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Identification Of Trade Union Maggiormenterappresentative Domestically Confederations Participating In The Trattativaper The Definition Of The Union Concerning The Nuovadisciplina Detachments, Expectations And Permits You ...

Original Language Title: Individuazione delle confederazioni sindacali maggiormenterappresentative sul piano nazionale che partecipano alla trattativaper la definizione dell'accordo sindacale riguardante la nuovadisciplina dei distacchi, delle aspettative e dei permessi si...

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THE MINISTER FOR THE CIVIL SERVICE In accordance with Legislative Decree February 3, 1993, n. 29, concerning the "rationalization of the organization of the public administration and revision of the legislation on the civil service, in accordance with art. 2 of the law 23 October 1992, n. 421"; In view of art. 54, paragraph 1, of Legislative Decree n. 29/1993, as amended by art. 20 of Legislative Decree of 10 November 1993 n. 470, according to which "the purpose of containment, transparency and rationalization of expectations and of trade union leave in the public sector, collective bargaining determines the maximum limits in a special agreement concluded between the President of the Council of Ministers, or his deputy, and the most representative trade union confederations at national level, to be implemented by decree of the President of the Council of Ministers, upon resolution of "" the Council of Ministers after consultation with the regional authorities expressed by the permanent Conference for relations between the State, regions, autonomous provinces of Trento and Bolzano, for matters of regional interest "; In view of art. 54, paragraph 2, of Legislative Decree union "permits must be determined taking into account, in relation to each fund and collective bargaining area, the different size and organizational structure of the government, the number of staff as a whole and of the unionized staff, providing for the prohibition to cumulate daily trade union leave "; In view of art. 54, paragraph 5, of Legislative Decree n. 29/1993, as amended by Article. 20 of Legislative Decree n. 470/1993, which provides that "as the definition of new legislation containing the discipline of the whole subject, are repealed the provisions that currently govern the management and use of expectations and of trade union leave in the public administrations" and that with the agreement on indicated "are also defined the times and methods 'for the application of the law of 20 May 1970, n. 300, as amended, relating to expectations and permits union", stating altresi' that until the enactment of the decree of the President of the Council of Ministers of transposition of that Agreement "shall remain in force the decrees of the President of the Council of Ministers, which currently divide their quota of trade union expectations within the public administration". "It does not affect the provision in the last sentence of paragraph 3 and for this purpose increased by a united ', until the date of entry into force of the decree referred to in paragraph 1, the quotas currently envisaged"; In view of art. 54, paragraph 3, of Legislative Decree n. 29/1993, which provides that "the division of labor expectations among the confederations and the trade unions which qualify shall, in proportion to the representativeness' of the same determined in accordance with art. 47, the Prime Minister's Office - Department of the function public, after hearing the union confederations and organizations ", stating altresi 'that" for the autonomous province of Bolzano will land' into account the provisions of art. 9 of the decree of the President of the Republic January 6, 1978, n. 58 "; In view of art. 3, paragraph 31, of the law 24 December 1993 n. 537, whereby the expectations and paid union leave provided for by union agreements to fund the civil service in place the date of entry into force of this Act, entered into under the Act of 29 March 1983 n. 93, as amended, they are altogether reduced by fifty percent. E 'prohibited the accumulation of daily trade union leave and / or times "; In view of art. 3, paragraph 32, of the law 24 December 1993 n. 537, which provided that" in all sectors of the civil service applies 20 May 1970, n. 300 "In view of art. 3, paragraph 33, of the law 24 December 1993 n. 537, which provided that" the effective use of trade union leave in art. 23 of 20 May 1970, n. 300, must be certified to the head of the administration of membership staff by the union structure at which 'was used permission "of the art. 3, paragraph 34, of the law 24 December 1993 n. 537, which he provided that "the President of the Council of Ministers, within one hundred days from the date of entry into force of this Act, by 'implementing the provisions of art. 54 of Legislative Decree February 3, 1993, n. 29, as amended "; Considering that, pursuant to Art. 54, paragraph 1, of Legislative Decree February 3, 1993, n. 29, as modified by Article. 