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Undersigned the agreement with the unions for the cession of Tirrenia to CIN
the understanding previews the passage of all the staff let alone the maintenance of current the condition retributive
November 29, 2011
Last night Tirrenia, Italian Company of Navigation (CIN) and Fedarlinea have undersigned the agreement with the unions in the within of the procedure of trade-union consultation previewed for the cession to CIN of the company branch "cabotage" of Tirrenia. The understanding, that we publish below, previews the passage to the CIN of all the Tirrenia staff, is sailor who administrative, let alone the maintenance of current the condition retributive, normative and economic waiting for I renew of the past due contract last year.
For giving operativity to the understanding it is time necessary to attend the pronunciamento on the passage of Tirrenia to the CIN by the European authority antitrust.
The agreement is estimated positively by the unions. The quality of the understanding - it has found Federmar Cisal - is "enough good: in fact, remaining arrest warrant the economic and ongoing guarantee of the job for the duration of years the two with beginning day of the final acquisition by CIN, date
still disowned all the subject signers of such agreement because waiting for the final answer by the European antitrust - it has explained the labor organization - we have given an impulse to the prosieguo of I confront in the time to come, with the forecast of a contract ex novo that you carry on board to the occupational let alone economic stability of all the workers today employed and to earth as well as today bound advances of career with the operations".
AGREEMENT AND CONSULTATION MINUTES
FORMER ARTICLES. 47 LEGGE 428/90,63 D.LGS. 8 JULY 1999, N. 270 AND 5, CODICIL 2-TER, LEGGE 23 DECEMBERS 2003, N. 347, CONVERTED IN 18 LEGGE FEBRUARY 2004, N. 39 AND NEXT MODIFICATIONS AND INTEGRATIONS
The day 28 November 2011, in Rome near the center of the Confcommercio, they have met:
Tirrenia S.p.A in A.S., below for brevity "TIRRENIA", in person of the Commissioner Straordinario, Dr. Giancarlo D' Andrea, assisted from the Avv. Rosario Salonia;
Italian company of S.r.l Navigation below for brevity "CIN", in person of the Managing director, Dr. Ettore Morace, assisted from the Avv. Alberto Maggi;
FEDARLINEA, in person of the Sigg.ri Michele Ruggieri, Filippo Allegra and Antonio Fortuna;
FEDERMAR CISAL, in person of the Sigg.ri Alessandro Pico, Giovanni Brancaccio and Vincenzo Mormile, Bruno Cuomo, Michele Galliano and Carlo Mezzaner;
UGL TRANSPORTS, in person of the Sigg.ri Fabio Milloch, Pasquale Mennella and Almerico Romano, Ciro Esposito and Francesco Vitiello;
USLAC - UNCDIM, in person of the Sigg.ri Antonino Nobile and Vincenzo Vitiello;
below, for brevity, all called jointly also as the "Parts", in order to complete the procedure of trade-union consultation, already started according to art the 47 of the 428/90 from TIRRENIA in On. S. and from the Italian Company of Navigation S.r.l. ("CIN") with letter on May 30, 2011, successively suspended and restarted from TIRRENIA in A.S and the CIN with letter on November 9, 2011 and regarding the cession of Ramo of Company "Cabotage" in charge of the distribution of the service of connection of which to the conventional regime, let alone to the distributed service on others drafts directly operated to out of the foretold conventional relationship from TIRRENIA in A.S., costituto from the elements listed in the aforesaid letter of start of anticipate procedure below (the "Branch of company").
Commissioner Straordinario has travelled over again the several phases of the Program of cession to CIN of the company unit of TIRRENIA in A.S., authorized from the Ministry of the Economic Development in date 23 May 2011, against to seem favorable of the Committee of Surveillance on May 20, 2011, confirming that in date 25 July 2011 he has been undersigned between TIRRENIA in A.S and CIN a contract of cession of Ramo of company, whose effectiveness sospensivamente is conditioned to the positive experiment of the verifications to remit to the Guarantor Authority of the Competition and the Market and the EU commission, currently in course, from that it will achieve subscription of the new convention of public service.
