Il minimum salary has once again returned to the center of the national political scene thanks to the interventions of politicians and trade unionists at the CGIL Congress in Rimini. The first to speak was the Premier, Giorgia Meloni, which in the course of his speech to the audience he has reaffirmed its opposition to the instrument, affirming that “It is not the right path, it would favor the usual ones”, reiterating that “The setting by law of a minimum wage risks not becoming an additional protection but a substitute one. We would end up doing another favor to economic concentrations“.
On the other hand, the new secretary of the Democratic Party is of a diametrically opposite opinion Elly Schlein, who asked the other oppositions to find a common proposal on the minimum wage: "We will fight for a minimum wage because below a certain threshold we really can't talk about work because it is exploitation," he said.
According to the general secretary of the CGIL, Maurizio Landini, on the other hand, with the minimum wage "pirate contracts are fought and through negotiation not only the wage is guaranteed but also all the rights and protections provided for by the legislation".
We publish below a reflection of the Anna Kuliscioff Foundation signed by the professor Walter Galbusera which explains the potential, but also the limits of the minimum wage and the possible effects of its introduction in Italy.
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The Italian political world often transforms simple issues into inextricable tangles from which it is difficult to get out. This could happen in the case of the minimum salary, which seems to have become a sort of philosopher's Stone. The European Union, in order to protect the weakest workers, has asked the States in which the contractual coverage is low to adopt a minimum wage. Strictly speaking, this is not the case in Italy where the collective bargaining comes to guarantee 92% of workers. But neither would it be forbidden to adopt it in our country if it is true that there is also in Germany an economic colossus with very strong unions and respectable salaries.
The misconception about the minimum wage: what is its real function?
The problem arises because it actually exists a misunderstanding as to what the real function is of a minimum wage which should rationally constitute the guarantee that the professionally weaker groups of workers, particularly in marginal sectors, are paid with an hourly wage which, at least by convention, is considered fair. But who decides that?
In countries where the union is strong and sufficiently representative, as in our country, it is up to the negotiation to fix the contractual minimums. But it is also true that a part, albeit marginal, escapes any negotiation or in some cases collective agreements stipulated by the parties provide for very low wages. In such circumstances also the judiciary can somehow intervene. In a recent ruling by the Milan Court of Appeal, a collective contract for surveillance was "disapplied" because it provided for a salary "considered below the poverty line" by replacing it with a contract for a sector considered similar, such as that of the janitor.
The function of the minimum wage is therefore to prevent that the hourly wage does not fall below a certain level. The ambiguity in our country stems from the fact that behind the idea of establishing a minimum wage, the objective of raise at least a significant portion of wages. The aim is certainly noble and, incidentally, it can be used in any electoral campaign. Of course, there will be tough competition between the various parties that will take little account of the averages and even less of the differences between the purchasing power of the different areas of the country, aiming for a relaunch of the value of the "minimum" to appear closer to workers/voters.
The risks of the introduction of the minimum wage
But this, in addition to increase undeclared work, in particular in the south, it would favor a sort of de-responsibility of the union, very harmful for a collective entity that makes bargaining its main raison d'etre. Especially if accompanied by the temptation to speed up a process of gradual nationalization of wages pursued by the growing requests for non-selective taxation of social security contributions. Not to mention that an excessive transfer of Parliament's intervention on contractual matters would expose the country to the risk of expropriation of the role of all the social partners. On the other hand, if Parliament, for whatever reason, deems it necessary to increase wages, it can act by reducing the tax burden.
Setting a minimum wage is possible but through logical and respectful steps of a system, such as that of collective, national and company bargaining, which is a backbone of social relations and of the economic system.
The minimum wages should be those provided by all contracts, national, territorial and corporate to which the combined provision of article 36 of the Constitution seems to refer (The worker has the right to a remuneration proportionate to the quantity and quality of his work and in any case sufficient to ensure for himself and his family a free and dignified existence. The maximum duration of the working day is established by law.) and the following article 39 (Registered trade unions have legal personality. They can, represented jointly in proportion to their members, enter into collective labor agreements with mandatory effect for all members of the categories to which the contract refers.) which establishes the rules for giving general effect to contracts (erga omnes) in relation to the interested parties.
The possible solution on the minimum wage
It's so hard to find a solution, maybe in headquarters of CNEL, starting from the real representativeness of the signatories (regularly registered members, certified number of delegates elected in the basic structures in the workplace, number of members of business associations) and perhaps by making some necessary update to the same article 39? If the issue seems complicated today for the national contract, it is very simple for defined company contracts, such as that of Stellantis (formerly Fiat), special collective labor contracts which are often approved or rejected through a referendum in the factories and offices . Certainly someone could invoke the unitary union of all workers, but unfortunately it is not realistic and not only due to the dutiful respect for trade union freedom and pluralism.
On the other hand, it is possible and necessary to agree on the unity of shared rules to ascertain the degree of representation of the individual signatory organizations, without forgetting one of the now established practices, also thanks to Italian trade unionism, of having all interested workers, registered and non-registered, vote . It would not hurt then to take into consideration the overall rules governing industrial relations in other European countries, starting with Germany which can not only be feared as an economic giant.
A minimum wage should also be established as a guarantee instrument where there is no contract or where a "convenient" contract has actually been created. But using the minimum wage for improper purposes can satisfy political and electoral interests does not serve the union or the country.
