Legislative Decree 81/2015, i.e. the Jobs Act, provides that the following applies to the temporary worker trade union rights provided for by the Workers' Statute and which he has the right to exercise at the user company, for the entire duration of the mission, rights of freedom of association as well as to participate in the meetings of the employees of the user companies.
Furthermore, over the course of these years, the question has arisen as to whether the National Collective Labor Agreement of the temporary agency or that of the company in which the temporary worker works applies in relation to the exercise of these rights.
The clarification from the Ministry of Labor
In this regard, in response to a union request, the Ministry of Labor provides now a wait clarification.
The Ministry recalls first of all that the administration ratio involves three subjects (supply agency, temporary worker and user company) linked by two distinct contractual relationships: the commercial contract, concluded between the user and the supplier, and the individual employment contract stipulated between the supply agency and the worker .
The worker's employer is therefore formally the supply agency even if the work performance - during the period of the mission - is carried out in the interest of the user, under the control and direction of the same.
Distribution of powers and obligations
The contractual structure of the supply of work therefore involves a particular nature distribution of powers and obligations connected to the performance of the employment relationship, in consideration of the split between the legal ownership of the relationship and the actual use of the service.
Therefore, in general, the CCNL that regulates the employment relationship is the one applied by the hiring agency, as the employer. However, it is necessary that, for the period of the mission, the regulations actually applicable to the worker are integrated by the provisions of the CCNL applied by the user.
This is to ensure effectiveness of the principle of equality regarding the working and employment conditions of temporary workers, which must not be overall lower than those applied to employees of the same level as the user, as provided for by art. 35 of the aforementioned Jobs Act.
The art. 36 of the Jobs Act
The same conclusions must also be reached for trade union rights, as recalled byart. 36 of the same Jobs Act.
Also in this case, therefore, reference must be made, in the first instance, to the CCNL applied by the supply agency, as employer, also allowing the worker, during the mission, to exercise within the working context, where it is actually inserted, all the trade union rights recognized to the same by the law and by the CCNL applied by the user company, in order to guarantee the concrete effectiveness of these rights while carrying out work at the user company.