In compliance with previewed how much from art. the 63 of the D.Lgs n. 270/1999 and from art. the 5, codicil 2-ter, of the D.Lgs n. 347/2003, in the within of the procedure previewed from art. the 47, codicil 1, of law 428/90, are deepened by the Parts: a) the reasons of the cession of the company branch; b) its legal, economic and social consequences for the workers; c) the eventual measures previewed regarding these last ones.
TIRRENIA in A.S and CIN has confirmed how much illustrating in the remembered letter on May 30, 2011 and the encounters successively elapsed.
In particular, the CIN representative, after to have illustrated in its essential lines the new organizational articulation that will be given Ramo of company, has preannounced that the society will be transformed in S.p.A., will have a share capital of 40 mln of euro and will continue to use the commercial brand "Tirrenia".
The CIN representative has, also, illustrated the main lines of the industrial Plan of the new Society, that she previews:
the recapitalization of the society;
the structural maintenance of all the ships, with the exception of the four boats of the series "Roads" that, because of the reduction of ability previewed from the Stockolm Agreement, will come as soon as possible replaced;
the development of the commercial policies and the channels of sale;
I use of all the current force job of TIRRENIA, that it will be maintained, in the time, in coherence to the organizational order, also correlated to the obligations of service previewed from stipulanda the convention;
the gradual potenziamento of the entire fleet, increasing the offer of linear meters and fleeting on some lines as Civitavecchia-Arbatax-Cagiiari, the Naples-Cagliari and the Ravenna-Catania,
the improvement of the quality of the services on board, also through the formation of the attached staff.
The representative of CN, considered that for regulating operation of Ramo of company is necessary the assumption of all the administrative Staff and all navigating Staff (R.O and C.R.L) in force to the date of effectiveness of the contract of acauisto of Ramo of company let alone the maintenance of current the Turnus particular, has confirmed that, become effective the relative contract of purchase, will be placed in being the following actions:
the new convention of public service will come undersigned from CIN and will come consequently carried out from TIRRENIA in A.S to the same CIN the delivery of Ramo of company;
a proposal of assumption to all the administrative Staff and all navigating Staff (R.O and C.R.L.) in force to the date of effectiveness of the contract of purchase of Ramo of company will be formulated by CN; such proposal, subordinated to the acceptance by the addressees, will respect the acquired professionalities, with acknowledgment of the current individual retributive levels and the allocation near the CIN structures;
it will come, contextually, forwarded from appropriate CIN communication to the staff enrolled in the various lists of Turnus Particular (T.P.) of TIRRENIA S.p.A in A.S., the current configuration of they, boarding with the same modalities up to now continuations;
they will be recruited by CIN, in case of incapienza of the T.P., the workers enrolled in the Seasonal Lists, the existing configuration to the action of the effectiveness of the cession, or coming from Turnus General;
application of the current contractual order with the objective will be given by transitory CIN to reach as soon as possible to renewing and sharing collective regulation of the job relationships.
The CIN representative confirmation that to the state, being given how much over, the programmed cession of company branch will not involve for the interested workers some ulterior legal consequence, economic and social and that to he will be guaranteed to same previewed how much from art. the 63, codicil 2, of the D.Lgs n. 270/1999.
The OO.SS., taken note for the communications of the Representative of CIN, have asked clarifications on how of application of the new dealing and on relative the contained ones and recalled the engagements assumed from the Government about the safeguard of the current occupational levels in the time.
The OO.SS have, also, asked ulterior clarifications on the contents for the assumption proposal that will be formalized to the administrative staff and sailor; on the consequences of the eventual refusal by the workers of the proposal of assumption of the Assignee; on how of contractualisation of the relationships of job of the staff which joined Turnus Particular (TP or FCRL) of TIRRENIA in To. S., on the motivations of the lacked extension of the occupational guarantees to the workers enrolled in the Seasonal or coming Lists from Turnus General and on the previewed discontinuity of the relationships of job in being with Yielding and to reconstitute itself with the Assignee.
The representatives of TIRRENIA in A.S and CIN, in finding the demanded clarifications and confirming all the assumed engagements to safeguard of the service, of the occupational and reddituali levels, have restated, after wide argument, than the assumptions they will be to time indeterminate and illustrated the reasons for which, based on the forecasts of the enforced norm and mainly for the companies in extraordinary administration that eserciscono publics services, does not apply art. the 2112 c.c.
