Actors and institutions in Italy

This section describes the public authorities involved in social dialogue, industrial relations and regulating working conditions.

CNEL was established by Article 99 of the Italian Constitution. See the section ‘Tripartite and bipartite bodies and concertation’ for details.

Even if not primarily involved in social dialogue at national level, the Ministry of Labour and Social Policies, the Ministry of Enterprises and Made in Italy, the Ministry of Economic Development and local authorities are often required to facilitate social dialogue at company level in the event of company crises (that is, signing collective agreements in the event of collective dismissals or related to workers’ income support measures). In some rare cases (that is, when leading businesses or partly state-owned companies are facing difficulties), the government itself tries to foster, mediate and support social dialogue.

INPS is a non-economic public body that manages almost the entire Italian social security system, insuring most self-employed workers and employees in the public and private sectors. The institute is the pillar of the national welfare system.

INAIL is a non-economic public body that manages compulsory insurance against accidents at work and occupational diseases.

Following the entry into force of Act No. 149/2015, the National Labour Inspectorate was established. The inspectorate carries out inspections previously conducted by the Ministry of Labour and Social Policies, INPS and INAIL. It is supervised by the Minister for Labour and Social Policies and controlled by the Court of Auditors.

The labour judge, in the Italian judicial system, identifies a specialised section (labour courts) of each ordinary court for the first instance, of each court of appeal for the second instance and of the Supreme Court of Cassation for the review of legitimacy, with the jurisdiction to adjudicate on particular matters relating to labour law and social security. Disputes concerning individual employment relationships, in addition to court decisions, can also be resolved through extrajudicial conciliation in one of the ‘protected forums’ established by the legislature. The procedure set out by law provides that the decision may be taken by a conciliation commission chaired by the director of the territorially competent provincial labour directorate and composed of representatives of workers and employers.

The National Agency for Active Labour Market Policies (ANPAL) promotes people’s rights to work, training and professional development; coordinates the national network of employment services; and is responsible for the labour market information system.

Criteria to determine social partners’ representativeness have been modified several times over the years. The first and only provision, until 1970, was in Article 39 of the Italian Constitution, which provides a single criterion based on the number of associates. The memorandum of understanding signed on 3 July 1993 (Protocollo d’Intesa) by social partners and the government introduced key changes to worker representation in Italy. Unitary trade union representatives (RSUs) can be appointed by workers by means of elections and in lieu of company trade union representatives (RSAs).

On 14 January 2014, Confindustria, CGIL, CISL and UIL signed the TU 2014, whereby new rules on representativeness were established. In particular, according to the TU 2014, in order to participate in national collective bargaining trade unions must reach a representativeness threshold of 5%, measured as the average of the percentage of union members and of the percentage of votes obtained by the same unions in RSU elections. NCBAs are binding if signed by trade unions reaching a representativeness level of 50% + 1 and if approved by the majority of workers through a referendum. Moreover, the TU 2014 states that firm-level agreements are binding if signed by the majority of RSU members or by the RSA receiving the majority of proxies from employees.

About trade union representation

Employees enjoy the constitutionally enshrined right to organise and join unions (Article 39) and to strike (Article 40). These rights provide the freedom to join trade unions and to not participate in strikes.

The Workers’ Statute (Article 17) indicates the prohibition of ‘trade unions of convenience’ (sindacati di comodo) or ‘yellow unions’ – that is, trade unions established and supported by employers and their organisations.

With regard to categories of workers and sectors excluded from the right to join trade unions, the only limits in force in Italy concern military and police corps members. Both these categories have the right to associate in trade unions, but under a system of separation – that is, in unions formed, directed and represented exclusively by police/military officers (as provided by Act No. 121/1981 for police members and Act No. 46/2022 for military members, following Constitutional Court ruling 120/2018). Both the military and the police are forbidden to strike.

As for trade union density and membership in Italy in 2010–2022, the trend is negative. However, no precise figures can be reported for 2020–2022. Italy lacks a transparent system for measuring workers’ trade union membership, and trade unions tend not to release official and precise data, nor formally certified data (that is, validated by independent authorities).

The negative trend in unionisation points to a general dislike among Italian citizens for aggregation and participation in intermediate bodies, embodying a general crisis of representation, both at political and at trade union level.

Trade union membership and density, 2010–2022

Notes: * Proportion of employees who are members of a trade union. ** Trade union membership of employees derived for the total union membership and adjusted, if necessary, for trade union members outside the active, dependent and employed labour force (i.e. retired workers, self-employed workers, students, unemployed people). n.a., not available.

Source: OECD and AIAS (2021).

