- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
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Art. 211. [purpose of social dialogue]
With a view to ensuring a climate of stability and social peace, the law shall regulate the methods of consultation and permanent dialogue between the social partners.
Art. 212. [economic and social council]
The Economic and Social Council shall be a national interest, tripartite, autonomous public institution established for the accomplishment of the social dialogue at national level.
Art. 213. [social dialogue committees ]
Committees of social dialogue, with a consultative character, shall be established within ministries and prefectures, under the terms of the law, involving the public administration, the trade unions and employers’ organizations.
Art. 214. [legal definition and reference to special law]
(1) Trade unions shall be independent non-profit legal persons, established to defend and promote the collective and individual rights, and the professional, economic, social, cultural and sporting interests of their members. (2) The conditions and the procedure by which the trade unions acquire legal personality shall be regulated by a special law. (3) The trade unions shall have the right to regulate their organization, association and management through their own statutes, provided that the statutes are adopted through a democratic procedure, under the terms of the law.
Art. 215. [competence]
The trade unions shall participate with their own representatives, under the terms of the law, to the negotiation and conclusion of collective labour agreements, to negotiations or agreements with the public authorities and employers’ organizations, and to the structures specific to the social dialogue.
Art. 216. [freedom of association]
The trade unions may freely associate, under the terms of the law, in federations, confederations or territorial alliances.
Art. 217. [right to unionization]
The exercise of the employee right to unionisation shall be recognized at the level of all employers, in compliance with the rights and liberties guaranteed in the Constitution and according to the provisions of this Code and special laws.
Art. 218. [prohibition of restrictions on the right to unionization]
(1) Any intervention of the public authorities, likely to abridge the right to unionisation or hinder its legal exercise, shall be prohibited. (2) Any encroachment of the employers or employers’ organizations, directly or through their representatives or members, on the establishment of the trade unions or exercise of their rights, shall also be prohibited.
Art. 219. [representation of employees in conflicts of rights]
At the request of their members, the trade unions may represent them in conflicts of rights.
Art. 220. [protection of trade union leaders]
(1) The representatives elected in the management bodies of the trade unions shall be provided legal protection against any form of pressure, constraint or restraint in the exercise of their functions. (2) During their term of office and two years after its end, the representatives elected in the management bodies of the trade unions may not be dismissed for reasons not related to the person of the employee, for professional unfitness or reasons related to the fulfilment of the mandate received from the employees in the organization. (3) Other measures to protect those elected in the management bodies of the trade unions shall be provided in special laws and in the applicable collective labour agreement.
Art. 221. [appointment]
(1) In the case of employers with more than 20 employees, none of them belonging to a trade union, the employees’ interests may be promoted and defended by their representatives, elected and mandated for this particular purpose. (2) The representatives of the employees shall be chosen in the general assembly of the employees, with the vote of at least half of the total number of employees. (3) The representatives of the employees may not carry on activities recognized by law as belonging exclusively to trade unions. |
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