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Signed the agreement that establishes the passage of all the staff of Siremar to Company of the Islands
he has been undersigned monday from the two companies, Fedarlinea and the unions
December 21, 2011
Past monday Siremar, Company of the Islands, Fedarlinea and the labor organizations have undersigned the agreement minutes, that we publish below, that - in the within of the acquisition of the Siremar by Company of the Islands ( on 18 October 2011) - the modalities of the passage of the staff under the new property define and establish among other things that Company of the Islands formulates a proposal of assumption to indeterminate time to all the administrative staff and sailor of Siremar.
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, CONVERTED N. 347 IN 18 LEGGE FEBRUARY 2004, N.39 AND NEXT MODIFICATIONS AND INTEGRATIONS
The day 19 Decembers 2011, in Rome near the center of Fedarlinea, have met:
Siremar - Sicilian Regional Shipping Company - S.p, To. in A.S. below for brevity "SIREMAR", in person of Commissioner Straordinario. Dr. Giancarlo D' Andrea. assisted from the Avv. Rosario Salonia;
Company of the S.p.A. Islands, below for brevity "‘CdI", in person of President, On.le Salvatore Lauro, assisted from Dr. Giampiero Romiti. from Dr. Leonida Perrella and the Avv. Francesco Alagna;
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, Vincenzo Mormile, Gesualdo Accardi, Sebastiano Felis, Giuseppe Polizzotto, Antonino Barone;
UGL TRANSPORTS, in person of Mr. Pasquale Mennella;
USCLAC-UNCDiM, in person of the Sigg.ri Antonino Nobile. Vincenzo Vitiello and Francesco Giuseppe D' Anniballe;
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 the SIREMAR in On. S. and from the Company of the Islands S.p.A. ("CdI") with letter on November 10, 2011 and next demand for encounter of the OO.SS, on November 17, 2011 regarding the cession of SIREMAR in A.S.
Commissioner Straordinario has travelled over again the several phases of the Program of cession to CdI of the company unit of SIREMAR in A.S., authorized from the Ministry of the Economic Development in date 14 October 2011, against to seem favorable of the Committee of Surveillance returned in pairs given, confirming that on October 20, 2011 he has been undersigned between SIREMAR in A.S and CdI a contract of cession of company, whose effectiveness sospensivamente is conditioned to the positive experiment of the verifications remitted to the Guarantor Authority of the Competition and the Market, from that he will achieve the 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 company; b) its legal, economic and social consequences for the workers; c) the eventual measures previewed regarding these last ones.
SIREMAR in A.S and CdI have confirmed how much illustrating in the remembered letter on November 10, 2011 and the encounters successively elapsed.
In particular, the representative of CdI, after to have illustrated in its essential lines the new organizational articulation clic is given to the company, has preannounced that the Society will have a share capital of 20,8 million euros and will continue to use the commercial brand "Siremar" and has communicated that the Guarantor Authority of the Competition and the Market, in 23 date November 2011, has deliberated not to proceed to the start of the preliminary investigation on the concentration operation Company of the Islands/Siremar, "… as the same operation does not give rise to constitution or strengthening of dominant position, such to eliminate or to reduce substantially anddurable the competition".
The representative of CdI, also, has illustrated the main lines of the industrial Plan of the new Society, that she will pursue the objective to strengthen the competitive positioning on the market and to reach the economic balance in the long period, through the development is of actions times to focus mainly the attention on must of the passengers and on the transport goods is of commercial law actions times:
to the maintenance in the time of the force job of Siremar in coherence with the Convention and the order of the industrial plans;
to the widening of the Network. through integration with other modalities of transport in order to for example develop to the traffics (with possible agreements with Trenitalia for the emission of the ticket only train-ship);
to the development of the integrated traditional channels of sale with an Internet platform online with the other operators of market;
to the offer of new services (eg. national and international connections) and of elevated quality more. to the aim to earn market shares;
to the strengthening of own commercial presence, insisting on the brand and own assets symbols.
The representative of CdI has restated that the performance of these commercial law actions has the aim to strengthen the positioning of Siremar on the market, through a greater loyalization of the customers, and to reach the economic balance and that the strategy of development previewed from the Society consists in recovering the productivity by means of a efficient and effective resources allocation, in relation to a more rational organization of the job on board and of the investments on the fleet.
The representative of CdI, considered that for regulating operation of the 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 purchase of company let alone the maintenance of current the Turnus particular, has confirmed that, become effective the relative contract of purchase. they will be placed in being the following actions:
the new convention of public service will come undersigned from CdI and will come consequently carried out from SIREMAR in A.S to the same CdI the delivery of the 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 company purchase will be formulated by CdI; such proposal. subordinated to the acceptance by the addressees, it will respect the acquired professionalities, with acknowledgment of the current individual retributive levels and the allocation near the structures of CdI;
it will come, contextually. forwarded, from appropriate CdI communication to the staff enrolled in the list of Turnus Particular (T.P.) of SIREMAR S.pA in A.S. in the current configuration of it, with the same modalities of boarding up to now continuations;
they will be recruited by CdI, in case of incapienza of the T.P., the coming workers from Turnus General;
application of the current contractual order with the objective will be given by transitory CdI to reach as soon as possible to renewing and sharing collective regulation of the job relationships.
