Renewal agreement relating to the economic part of the CCNL for Managers of Tertiary Companies

News n.11/2023

Subject: Renewal agreement relating to the economic part of the CCNL for Managers of Tertiary, Distribution and Service Companies

On April 12, 2023, the renewal agreement of the CCNL for Managers of Tertiary, Distribution and Service Companies was stipulated.

The social parties that stipulated the agreement are: the General Italian Confederation of Commerce, Tourism, Services, Professions and SMEs – Confcommercio – Enterprises for Italy, and Manageritalia – National Federation of Managers, Executives and Professionals of Commerce, Transport, Tourism, Services, Advanced Tertiary.

This agreement, which regulates the economic aspect of the collective bargaining agreement, should be considered in conjunction with the agreement of June 16, 2021, which regulates the normative aspect, and is effective from January 1, 2022 (except for the specific effective dates provided for individual institutions), and will remain in force until December 31, 2025.

One-Time Payment

By way of back pay, a one-time payment of EUR 2,000.00 gross will be paid in three tranches:

• EUR 700.00 – with the salary for the month of May 2023;

• EUR 700.00 – with the salary for the month of September 2023;

• EUR 600.00 – with the salary for the month of November 2023.

The one-time payment is disbursed to fully cover the period from January 1, 2020, to December 31, 2022, to managers employed as of April 12, 2023, including managers appointed in the time interval from January 1, 2020, to December 31, 2022.

This one-time payment does not apply to managers appointed from January 1, 2023.

For Managers hired or appointed in the period from January 1, 2020, to December 31, 2022, and employed on the date of stipulation of this agreement, the amount will be disbursed pro-rata in relation to the months of seniority of service accrued in the role during the aforementioned period.

This amount is to be considered gross of ordinary contributions due and personal income tax (Irpef), which will be calculated separately; it is not relevant for the purposes of calculating severance pay or any contractual institution. In the event of termination of employment prior to the disbursement of the tranches, the total or remaining amount of the one-time payment will be disbursed with the end-of-employment compensation.

Adjustment of the minimum monthly contractual wage and salary increases

As of April 12, 2023, some articles of the CCNL are amended:

• “Art. 5 – Minimum monthly contractual wage”

• “Art. 6 – Salary increase”

• “Art. 21 – Updating and professional training for Managers, active policies and outplacement (CFMT)”

• “Art. 21-bis – Welfare services for managers and their families (CFMT)”

• “Art. 25 – Supplementary pension (Fondo Mario Negri)”

In summary, the new minimum contractual salaries are specified here:

• effective December 1, 2023, the minimum monthly contractual salary is set at EUR 4,040.00;

• effective July 1, 2024, the minimum contractual wage is set at EUR 4,190.00;

• effective July 1, 2025, the minimum contractual salary is set at EUR 4,340.00.

For managers employed as of November 30, 2023, the increase in the minimum monthly contractual wage will be implemented through the payment of salary increases provided for in:

• EUR 150.00 per month from December 1, 2023;

• EUR 150.00 per month from July 1, 2024;

• EUR 150.00 per month from July 1, 2025.

These increases may be absorbed up to the amount of sums granted by companies as an advance or anticipation of future contractual economic increases granted after December 31, 2019.

Welfare Services

The parties have established an entity called CFMT (Tertiary Management Training Center), managed jointly, which aims to offer companies and their managers opportunities for training and professional development.

The training programs are available to managers free of charge.

• The training days chosen by the company for the professional development of its managers, as well as any travel and accommodation costs, will be borne by the company, and the days themselves will be considered working days.

• The training days chosen by the manager will be borne by the individual user, including any travel costs, and the days will be considered deductible from the individual vacation balance.

From October 1, 2021, the annual CFMT contribution is equal to €290.00 payable by the employer and €130.00 payable by the Manager.

For the years 2024 and 2025 only, the annual contribution will be increased by €50.00, of which €25.00 will be paid by the employer and €25.00 will be paid by the Manager. As a result of this increase, with effect from January 1, 2024, and January 1, 2025, the annual contribution will be €315.00 to be paid by the employer and €155.00 to be paid by the Manager.

On a transitional basis, these contributions will be paid to the "Mario Negri" pension fund, using the criteria, methods, and systems provided for payments of contributions pertaining to the Fund itself.

With effect from July 1, 2021, in the event of termination of the employment relationship, including following a settlement agreement or conciliation, with the exception of termination for just cause, dismissal for disciplinary reasons, voluntary resignation or consensual termination, the employer will pay CFMT a contribution of €2,500.00 for the activation of outplacement procedures or for access to active labor market policies for the relocation of Managers.

In order to optimize and enhance the contractual welfare system, CFMT is assigned support and organizational responsibilities relating to the creation of a Welfare Platform for Tertiary Sector Managers.

To this end, and on an experimental basis, valid only for the period of validity of this agreement, with effect from January 1, 2024, and January 1, 2025, the introduction of a mandatory welfare contribution of €1,000.00 per year has been introduced, which can be spent through the CFMT Welfare Platform within the scope of services and coverage defined by the Parties. The employer may credit additional amounts, by signing a company regulation or agreement, provided that it is of equal measure and in favor of all employed Managers.

The minimum contractual value of the welfare will be paid in addition to any flexible benefits systems recognized by the employer.

The value of €1,000.00 is recognized pro rata in the event of hiring or appointment during the year of reference, both with permanent and fixed-term contracts, while it is not re-proportioned if the manager is employed with a part-time contract.

Supplementary pension (Mario Negri Fund)

A supplementary pension treatment is provided for Managers, supplementing the mandatory disability, old age and survivors' insurance of INPS and/or mandatory substitute funds, managed by the Mario Negri Fund.

As already known, the ordinary contribution is given by the sum of the contribution to be paid by the employer, equal to 12.86% starting from October 1, 2021, and the contribution to be paid by the manager, equal to 1%, calculated on the conventional annual salary of €59,224.54.

The supplementary contribution, as already specified in our previous News Flash, including the contractual membership fee, payable by the employer, is equal, with effect from January 1, 2023, to 2.39% of the aforementioned conventional annual salary, and this contribution is increased to 2.43% with effect from January 1, 2024, and to 2.47% with effect from January 1, 2025.

The ordinary contribution payable by the company, equal to 4.13% of the conventional annual salary, remains unchanged from 2018 in the case of managers hired with concessions. It should be remembered that the Mario Negri Fund separately accepts the Severance Pay (Trattamento di Fine Rapporto) however conferred for the purposes of supplementary pension.

The pension fund for managers of commercial, shipping and transport companies “Mario Negri” is governed by a specific statute and regulation agreed between the parties who stipulated the agreement which is the subject of this News.

Reference: Renewal agreement of April 12, 2023

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News n_11 Agreement for the economic renewal of the CCNL Executives of the Tertiary Sector.pdf

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