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Pension reform in France and Italy faced with strike

editor by editor
February 25, 2020
in EU rules to work
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Why hasn't Italy gone on strike in opposition to successive pension system reforms? The explanations for the impossibility of a vast blocking on the Peninsula.

These months, as we all know, France has been affected by a wave of common strikes which have seen appreciable help from staff in all skilled sectors.

Railway staff, lecturers, public officers and even well being professionals and the police (to call a number of) have just about paralyzed your complete nation to protest the President's deliberate pension reform of the French Republic, Emmanuel Macron.

Particularly, the putting truth was not solely the variety and the variety of skilled sectors concerned in these strikes, but additionally the period of the battle. And certainly, in line with what the day by day stories The world from January 16, the strike had already overwhelmed all information of period since 1968 to the current day (the period of the abstention from work, certainly, went nicely past the strike of 22 days which, in 1995, marked the top of the pension reform desired by the Prime Minister on the time, Alain Juppé).

The pension reform venture, introduced by the French authorities, initially supplied for the introduction of a minimal age threshold, set at 64, to have the ability to entry a full pension plan (i.e. with out penalties), in addition to the creation of a common system of an identical “factors” for staff, whatever the sector (with the identical guidelines for all regarding retirement age, contributions and minimal pension), which might have due to this fact abolished the 42 completely different pension plans, presently in existence.

Italy: Fornero reform and Quota 100

In Italy, a significant pension reform was launched in 2012 (the “Fornero reform”) which, amongst different issues, had the direct consequence of elevating the age for entry to therapy from the provident and retirement, as a common rule, as much as 67 years, for all staff.
The reform has certainly launched, as a needed situation for entry to retirement, the age of the employee, thus eliminating the earlier pension system, which was fairly primarily based on the variety of years truly labored.
It was solely in 2019 that a corrective motion was carried out, due to the introduction of the so-called "Quota 100", which supplied for the likelihood (on an experimental foundation and just for the three-year interval 2019 / 2021) to depart the world of labor earlier, supplied they’ve not less than 38 years of contributions and a minimal age of 62 (though this entails a slight penalty in comparison with the quantity which is acquired in retirement) (see our article from January 2019).

Though the Fornero reform had a really important affect on all staff, in Italy we didn’t witness – neither on the time, nor after – the identical spectacular protest motion recorded in France. The Reformation even handed with no day of strike on the a part of the employees involved.

This completely different response of Italian residents, in comparison with French, could possibly be defined by the truth that the modification of the retirement system was proposed and carried out by a "technical" authorities, chaired by Mario Monti (supported on the time by virtually all of the political forces current within the Italian Parliament, in addition to by the EU) and had been introduced as a painful however inevitable reform, to ensure the sustainability of pension and social safety schemes.

Nonetheless, a vast strike – corresponding to that adopted in France – wouldn’t have been potential in Italy anyway.
Artwork. 40 of the Italian Structure supplies that "The suitable to strike is exercised throughout the framework of the legal guidelines which govern it".
Nonetheless, the one legislation that regulates this space is n. 146/1990 (authorized over 40 years after the entry into power of the Italian Structure), which considerations strikes in important public companies (i.e. these aimed toward guaranteeing the suitable to life, well being, liberty, freedom of motion, help and social safety, schooling and freedom of communication).
In all these sectors, the suitable to strike is due to this fact not absolute, it’s restricted and controlled in line with the necessity to assure sure important rights to residents.

The legislation, due to this fact, with the intention to steadiness the train of the suitable to abstain from work and the enjoyment of the rights of the person (additionally protected by the Italian Structure), establishes a sequence of guidelines to be noticed within the train of the suitable strike motion and particular procedures to make sure respect for the rights of residents.

In abstract, the strike in important public companies:
1. It have to be introduced by the unions with not less than ten days discover, specifying the strategies, deadlines and causes.
2. The businesses or entities which give the companies which the strike may put an finish to, are held, not less than 5 days earlier than the date established for the strike, to tell the customers (ie residents) on the procedures, timetables and strategies of assured important companies (within the case of public transport, for instance, there are “protected time slots” by which the companies should function, even on strike days).
three. Then minimal intervals are then established between one strike and the subsequent (it isn’t potential to arrange one other strike by the identical class of staff till a sure variety of days after the earlier strike).
four. There are nonetheless obligatory union session procedures in an try to keep away from the strike.
5. A particular Assure Fee has been arrange which (along with making certain that strikes and their modalities respect the rules ruled by legislation) can also request that the modalities of sure strikes be modified, within the occasion that she believes that important companies wouldn’t be assured.
6. Lastly, if the Assure Fee judges that the phrases of a strike violate the legislation, it might request (from the Prefect or the President of the Council of Ministers) an order to requisition staff on strike, obliging them to work .
Quite the opposite, strikes in non-essential personal sectors aren’t regulated by any particular legislation.

In conclusion, in Italy, it could have been unimaginable for important public companies to stay compromised for a lot of weeks due to the strikes. Regulation no. 146/1990, which reconciles the varied rights assured by the Structure, makes that the potential inconveniences for the inhabitants are largely attenuated and resized.

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