Main trade union confederations and federations

The largest trade union confederations in terms of membership in Italy are CGIL, CISL and UIL. Bearing in mind that Italian trade unions tend not to release official and precise data, nor formally certified and validated data, the following self-declarations can be reported.

• CGIL states that it has more than 5 million members.

• CISL states that it has more than 4 million members.

• UIL states that it has more than 2 million members.

It is not possible to report the official data because they are not available. Communications from the Ministry of Labour and Social Policies regarding self-declared data are awaited.

Main trade union confederations and federations*

Notes: * Please note that data on trade union membership are not official or formally certified, as they have not been validated by independent authorities. Data are released directly by trade unions or by their research centres. ** Pensioners’ trade unions often engage in negotiations over local public policies with municipalities. n.a., not available.

About employer representation

No obligations are incurred when joining an employer organisation, except for the obligation to apply the NCBA negotiated and signed by the employer organisation. In recent years, employer organisations have complemented their traditional role of interest representation in their relationship with trade unions with two other functions:

• the provision of services in support of their members’ business activities and development

• in the framework of political economy and governance, the promotion of forms of dialogue with political institutions on tax issues, strategic investments, European reforms, etc.

Interorganisational innovations, particularly in the field of small and medium-sized enterprise organisations (joint bodies providing their members with welfare and services), have been thriving.

Regarding employer organisation density and membership in Italy in 2012–2022, the trend cannot be determined because of a lack of official data.

Employer organisation membership and density, 2012–2022 (%)

Note: * Percentage of employees working in an establishment that is a member of any employer organisation that is involved in collective bargaining. n.a., not available.

Main employer organisations and confederations

Employer organisations participating in CNEL

It is not possible to report the official data because they are not available. Communications from the Ministry of Labour and Social Policies regarding self-declared data are awaited.

Main employer organisations and confederations*

Note: * Please note that data on employer organisations membership are not official or formally certified, as they are not validated by independent authorities. Data are released directly by employer organisations or by their research centres. n.a., not available.

At institutional level, CNEL is a consultative body established by the Italian Constitution (Article 99) that includes representatives of social partners and civil society.

CNEL is managed by 64 board members, nominated every five years. Specifically, 10 members are appointed directly by the presidents of the republic: two are proposed by the President of the Council of Ministers; the others are nominated by the President of Italy following a consultation procedure where social partners and non-governmental organisations propose board members within their quotas.

CNEL has the right to create legislation, and carries out many important functions, such as drafting reports, opinions and surveys at the request of the parliament, government or regions on draft acts or on relevant issues related to economic and social policies. Furthermore, CNEL manages, implements and updates the national archives of bargaining agreements.

Paritarian institutions (enti bilaterali) are set up jointly by employers and trade unions with the aim of providing their members with welfare and services. These institutions have become increasingly important in recent years. There are several types, and they can be established by employer organisations and trade unions at cross-sectoral or sectoral level. Paritarian institutions are managed jointly by social partners and have an internal organisational structure consisting of an assembly, an executive board, a president, an executive director and a monitoring committee. These administrative bodies are usually appointed by social partners every three or four years. Joint bodies deal with several issues, such as wages, skills, training, working time and unemployment scheme benefits. They can be classified as institutional funds or non-institutional funds.

The bodies can be considered institutional funds inasmuch as the law sets out specific goals for collective bargaining to be pursued through funds, or specific schemes to be implemented through them; the funds include pension funds, private healthcare funds, unemployment funds and vocational training funds. Non-institutional funds are those that pursue goals or implement schemes that are self-regulated by collective bargaining.

Main tripartite and bipartite bodies

Two types of workplace-level representation co-exist in Italy: RSAs and RSUs.

RSAs are established at company level at the workers’ initiative within the trade unions that sign the NCBA applied in the company concerned, as provided for by the Workers’ Statute(Article 19). According to the Constitutional Court ruling 231/2013, RSAs may also be formed by trade unions that are not signatories to the collective agreements applied, but that actively participated in the associated collective bargaining process.

At the beginning of the 1990s, collective bargaining replaced, in most production sectors, RSAs with RSUs, which are regulated by cross-sectoral agreements and not by law. RSUs are established by the trade unions that signed or formally recognised the TU 2014. In the civil service, however, RSUs are regulated by Article 42 of Act No. 165 of 30 March 2001.

There are no significant differences between RSAs and RSUs in terms of activities or powers. Their role is the same: negotiating company-level collective agreements with the employer, and participating in information and consultation procedures. RSUs replace RSAs at collective bargaining level, and are elected by all workers. RSAs/RSUs can be set up in production units with more than 15 employees.

Regulation, composition and competence of the representative bodies