In view of themeeting between the Prime Minister Giorgia Meloni and opposition proposals for mediation are made minimum salary which assume the character of botched solutions intended to complicate the matter under discussion. The proposal of the opposition (with the exception of Italia Viva) on the determination of the legal minimum wage at 9 euros starting from 15 November 2024 (with the exclusion of domestic work) continues to be presented, even in explicit terms, as a solution to work poor. For this reason, the use of public funds to be allocated to wage increases is concretely proposed. But, if this is a serious error, which has been discussed extensively, another serious negative effect seems to have been overlooked, such as the intention to redefine the system of trade union representation and representativeness without going through thearticle 39 of the Constitution. The limits of the latter are known, essentially caused by the formulation of the fourth and last paragraph which establishes that the trade unions, "represented as a unit in proportion to their members, can enter into employment contracts with mandatory effect for all those belonging to the categories to which the contract refers”.
The crux of Article 39 of the Constitution
The reference to the categories is the consequence of the rigidly corporate model that the constituents used, not being however in a position to predict the evolution over time of industrial relations which see the coexistence of national or corporate collective agreements such as Stellantis. Today the perimeter within which i collective agreements is the one established by the parties, just as the reference only to members is simplistic when compared with the now consolidated choice of all trade union organizations to involve members and non-members in the most important decisions. For these reasons, the last paragraph of "39" is today incompatible with the first which states: "trade union organization is free". But nothing is irremediable, so much so that the Constitution has been subject to "ordinary maintenance" ten times in the history of the Republic.
In fact, one constitutional change with therepeal of the fourth paragraph of article 39 and the reference to an ordinary law agreed with the social partners would guarantee for each contract respect for trade union representativeness and democracy on the basis of which collective agreements (whether national or company) are approved by the majority of workers or by freely elected trade union representatives, thus assuming an erga omnes character. Whatever formula is adopted that does not pass through the vote of the workers or their legitimate representatives would weaken democracy not only in the union but also in the country. After all, the same confederations CGIL, Cisl e Uil they would have very little to fear from the vote of the workers and from a verification of the members themselves solicited and carried out by the INPS but not yet made public. This survey would attribute, as indeed was easily foreseeable, to the "historic" trade unions a large majority in the private sectors compared to all other confederations. On the contrary, the confirmation of the vote of workers or their representatives as a rule of law, as is the case for public employment contracts, would strengthen the very positive image of the union as a model of effective democracy in public opinion.
The details of how to achieve this are decided by the social partners
At the same time it arouses perplexity the uncertainty of the government majority which seems to slip into the impasse of the complicated and always questionable determination of the minimum wage by direct decision of the Parliament rather than entrusting the social partners with the power and responsibility to determine it, recognizing to them the role of governing wage policies. On the other hand, even if to avoid a return to undeclared work in some areas of the country, one wanted to correctly apply the definition of minimum gross hourly wage on the basis of European rules (maximum 60% of the value of the median salary) the resulting figure would be between 7 and 8 euros. These are realistic numbers but not acceptable by those who have made the minimum wage an instrument of political propaganda.
The matter is difficult and the current government majority has never been very familiar with these issues but it would be a act of courage if, for the purposes of determining the debate on the minimum gross hourly wage, it decides to address the crux of article 39 of the Constitution, entrusting the social partners with the role of proposing a solution to be shared.
