WRITTEN QUESTION E-0652/02

by Antonio Di Pietro (ELDR) to the Commission

(11 March 2002)

Subject: Violation of rights at the Banca Carime

Over the last week, the Italian regions of Calabria, Basilicata and Apulia have witnessed various forms of industrial action on the part of employees of the Banca Carime (now 75 % owned by Comindustria), which is currently undergoing a severe crisis whose outcome remains unpredictable and which is likely to have severe repercussions in employment terms.

In these dramatic circumstances, the trade unions represented among the banks' employees, FABI, FALCRI, FIBA/CISL, FISAC/CGIL and UILCA/UIL, which account all told for over 80 % of staff, have made a public complaint to the management of Carime in which they state that the bank is in breach of Article 14(2), (3) and (7) of the National Collective Labour Contract of 11 July 1999 and of Article 2 of Decree-Law No 18 of 2 February 2001 incorporating the Community legislation on mandatory consultation of trade unions, on the grounds that, more than nine months after the present management began operations, the bank is still dragging its feet and has not presented an enterprise plan setting out the real objectives and strategies which the new owners intend to pursue, thus leaving the workforce completely in the dark.

The bank is additionally in breach of the law and of the National Collective Labour Contract for the relevant professional category on the following grounds:

- it has refused to recognise the employees' right to receive a bonus for the year 2000, despite the profits obtained by Carime and the fact that all budgetary indicators point to an improvement over the previous year (see Article 40 of the National Collective Labour Contract of 11 July 1999), and it has suspended payment of the standby allowance to the employees to whom it applies (Article 32 of the above-mentioned labour contract);

- it has failed to respect the agreed work timetable, in what is a clear breach of the contractual rules (Articles 88, 89 and 91) and of the legislation on the length and organisation of the working day;

- it has practised intimidation against employees on sick leave, and has even dismissed such persons actions which are even more to be condemned given that they affect individuals who, in their state of ill-health, are more emotionally and physically vulnerable; furthermore, it has threatened union representatives with disciplinary action.

Given these disturbing circumstances, which have been condemned in public by the President of the Italian Banking Association, does the Commission consider that there has been a breach of the Community directives on the consultation and information of workers? If so, what action can the Commission take to ensure that Community law is respected in future?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 April 2002)

The situation described by the Honourable Member would appear to be a matter for the Italian national authorities only.

The national provisions to which he refers are intended in particular for the transposition of Directive 98/50/EC (transfers of undertakings)(1) into Italian law. This Directive does not apply to situations such as the one described in the question where a company's shareholder structure is changed.

In the absence of any link with Community law, the Commission is not entitled to intervene in any way, certainly not under Article 226 of the EC Treaty. It is up to the national authorities to assess the situation in the light of the applicable national regulations.

(1) Council Directive 98/50/EC of 29 June 1998 amending Directive 77/187/EEC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses, OJ L 201, 17.7.1998. The two directives were consolidated by Council Directive 2001/23/EC of 12 March 2001, OJ L 82, 22.3.2001.