In all public administrations under art. 1, paragraph 2, of the d.lgs. # 165 of 2001 and p. c.: The Ministry of economy and finance DAG-Directorate of information systems and innovation-SPT dcsii.dag@pec.mef.gov.it to the Presidency of the Council of Ministers for the Civil Service Department Protocol _ dfp@mailbox.governo.it a. introduction the art. 43 of the d.lgs. March 30, 2001, no. 165 stipulates that Aran's must be ascertaining the reliability of trade unions at the beginning of each season to a contract, providing for the collection of data necessary for membership and electoral. In particular, with regard to the data arrays, the cited art. 43 puts the Government an obligation to transmit to the Agency the data concerning the Trade Union delegation held the contribution made by its employees in favour of trade unions working in the public sector. The same article defines the rules of such notification, further declined by art. 19 of the national collective agreement framework of August 7, 1998 on the modalities of utilization of separations, expectations and permits as well as other trade union prerogatives, as replaced by art. 6 of CCNQ of September 24, 2007. Both said that, for the purpose of establishing the reliability for the contractual period 2016-2018, it is necessary to acquire data on proxies issued by workers unions on the date of December 31, 2014. The data of the survey, as it is known, will then be submitted to the certification of the Joint Committee provided for by the above mentioned art. 43. given the complexity of the procedure, which allows the Aran to ensure high reliability is only after such certification, the timeliness with which this agency can fulfil its mandate depends, to a great extent, from the timing and the degree of collaboration and speed of these Administrations in the transmission of the requested data. Also holds particular importance to care when building business detection specially developed by Aran for data acquisition. The survey will take place exclusively through online procedure. To this end, the Agency's institutional site, there is an Area reserved to public administrations through which Governments must comply with the obligations to transmit data to the Agency. Please note that in order to access this Area, you must accredit the institution's legal counsel as a priority (RLE). For details on registration or verification of RLE previously registered please refer to circular needle # 2 and # 3 of 2014 published on the internet site of Aran is under "Highlights", both in the "Reliability Assessment", under "Proxies". Within the reserved Area to Government it was prepared an application called "UNION DELEGATIONS", which must be compiled data collection cards. Regarding, please note that paragraph 7 of article. 43 of the d.lgs. # 165 of 2001 provides that public authorities are required to indicate the officer in charge of the detection and for data transmission. In accordance with this law, access to the application "UNION DELEGATIONS" is reserved for the responsible of procedure (RP) powers, specially appointed by the RLE of single administration. Recalling that the RP will be sent special autonome access credentials, please note that in any case the RP be liable, together with the RLE, the veracity and correctness of all data entered in the application. Such data are equivalent to sending paper signed with signature. Access to the procedure will be possible as from 1 St February 2015 because the detection is active at the date of Union delegations 31.12.2014 — those for which it was made a deduction in salary for the month of January 2015. The procedure should be concluded within the March 31, 2015, as provided for by art. 43, paragraph 7 of the d.lgs. # 165 of 2001. The collection should be objective and made with mode ' uniform for all administrations. Consequently, for building the business, should not be taken into account indications from different subjects from Aran (unions or whatever). Trade unions have the right to verify that the data of relevance are accurate in the number, the denomination and the extent of the contribution-for this purpose, the law has provided that the data is signed by the trade union concerned. The OO.SS., however, cannot provide information about the terms of their compilation, and in the event that this happens the administrations should not take it into account, by following the methods outlined in this note. It draws attention to the need that the screens are built with particular care and attention since the Aran cannot in any case change the data entered by the contracting authorities. This note will be published in the official journal and on the website of Aran at www.aranagenzia.it under "Reliability Assessment" under "Proxies". The same provides general guidelines for submitting to the Aran of the requested data while the detailed information for the compilation of the tabs provided in the application will be available in the "Guide to the compilation" available in the "UNION DELEGATIONS" in Area reserved for public authorities. In the rest of this note, the term "Administration" are designated generically all public administrations, however denominated, while the term "collective bargaining sectors of the civil service and autonomous management of trading areas" is simplified into "sectors and areas". B. who must transmit data are required to transmit data on Trade Union powers all administrations represented by Aran in national collective bargaining. Please note that in the case that no employee has released a detained Trade Union delegation or the December 31, 2014 there are employees or is in service only personnel commanded by other administration-from the latter surveyed-, the Administration must also sign the application for TRADE UNION DELEGATION and follow the case, in order to permit the Agency to conclude its detection without waiting for or requesting data. Exception: special administrative regions and the autonomous provinces of Trento and Bolzano, which must not transmit data about their employees or employees of other administrations to which, according to the current regional statutes do not apply the national collective labour agreements concluded by Aran. Administrations operating in these regions and autonomous provinces which belong to sectors identified by Aran, and which are not, therefore, covered by the aforementioned exception, must regularly send data;
