Una minimum wage law it constitutes an opportunity to define new rules for the industrial relations system.
The primary purpose is to identify the minimum conditions in favor of the worker so that he can "ensure himself and his family a free and dignified existence" as provided for by article 36 of the Constitution of the Italian Republic. It is necessary to identify the "non-negotiable" wage conditions in the minimum wage and therefore automatically punishable in case of non-compliance (e.g. situations of exploitation on activities managed by organizations or employers)
It is important to establish the amount of the minimum wage that must leave room for bargaining category, corporate and individual. In this regard, an indicator can be that of the ceiling recognized for the redundancy fund in question between 993,21 and 1.193,75 to be divided by the conventional 173 monthly hours on average paid equal to 5,74 or 6,9 euros per hour.
Any higher figure would question the values paid for the redundancy fund which should represent the correct fulfillment of the constitutional norm, opening a dispute that is difficult to settle.
A further element of clarity is constituted by the fact that is paid regardless of the performance, for all statutory provisions: Holidays, Holidays, Illness, Injury leaving ample room for the methods of disbursement of the wage defined by the contract and reducing the dispute on the disbursement of the various contractually defined institutions.
In summary, the minimum wage is always paid while the contractual wage is paid according to what is defined by the contract, removing any imaginative application from the judge.
In particular, company bargaining can introduce elements of certain recognition of productivity, the realization of which justifies the higher costs and therefore more satisfactory wage levels. In this case, the law on the minimum wage can greatly expand the scope for negotiation, but we must insist on the representation of the subjects who stipulate the agreements and, as a result, the need for a law on representation that goes beyond the never fully applied inter-confederation agreements.
Given the difficulty of measuring representation at national level (e.g. it would be easy to consider union deductions in INPS declarations never used up to now) it is necessary establish by law a system of employee representation in the company, which allows the majority of elected representatives to decide which national or company contract to apply, a contract that will have "erga omnes" validity.
The additional remuneration as defined by the national and/or corporate contacts will be disbursed in the manner defined by the contacts themselves, favoring the agreed aspects: professionalism, performance, results, productivity and will legitimize the social partners to ask the government for a substantial expansion of the tax-free remuneration and decontribution, today limited to 3.000 euros per year.
A minimum wage rule must also recognize individual bargaining deriving mainly from the competitiveness of the labor market.
It becomes necessary change the current model of industrial relations which has not made it possible to achieve the levels of productivity of the Italian system necessary to face international competitiveness, the correct valorisation of the workers' performance and therefore the recognition of adequate remuneration.
