New act entitles workers engaged in difficult work to early retirement

In March 2008, the outgoing centre-left government passed a decree concerning workers who are engaged in hard physical and psychological work. The decree encompasses the provisions foreseen in the Welfare Protocol of July 2007 and allows three new categories of workers to retire three years earlier than the original time stipulated. The decree has received a mixed response and, in particular, reservations have been expressed about the provisions for night workers.

Background

According to Decree No. 374 of 1993, demanding work refers to jobs which require an intense psycho-physical effort for long periods of time over a worklife cycle. The factors used to establish whether a job is demanding or not include a reduction in life expectancy, high frequency of occupational injuries and exposure to dangerous agents. In line with Decree No. 208 of 19 May 1999, the retirement age of workers involved in these types of jobs should be reduced; the decree indicates the types of jobs in which workers are entitled to early retirement.

The Welfare Protocol, signed by the social partners and government on 23 July 2007 and transposed into legislation through Law 247 of 2007 (IT0710029I, IT0712029I), stipulated that another three new categories of work were to be included in the list contained in the previous decree. On 19 March 2008, the outgoing centre-left coalition government brought into effect the provisions of the protocol, issuing a legislative decree which will have to be approved within 60 days by the Working Commission of the Chamber of Deputies and the Senate of the Republic. The commissions nominated by the new centre-right parliament under Prime Minister Silvio Berlusconi, which was elected on 13 and 14 April, will examine the measures.

Provisions of decree

The decree, which is due to come into force from 1 July 2009, foresees an investment of €2.5 billion over 10 years and concerns about 5,000 workers a year. These workers will have the right to retire three years earlier than other categories of workers. The groups of workers to which these rights apply are as follows:

• workers already listed in the 1999 decree – namely, those involved in work in tunnels, caves or mines, work inside compressed air chambers, work carried out by divers, work at high temperatures, work in hollow glass processing, work carried out in confined spaces, and work involving the removal of asbestos;

• night workers who work both shifts and night work all year round;

• workers involved in production line work;

• drivers of public transport vehicles carrying more than nine passengers.

Regarding night workers, the right to early retirement is to be reduced, depending on the number of nights worked during the year. People working between 64 and 71 nights a year will be entitled to retire one year earlier than the statutory retirement age, while those working between 72 and 77 nights a year will have the right to retire two years earlier; people working more than 77 nights a year will be able to retire three years before the standard retirement age.

Reactions of social partners

The decree was approved by the outgoing centre-left coalition government, with the exception of the ministers of the so-called Rainbow Left (Sinistra Arcobaleno, SA), a left-wing federation of political parties officially launched in December 2007, who had already disapproved of the protocol of 23 July 2007. Their strongest criticism concerned the types of jobs which are defined as demanding, which they considered insufficient. The then Minister of Social Solidarity, Paolo Ferrero, justified his rejection of the decree by arguing that ‘few will benefit. The decree excludes many night workers that work on three different shifts’. However, the outgoing Minister of Labour, Cesare Damiano, insisted that he was ‘very satisfied with the decree and that it was the product of tenacious and endless work’.

The Federal Secretary of the General Confederation of Italian Workers (Confederazione Generale Italiana del Lavoro, Cgil), Morena Piccinini, believes that the decree is an ‘an important act’ because ‘it is the result of a commitment with the social partners’. However, Ms Piccinini added that, in relation to night work, she hoped ‘in the future, it will be possible to make some changes’.

While the Italian Confederation of Workers’ Unions (Confederazione Italiana Sindacati dei Lavoratori, Cisl) welcomed the decree, it also expressed reservations about the issue of night work, partly ‘because it was decided without the trade unions’. Cisl, like Cgil, is also hopeful that additional measures will be introduced in the future which will include more categories of workers.

Commentary

The former centre-left government under Romano Prodi, albeit somewhat late and without having reached an agreement with the trade unions, had been initiating procedures to put the protocol of 23 July 2007 into practice. In particular, the question regarding types of demanding work and retirement ages has been the source of considerable discussion. Particular attention has also been paid to shift workers operating in large production plants, such as those in the car manufacturing industry or in the production of electrical appliances. Nonetheless, the former government’s provisions for night workers do not seem to be very realistic. Therefore, the trade unions are requesting that the new government will intervene to improve the decree, arguing that the present decree appears to be ambiguous and will also cause problems from a legal perspective.

Vilma Rinolfi and Domenico Paparella, Cesos