support institutions and charities (formerly Ipab) that are privatized, the NGOs, and more generally the institutions and foundations of welfare nature of private character or have legal personality under private law, regardless of the CCNL applied to staff operating therein. Such institutions must not transmit data about their employees. Must transmit data public companies of personal services (formerly Ipab) as per d.lgs. # 207 of 2001 which have legal personality under public law. C. type of data requires the application "UNION DELEGATIONS" will allow to fill out on-line detection cards. To this end, the following data are required: C1. Number of employees at December 31, 2014 one of data necessary for the detection of delegations and the number of employees in role (with fixed-term or permanent contract) at December 31, 2014. It is a matter of stock photographing exactly the situation on that day. Must be counted the employees to whom they apply only the national collective labour agreements concluded by Aran, excluding those who do not fit into this situation on the date predicted. An indication of the number of employees, so defined, cannot be omitted. Must be respected the distinction between managers and staff of the Fund, the division between "indefinitely" and "fixed", as well as the joint specified for category of employees. It can't be a total generic as management personnel and that of the sector belong to different national collective labour agreements (Fund and management areas), each of which must be ensured a different reliability ' wage. With regard to staff with fixed-term employment relationship covered by the administrations should indicate only the School sectors and AFAM employees and managers with year or, at least, until the end of the lessons. The data about which employees at 31.12.2014 must be completed even if no delegation expressed in favor of unions. The employee to the position of command or other similar temporary measure, must be registered by the Administration that it is in the role. The Administration at the same he served in positions of command should not count such personnel in order to avoid a double detection. As noted in paragraph B, December 31, 2014 if there are no employees, or is in service only staff controlled by other administration and from the latter surveyed, the screen on the current staff at December 31, 2014 must also be filled out indicating the value zero, in order to permit the Agency to conclude its detection without waiting for or requesting data. Only if particular conditions (e.g. entities of very recent establishment), the employee is remunerated wholly by the Administration if it operates temporarily in command, pending the classification into the new entity, must be the latter to finding it. In any case it is up to the directors ensure that duplication will not occur. C2-full name and abbreviation of the word trade union organisations are only OO.SS. those of category. Paragraph 7 of article. 43 of the d.lgs. # 165 of 2001 provides that the method of detection must ensure the confidentiality of information. For this reason distinct cards must be completed for each of the unions that have released proxies for withheld wages. The same article provides for administrations tasked to detect and transmit the requested data. Aran is limited to taking note of them, having no evaluation or task of interpretation of communications made between unions and individual administrations. Administrations must fill out exactly which fields for indicating the full name and acronym of the trade union organization of the category, taking care to bring back exactly the name of the subject of statutory auditors in whose favour it was made the deduction. Does not detect the internal organisational structure to the percettrice trade union organization of the contribution or the header of the current account with which the sums withheld are physically paid. It is normally excluded the possibility to indicate, instead of the name and acronym of the organization by category, that only the Federal Government to which it adheres. In that case, in view of the coexistence of more and different categories present in the public service belonging to the same Federal Government, it would not be possible to identify which trade union organisation be it (e.g. the only naming UIL, indicating the Federal Government, does not allow to identify which category it is. The card must be so properly registered to UIL UIL UIL SCHOOL or AP or FPL, etc., or must be completed so many cards as there are categories which are parties to the same Confederation in case they are simultaneously present in the Administration). Going to be shown the only Confederation in the exclusive event that the delegation of the worker is actually released in favour of a Confederation and not a Trade Union, which must be ascertained from the individual delegation and must be carefully