolution of the collective bargaining inside the sphere of Tourism collective labour agreement; since the beginning of the seventies the contract catering is identified as an under-sector, with high level of autonomy, of retail and catering businesses, which is also included in the framework of the Tourism category. It is therefore necessary to examine on one side the entire collective labour agreement of the category, as it developed until today, and on another side the specific provisions included in the collective agreement related to contract catering, where existing. It is indeed necessary to analyse the Tourism Collective Labour Agreement, signed on the 20th of February 2010, the last one applicable for contract catering, to understand the peculiarity of every contractual institute included into the Collective Agreement and to evaluate the capability to comply with the sectorial necessities; particularly interesting for the dissertation the analysis of the following contractual institutes: field of application, validity, duration, second level collective bargaining, Tourism bilateral bodies, part-time contracts, working time, flexibility, wages, illness compensation and specific regulation of contract catering sector. At the end of such analysis it is described the 2012 withdrawal of Angem (Italian Association representing Contract Catering companies) from the FIPE (Italian Federation representing retail and catering businesses), which was the employers’ Association where Angem was associated since its institution in 1973, and the cancellation by Angem – later withdrawn – of the Tourism Collective Labour Agreement, and the claim of signing a new specific Collective Labour Agreement, which will be probably finalized in 2017. Determinants of the new order of the representation of contract catering companies are the main subject of the third chapter. They could be divided into three categories: historical and institutional, juridical, economical. The analysis of these determinants emerge to be fundamental to comprehend if, beyond a specific historical path and specific type of companies different from retail and catering businesses, there is a real need which is encouraging sectorial companies to search for a typical autonomous representation. At the end of the dissertation it is included a specific literature review, which disclose the relevant literature related to the arguments presented and different positions assumed.