After wide argument, the Parts mutual action is given to have esperito and concluded the procedure of previewed trade-union consultation from the articles. 47 law 428/90 and s.m.i., 63 D.Lgs. 8 July 1999, n. 270 and 5, codicil 2-ter, law 23 Decembers 2003, n. 347, converted in the law 18 February 2004, n. 39 and next modifications and integrations and to have reached the following one
AGREEMENT
The premises, so as the attached ones, constitute integral part of anticipate oral,
CIN, become effective the contract of purchase of Ramo of company, will formulate a proposal of assumption to indeterminate time to all the administrative Staff and all the Staff sailor enrolled in the contractual regimes of TIRRENIA in Organic A.S tenured (RO) and of Continuity Relationship Job (CRL), with the guarantees previewed from art. the 63, codicil 2, of the D.Lgs n. 270/1999 and respecting of the acquired professionalities and/or the functions, the current individual retributive levels and, transitorily, waiting for the definition of the new shared contractual order, the current economic and normative conditions.
The assumption proposal will be formulated the workers, according to the relative contractual regime, using the attached letter to anticipates oral, under the letters A), B). To the whom joined workers Turnus Particular (TP) of TIRRENIA in A.S. communication as from attached C will come appropriate correspondent).
The assumptions and/or the recruitments are subordinated to the full acceptance by the workers of the proposal formulated from CIN and will pass from the date indicated there, without acknowledgment of some conventional seniority.
The amount correspondent to the increases periodicals of seniorities matured to the date of cessation of the relationship of job with TIRRENIA in A.S will be corresponded for a reason or purpose of not absorbable individual superminim, maintaining to the incidence on all the retributive institutes, also differed.
The relationship of job elapsing with TIRRENIA in A.S will be resolved for mutual consent to the action of the assumption and/or the recruitment of the workers by CIN.
The which joined staff Turnus Particular (TP) of TIRRENIA in A.S will be maintained in the relative contractual regime and will be boarded from CIN with the same modalities up to now continuations. Eventual, ulterior requirements of navigating staff will be satisfied, in case of incapienza of foretold the TP, resorting priority to the workers already enrolled in the Seasonal or coming Lists from Turnus General historical.
The job relationships, so established, will be regulated transitorily, waiting for the definition of the new shared contractual order, from the current economic and normative conditions from the discipline of national the counterfeit of job and from the dealing of second for staff administrative level currently applied and for staff sailor within TIRRENIA in A.S.
The negotiations in order to reach the location of a new contractual order, will be under way as a result of the passage to CIN of Ramo of company and to the improvement of the industrial plan, having as reference the CCNL Fedarlinea, in phase of I renew, and within such negotiations will be examined also: problematic the relative ones to the valorization of the matured individual seniority from the workers assumed in the field of the cabotage, the Tables of armament in order to verify of the adequacy, the unification of the turns of job and the redefinition of the mission of the peripheral operations headquarters, time to guarantee of the maintenance.
Bed, confirmed and undersigned.
Tirrenia di Navigazione S.p.A in A.S.
FEDERMAR CISAL
Italian company of S.r.l. Navigation
UGL YOU TRANSPORT
FEDARLINEA
USLAC-UNCDIM
All. To to the Minutes of Agreement of the 28.11.2011
Model administrative letter of assumption
[on headed paper of Italian Company of S.r.l. Navigation]
Naples, [or]
Dear Mr.
[or] [or]
Via [or], [or]
[or], [or]
Object; assumption proposal
Making I keep on the stipulated trade-union agreement in date [or] 2011 in the within of former procedure art 47 of the l. n. 428/1990 relative to the cession of Ramo of Company “Cabotage” of Tirrenia s.p.a in AS (in prosieguo Tirrenia), Italian Company of S.r.l. Navigation (in prosieguo the CIN) proposes to Them, hereby, the assumption to its dependencies to indeterminate time with effect to pass in all respects from the date of effectiveness of the foretold cession of law and of contract, it stops remaining the Its current center of job.