verified. We repeat that according to art. CCNQ 19 of August 7, 1998, as replaced by art. 6 of CCNQ of September 24, 2007, in the case of affiliation or other form of Group endeavours among unions that do not give rise to the creation of a new subject is always excluded the granting of powers of the franchisee to the franchisor. Different is the case of incorporation/amalgamation of a trade union organization existing in a subject as it is in this case of universal succession, which must have occurred by 31.12.2014. C3. Number of proxies to December 31, 2014 by proxy means the authorization from the employee to the employer in order for these to withhold an amount X from emoluments attributable to the worker and the verses to a Trade Union. Go, therefore, found the only phone to unions by proxy with restrained on pay and which might be derived exclusively from the same (in summary, the survey corresponds to the reading of remuneration in the specific entry). Must not be subsequently detected direct memberships to unions without delegation for its restraint on pay. Again, as for the number of employees, it is a given that the December 31, 2014 stock photographer exactly the situation. Should not therefore be counted the powers revoked before that date or those issued after that date, that is from January 1, 2015 onwards. For these reasons the survey is made on pay of January 2015 under the December 31, 2014, because only in January are detectable all proxies issued (or revoked) trade unions by December 2014, including the so-called new proxies that, although not accounted for in December 2014, in fact they were already active at that date (article 19 5, CCNQ, paragraph of August 7, 1998 as supplemented by art. 6, paragraph 9, of CCNQ of September 24, 2007). About it is recalled that, pursuant to art. 1, comma 1, lett. b, CCNQ concerning Union dues signed the February 8, 1996, "the proxy shall be effective on the first day of the month following the month of release". Therefore it is the duty of Government to ensure that in January 2015 paycheck deductions are made for all proxies issued by the date of December 31, 2014. In order to fully implement the provision contained in art. 19, paragraph 5, only in limited cases where the processing of payroll related to January may quit before the December 31, 2014, detection is done on the paycheck of the month of February provided that paychecks are for new proxies issued in December 2014, both the deduction related to the month of January that refers to the month of February. We repeat that shall be indicated only data about proxies issued by employees on behalf of organizations that have a trade-union nature (see also CCNQ of February 8, 1996 concerning Union dues). Therefore, should not be counted in other associations which do not have such data (i.e: professional associations, voluntary associations, cultural associations, associations dealing with vocational training, etc.) will interfere with alteration of data collected for the purposes of reliability ' wage. Government's role is to verify that fact, detectable by statute of individual organizations. As for the data about which employees must observe the distinctions sheet in order to: managers, staff of the Fund, for an indefinite term contracts, categories, without making artful summations. With regard to staff with fixed-term employment relationship, in the managerial area School sectors and AFAM and its range only observes the proxies granted by employees and managers with year or, at least, until the end of the lessons. For the purposes of disclosure you must refer to the CCNL applied to employee and not to the same degree in possession or the feature category that Union has released the proxy (for example, if an employee has a medical degree and is enrolled in a Union representing only doctors but belongs to the sector as it framed as a radiology technician , should be recognised in the staff of the health sector and not in the local staff of veterinary medical management IV bargaining). For organizations that have a dual purpose, labor and scientific, whose Statute provides different types of entries, scientific section only or for the sole trade union section-this is the case of doctors-unions, should be recognised only entries in this last section. If the delegation on behalf of a trade union organisation is split, I mean paid in shares, all addressed to the same Union but referring to various facilities where this is articulated (e.g.: part to provincial Trade Union, part regional and national party), the delegation should be considered Unitarian and counted only once within the same Board, using, for the calculation of the average contribution , its integer value (which is the sum of all splits). C4. Amount of the contribution wage discipline contained in subparagraph 9 of article. 43 of the d.lgs. # 165 of 2001 provides that the Joint Committee may decide that "are not taken into account, for the purpose of measuring of the given Association, the delegations in favour of unions that require workers with a lower financial contribution by more than half compared to that on average required by the unions of the sector or region". This makes it essential to the acquisition of the data, but also the highest precision in the calculation of its value. The extent of the contribution wage (article 15, paragraph 5 of CCNQ of August 7, 1998) must be expressed in euro, monthly average unit value, excluding percentages. In calculating the average monthly unit value shall mean exclusively the contribution paid by a full-time worker for the entire month of reference work (January 2015 under the December 31, 2014). In this sense has no relief because the worker is paid in the previous months and the number of months of retention of the delegation in 2014. Therefore: 1. If the Trade Union contribution is paid for 13 monthly payments, the monthly average value must be recalculated on 12 monthly payments ';