20 of Legislative Decree n. 470/1993 participate in the negotiations for reaching an agreement on the establishment of maximum limits of the expectations and of trade union leave in the public administration the most representative trade union confederations at national level, which are those under current transitional rules, called in 'art. 47, paragraph 2, of the Legislative Decree n. 29/1993; In view of art. 47, paragraph 1, of Legislative Decree n. 29/1993, as amended by art. 22 of Legislative Decree 23 December 1993, n. 546, according to which "the greater representativeness 'at national level of the confederations and trade unions and' defined by special agreement between the Prime Minister or his delegate and the trade union confederations identified pursuant to paragraph 2, to be transposed by decree of the President of the Republic, after consideration by the Council of Ministers "after consultation with the Conference of Presidents of regions and autonomous provinces of Trento and Bolzano, for matters of regional interest; In view of art. 47, paragraph 2, of Legislative Decree n. 29/1993, as amended by art. 22 of Legislative Decree 23 December 1993, n. 546, under which "until the enactment of the decree referred to in paragraph 1 shall remain in force and are applicable also to the bargaining areas in art. 46, the provisions of Art. 8 of Decree the President of the Republic August 23, 1988, n. 395, and the consequent directives issued by the Presidency of the Council of Ministers - Department of Civil Service. This law remains in force and is also applied in decentralized branch until it is given to the application art. 45, paragraph 8 "; In view of art. 8 of the decree of the President of the Republic August 23, 1988, n. 395, which defines the reference criteria to be used by the Prime Minister's Office - Department of Public Service for the determination of the greater representativeness' at national level of the confederations and trade unions operating in public sector employment; Having regard to Directive contained in Circular 11 March 1991, n. 72549 / 8.93.5, published in the Official Gazette no. 65 of 18 March 1991 on - according to the said Article. 8 of the decree of the President of the Republic n. 395/1988 - the modalities 'for assessment of the greater representativeness' requirement at the national level of the confederations and trade unions operating in public sector employment; Having regard to Directive-circular no. 13397/93/7491 of 16 April 1993 (Circular no. 15/1993, published in the Official Gazette no. 92 of 21 April 1993) concerning the '' data update contained in the said Directive-circular of 11 March 1991 the which criteria and parameters are relevant, in accordance with the directive-circular, in all "circumstances in which and 'required the identification of EFFECTIVENESS' union, given that those parameters are certainly objective references"; considering that, according to the criteria and parameters set out in the directive-circular of 11 March 1991, are considered the most representative at national level trade union confederations against which it has been established, according to the above Directive-circular, the representativeness' qualified in at least two collective bargaining sectors of the civil service of the trade union organizations are members of them or that are present in the composition of the national Council of economy and Labour; Taking into account the data received by the public authorities in relation to these Directives-circular and the current composition of the National Economy and Labour Council; The Order of the President of the Council of Ministers of 13 May 1993, published in the Official Gazette no. 118 of 22 May 1993, under which the Minister for the Public Service, Prof.. Sabino Cassese, and 'it has been delegated to provide for the "implementation .. of Legislative Decree February 3, 1993, n. 29" and ".. to exercise any other functions attributed by current provisions to the President of the Council of Ministers, relating to all matters that concern the public administration and the civil service "; Decrees: Art. 1. Pending the attribution art. 47, paragraph 1, of Legislative Decree February 3, 1993, n. 29, as amended by art. 22 of Legislative Decree 23 December 1993, n. 546, for the unions, participating in the negotiations for the definition of the union regarding the new discipline of detachment, expectations and trade union leave in the public administrations in art. 3, paragraph 34, of the law 24 December 1993 n. 537, and art. 54 of Legislative Decree February 3, 1993, n. 29, as amended by art. 20 of Legislative Decree of 10 November 1993 n. 470, the following most representative trade union confederations at national level: Italian General Labour Confederation (CGIL); Italian Workers Union Confederation (ICFTU); Confederation of Italian Labour Union (UIL); Confederation of Italian business leaders (CIDA); autonomous confederation of managerial staff of the Civil Service Tribunal (Confe.Dir.); Workers Confederation Autonomous Trade Unions (CONF.SAL); Italian Confederation of Workers Independent Trade Unions (CISAL); Italian Confederation of National Trade Unions (CISNAL); Basic trade union representatives - basic unitary Confederation (RDB-CUB). This decree will be 'published in the Official Gazette of the Italian Republic. Rome, April 7, 1994 Minister: CASSESE