In compliance with previewed how much from the trade-union Agreement on November 28, 2011, waiting for the definition of the new contractual order Its relationship of job temporary will be disciplined with the same organization and individual economic and normative treatment and, therefore, with acknowledgment of the Its current level and retributive voices, from the forecasts of the enforced counterfeit today within Tirrenia.
The releases of distributed seniorities to any title from She matured until the last working day of Its relationship with Tirrenia frozen and will be inserted as salary and wage in Its paycheck not absorbable “superminimal” under the heading of, that monthly salary will be distributed for 14 maintaining the incidence on all the retributive institutes, also deferred.
In case for acceptance from part Its of the terms and the described conditions over, that it will also involve the resolution of the relationship of job elapsed with Tirrenia, we kindly ask Them to give back to us copy of anticipates from She undersigned for acceptance.
Italian company of S.r.l. Navigation
Administrator Delegato
Ettore Morace
_____________________
For acceptance:
[or]
_____________________
All. B to the Minutes of agreement of the 28.11.2011
Model letter of assumption CRL
[on headed paper of Italian Company of S.r.l. Navigation]
Naples, [or]
Dear Mr.
[or] [or]
Via [or], [or]
[or], [or]
Object: assumption proposal
Making I keep on the stipulated trade-union agreement in date [or] 2011 in the within of former procedure art. 47 of the l. n 428/1990 relative to the cession of Ramo of Company “Cabotage” of Tirrenia di Navigazione s.p.a in A.S. (in prosieguo Tirrenia), Italian Company of S.r.l. Navigation (in prosieguo the CIN) proposes to Them, hereby, the assumption to its dependencies to indeterminate time in regime of C.R.L to pass in all respects from the date of effectiveness of the foretold cession of law and contract.
In compliance with previewed how much from the trade-union Agreement on November 28, 2011, waiting for the definition of the new contractual order Its relationship of job temporary will be disciplined with the same organization and individual economic and normative treatment and, therefore, with acknowledgment of the Its current level and retributive voices, from the forecasts of the enforced counterfeit today within Tirrenia.
The releases of distributed seniorities to any title from She matured until the last working day of Its relationship with Tirrenia frozen and will be inserted as salary and wage in Its paycheck not absorbable “superminimal” under the heading of, that monthly salary will be distributed for 14 maintaining the incidence on all the retributive institutes, also deferred.
In case for acceptance from part Its of the terms and the described conditions over, that it will also involve the resolution of the relationship of job elapsed with Tirrenia, we kindly ask Them to give back to us copy of anticipates from She undersigned for acceptance.
Italian company of S.r.l. Navigation
Administrator Delegato
Ettore Morace
_____________________
For acceptance:
[or]
_____________________
All. C to the Minutes of Agreement of the 28.11.2011
Model communication TP
[on headed paper of Italian Company of S.r.l. Navigation]
Naples, [or]
Dear Mr.
[or] [or]
Via [or], [or]
[or], [or]
Making I keep on the stipulated trade-union agreement in date [or] 2011 in the within of former procedure art. 47 of the l. n 428/1990 relative to the cession of Ramo of Company “Cabotage” of Tirrenia di Navigazione s.p.a in AS, Italian Company of S.r.l. Navigation communicates Them hereby that as a result of the foretold cession, She will remain joined Turnus Particular in the within of the same list and with the maintenance of the up to now acquired ranking.
In compliance with previewed how much from the trade-union Agreement on November 28, 2011, waiting for the definition of the new contractual order the Particular regime of Turnus Temporary will be disciplined by the forecasts of the enforced counterfeit to the date of the cession within Tirrenia and junior clerk with same modality.
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
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Editor in chief: Bruno Bellio No part may be reproduced without the express permission of the publisher
Last night Tirrenia, Italian Company of Navigation (CIN) and Fedarlinea have undersigned the agreement with the unions in the within of the procedure of trade-union consultation previewed for the cession to CIN of the company branch "cabotage" of Tirrenia. The understanding, that we publish below, previews the passage to the CIN of all the Tirrenia staff, is sailor who administrative, let alone the maintenance of current the condition retributive, normative and economic waiting for I renew of the past due contract last year.
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