2. If the employee has a ratio of part-time work, the value of his contribution must be brought back to full time;
3. If the remuneration is not related to the entire month, as hiring has taken place on December 15, 2014 or similar cases, the value of the contribution must be reported at monthly value. C5. Delegations also expressed in favour of other unions can happen that the same employee on the date of December 31, 2014, are themselves in writing, by proxy, to more and different unions: the case of double or multiple proxies. This situation should be recognised as even this figure represents a variable that is used for proper calculation of reliability. Consequently, the procedure is going to require expressly inserting the given word. D. managed by Administrations "SPT": With this diction means Contracting authorities carry out the payroll, the competent service of the Ministry of economy and finance (Service Personal Treasury (SPT) of the Directorate of information systems and innovation). The administrations in question, once you enter the procedure, will find the tabs already compiled since the data will be transmitted in electronic format, to the application Aran directly by SPT. Governments cannot change the precompiled cards from predicted service, or sum, grouping them, proxies with different codes, although the same acronym. In this case, wouldn't it be detectable on other Union data processing code that underlies the different contribution. In the case in which the trade unions seek a review of the data indicated in the cards prepared by competent predicted service of the Ministry of economy and finance, the Government should conduct a review with the same Service Staff Darling, single instance member to check whether or not the subject of dispute have been delegations enabled. The Service staff at Treasury checks the adequacy of information entered in the payroll management programme and, where necessary, shall notify the Administration (and CC'd to the ARAN) updated. Only after such notice the Administration can make corrections to the preloaded data in the application "UNION DELEGATIONS". Please note that the Agency will verify the existence of any difference between the given preloaded and the data present at the close of the survey. The RLE will be responsible for each change that is not accompanied by the aforementioned formal documentation of SPT. Please note that for School data relating to Trade Union delegations shall be transmitted exclusively by the Ministry of education, University and research. E. E1 Requirements. Signature of the rep will generate a report application in PDF format for each trade union organization, containing the data entered in the proceedings. In accordance with art. 43, paragraph 7, of the d.lgs. # 165 of 2001 data must be countersigned by a representative of the trade union organization concerned with methods that guarantee the confidentiality thereof. Therefore, each report must be printed and signed by a representative of the trade union organisation which it refers. For Rep means the Union Leader (company-territorial-provincial-municipal-zone-national) of the trade union concerned, which is a component of MSW or employee specifically delegated in writing (in the latter two cases the delegator's trade union organizing and delegation must be formally submitted). Should therefore be ruled out that: the signature is affixed by the same Union Rep on cards registered to different unions. Every rep can subscribe only the tabs from the organisation representing;
the signature is affixed by the component of MUNICIPAL SOLID WASTE, except express indication of the trade union concerned. E2. Motivation of not signing the Union representative Where the card is not countersigned by the trade union concerned, as specified in the standard, the official responsible for building must, using the specially provided box, specify the reason for non-subscription with a statement indicating that fact. In case of disputes from the trade unions, if the Administration does not believe that having to make changes to the data, the cards must also be completed indicating the reasons for contesting in the records at the bottom of the tab. E3. Transmission of the report to the trade union organization in order to ensure adequate information the report, containing the data entered in the proceedings, must be sent to the trade union concerned. In compliance with current legislation on the confidentiality of information must be sent with each Union separately the report of their relevance, namely made out to the recipient organization and not those owned by other organizations. The release date to the trade union organization must be shown in the box. F. Conservation of documents. Since the detection of the delegations will take place electronically, no paper document must be transmitted to ARAN. Attention is drawn to the fact that the Administration must keep for at least 10 years all reports entered into by unions (i.e. showing the reasons for the lack of signature) and proof of transmission of data to a single Union, to safeguard the RP Proxies and RLE, since they must declare, in the fields provided in the application "UNION DELEGATIONS", if it was acquired the signature of the representative trade unions (State the generality and role within the Union) or If not, the reasons for the lack of signature.
Rome, December 15, 2014 President: Gagan