decentralized bargaining
not exceed the end of 2010 and cut it in the event of a decrease in the number of employees
: these are the constraints that all local authorities must meet in
establishment of funds for decentralized bargaining managers and staff .
These constraints apply both to the stable is that variable e si sommano al
tetto al trattamento economico individuale. Il primo obbligo da rispettare è quello di
non superare nel triennio 2011/2013 la consistenza del fondo per le risorse
decentrate del 2010.
La disposizione, contenuta nella prima parte del comma 2-bis dell'articolo 9 del dl n.
78/2010, non modifica le regole per la costituzione del fondo, che rimangono fissate
dai Ccnl, in particolare da quelli dell'1/4/1999 e 22/1/2004 per il personale e da
quello del 23/12/1999 per i dirigenti. L'importante è che dall'applicazione di tali
regole non discendano oneri aggiuntivi: nel caso in cui ciò si realizzasse occorre
intervene to cut the total amount. We must pay particular attention
use of the opportunity to increase funding for the construction of new
services and / or extension, improvement of existing ones, namely Article 15, paragraph 5
, staff and Article 23, paragraph 3, for managers. This possibility
is not prohibited, even indirectly, but may not lead to increases in total
of resources available in the fund. It remains unclear whether the resources
provided by specific laws, relevant, should be increased, since
mostly they are not included in personnel expenses (such as
the incentives for the construction of public works and ICI), or if
are included in the roof. The determination of the fund should follow without increases
cuts in the event of a decrease in the number of employees. This reduction is mandatory
and should be done automatically, ie directly by
leaders and without the need for any form of prior bargaining: the union
entities are entitled to be informed prior to the opening
of bargaining, but they are not reserved any room for action the merits
choices, except in terms of control. The method to be applied is as follows: the government
quantify the number of officers and employees serving in
indefinitely as of Dec. 31, 2010, compliance with which must
also perform on behalf of the staff. The next step is the
predicting the number of deaths and assumptions to be made in
during 2011: in this case you can use the surveys that are
made for the programming needs of staff. In case such balance is negative
be cut consistency of the fund. Obviously before
the end of the forecast should be replaced by the timely detection. It
should be noted that the legislature has no influence on the reasons for terminations
and assumptions: that the outgoing mobility
lead to a reduction in the number of employees and into their increase. Just as it seems
play no role in the variation of the categories and professional profiles. The cut
Fund shall be made, the rule expressly tells us, so
proportional and references to all resources without any regard for the
additional payment in enjoyment by ceased. From this we arrive at the conclusion
to the need for the data on the incidence of the employees
bottom and cut accordingly: for example if the fund is devolved resources
total of 200 000 € and employees are 100, the incidence
average is 2 000 € and for each decrease the cut must have that dimension.
In the first year, the cut must be proportionate to the months of termination, while in
years it must be carried out fully.
Giuseppe Rambaudi
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