The representative of CdI confirmation that to the state., being given how much over, the programmed cession of company will not involve for the interested workers some ulterior legal consequence, economic and social and that 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., felt the communications of the representative of CdI, have recalled the engagements assumed from the Government about the safeguard of the current occupational and contractual 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) of SIREMAR in To. S., on the motivations of the lacked extension of the occupational guarantees to the coming workers 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 delta SIREMAR in A.S and of CdI, 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. that the assumptions 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.
CdI, become effective the contract of purchase of the 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 SIREMAR in Organic A.S tenured (RO) and of Continuity Relationship Job (CRL), with the guarantees previewed from art. the 63, codicil 2. of 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) and B). To the whom joined workers Turnus Particular (TP) of SIREMAR in A.S., will be sent appropriate communication as from attached C).
The assumptions and/or the recruitments are subordinated to the full acceptance by the workers of the proposal formulated from CdI 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 SIREMAR 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 SIREMAR in A.S will be resolved for mutual consent to the action of the assumption and/or the recruitment of the workers by CdI.
The which joined staff Turnus Particular (TP) of SIREMAR in A.S will be maintained in the relative contractual regime and will be boarded from CdI with the same modalities up to now continuations. Eventual, ulterior requirements of navigating staff will be satisfied, in case of incapienza of the foretold TP, resorting to the coming workers from Turnus General.
The job relationships. so established, they 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 SIREMAR 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 CdI of the company and the improvement of the industrial plan, having as reference the CCNL Fedarlinea. They will be examined in local within: problematic the relative ones to the valorization of the individual seniority matured from the workers, administrative and sailors, tasks and the organization of the job on board, in order to verify of the adequacy.
The registered office and the place of job of the Administrative Staff will be Palermo.
Bed, confirmed and undersigned.
Siremar S.p.A in A.S.
FEDERMAR-CISAL
Company of the S.p.A. Islands
UGL YOU TRANSPORT
FEDARLINEA
USCLAC-UNDiM
All. To to the Minutes of Agreement of the 19.12.2011
Model assumption letter. administrative
[on headed paper of Company of the S.p.A. Islands]
Palermo, [-]
Dear Mr.
[-] [-]
Via [-], [-]
[-], [-]
Object: assumption proposal
Making I keep on the trade-union agreement stipulated in date 19 Decembers 2011 in the within of former procedure art. 47 of the l.n. 428/1990 relative to the cession of Siremar s.p.a in AS (in prosieguo the Siremar), Company of the S.p.A. Islands (in prosieguo the CdI) proposes to Them, hereby, the assumption to its dependencies to indeterminate time with effect to in all respects pass from the date of effectiveness of the foretold cession cli 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 December 19, 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 retributive level, let alone of the forecasts of the enforced CCNL.
The releases of distributed seniorities to any title from She matured until the last working day of Its relationship with Siremar 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 Siremar, we kindly ask Them to give back to us copy of anticipates from She undersigned for acceptance.
Before the beginning of the relationship of job provvederemo to farLe having formal letter of containing assumption all the contractual conditions and the center of job.
With the best salutes.
Company of the S.p.A. Islands
The President
Salvatore Lauro
For acceptance:
[-]
All. B to the Minutes of agreement of the 19.12.2011
Model letter of assumption CRL
[on headed paper of Company of the S.p.A. Islands]
Palermo, [-]
Dear Mr.
[-] [-]
Via [-], [-]
[-], [-]
Object: assumption proposal
Making I keep on the trade-union agreement stipulated in date 19 Decembers 2011 in the within of former procedure art. 47 of the l.n. 428/1990 relative to the cession of Siremar s.p.a in AS (in prosieguo the Siremar), Company of the S.p.A. Islands (in prosieguo the CdI) proposes to Them, hereby, the assumption to its dependencies to indeterminate time in regime of C.R.L to in all respects pass from the date of effectiveness of the foretold cession cli law and of contract.
In compliance with previewed how much from the trade-union Agreement on December 19, 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 retributive level, let alone of the forecasts of the enforced CCNL.
The releases of distributed seniorities to any title from She matured until the last working day of Its relationship with Siremar 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 Siremar, we kindly ask Them to give back to us copy of anticipates from She undersigned for acceptance.
Before the beginning of the relationship of job provvederemo to farLe having formal letter of containing assumption all the contractual conditions and the center of job.
With the best salutes.
Company of the S.p.A. Islands
The President
Salvatore Lauro
For acceptance:
[-]
All. C to the Minutes of Agreement of the 19.12.2011
Model communication TP
[on headed paper of Company of the S.p.A. Islands]
Palermo, [-]
Dear Mr.
[-] [-]
Via [-], [-]
[-], [-]
Making I keep on the trade-union agreement stipulated in date 19 Decembers 2011 in the within of former procedure art. 47 of the l.n. 428/1990 relative to the cession of Siremar s.p.a in AS (in prosieguo the Siremar), Company of the S.p.A. Islands (in prosieguo the CdI) communicates to Them, hereby that, as a result of the foretold cession, She will remain joined Turnus Particular in the within of medesiam the list and with the maintenance of the up to now acquired ranking.
In compliance with previewed how much from the trade-union Agreement on December 19, 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 of Siremar and junior clerk with the same modalities.
Before the beginning of the relationship of job provvederemo to farLe having formal letter of containing assumption all the contractual conditions and the center of job.
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Past monday Siremar, Company of the Islands, Fedarlinea and the labor organizations have undersigned the agreement minutes, that we publish below, that - in the within of the acquisition of the Siremar by Company of the Islands 
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
