SUPPLEMENTARY AGREEMENT GOVERNING THE USE OF THE SINGLE ADMINISTRATION FUND FOR THE YEAR 2009

The State Attorney's Office and the trade unions CGIL-FP, CISL-FPS, UIL-PA, CONFSAL-UNSA, RDB-PI, FLP,

Considering that negotiations are underway for the renewal of the Supplementary Administration Agreement, within which - among other things - the contractual institutions financed with recourse to the Single Administration Fund, in application of the CCNL 14 September 2007, will have to be regulated; with this Agreement provide as follows

Art. 1

Resources of the Single Administrative Fund

1. For the financing of all the institutes linked to the improvement of the efficiency and effectiveness of the administrative action, the Single Administrative Fund has been set up, fed for the year 2009 by the resources referred to in Chapter n. 4443 of the State Budget, for a gross amount of € 1,404,440.48 ("Certain amounts"), as well as from the economic resources deriving from savings made in 2008, for a gross amount of € 430,954.00 ("Variable portion") , for a gross total of € 1,835,394.48 =
2. The gross amount of the variable portion of € 430,954.00 = was determined by the IGOP pursuant to art. l paragraph 189 of law no. 266/2005, as amended by art. 67, paragraph 5, of Legislative Decree no. f 12/08, converted into 1. n. 133/08. This amount will be assigned with the 2009 budget adjustment law.
3. The amount of € 148,569.15, deriving from part-time savings, is to be allocated to incentives for mobility, pursuant to art. 73, 2nd paragraph, lett. b), of Legislative Decree no. 112/08, conv. in Law 133/08, which modified art. 1, paragraph 59, of the Law of 23.12.1996, n. 662. '
4. All sums that should be assigned to the Single Administration Fund for employee productivity, as a result of supervening administrative measures, special laws, legislative and contractual provisions, will be attributed to letter e) of the following art. 2, up to the maximum amount of 80% of the productivity quotas referred to in point l), and subject to the bargaining of jobs, referred to in point 2), of 20%.

Art. 2

Rules for the use of the Single Administration Fund for the year 2009

1. For the year 2009, the usable portion of the Single Administration Fund, pursuant to art. 1, paragraph 1, equal to a total of € 1,835,394.48, is intended for:
   • a) For the amount of € 73,336.70 gross to the payment for the year 2009 of the indemnities provided for the organizational positions, pursuant to art. 24 of the CI 10.10.2000;
   • b) For the amount of € 12,911.02 gross to the payment for the year 2009 of the work allowance to blind switchboard operators (Article 9, paragraph 1, of Law no. 113 of 29 March 1985);
   • c) For the amount of € 148,569.15, deriving from part-time savings, to the incentive of mobility, pursuant to art. 73, paragraph 2, bed b), of Legislative Decree no. 112/08, conv. in Law 133/08, which modified art. 1, paragraph 59, of the Law of 23.12.1996, n. 662, according to the criteria to be established with the new supplementary collective agreement or with a separate agreement - failure to use this amount for this purpose constitutes budget savings;
   • d) For the amount of € 1,102,787.78. = gross equal to 78.52% of certain resources to finance economic developments within the areas starting from 1 January 2009, according to a program to be established with the new supplementary collective agreement or with separate agreement. If, in the course of 2009, the procedures for the attribution of economic developments within the areas are not carried out, or if an amount lower than the amount allocated is used for this purpose, the residual sum will go to increase the amount. referred to in the following letter e), intended for productivity, up to the maximum amount of 80% of the productivity quotas referred to in point l), and subject to the bargaining of jobs, as per point 2);
   • e) Without prejudice to the provisions of art. 1, 4th paragraph, and in the previous letter d), for the amount of € 497,789.83 gross of productivity, as specified below: l) € 298,673.90 are intended to encourage productivity and the improvement of services, on on the basis of the criteria referred to in letter A) of the following art. 4;
2. € 199,115.93 are reserved for the bargaining of workplaces, for the purposes of local payment of the remuneration provided for in letter B) for shifts and incentive systems at local offices, as per article 4 below.

Art. 3

Allocation of the Fund between the State Attorney's Offices.

The distribution of the resources referred to in letter e), for the purpose of identifying the headquarters fund, is made in proportion to the staffing of each Attorney (referred to in the DPCM November 14, 2005).

Art. 4

Productivity incentive criteria and workplace bargaining.

The Headquarters Fund, attributed to each Attorney's Office according to the distribution schedule referred to in attachment 1, is allocated as follows:

• A) Remuneration intended to boost productivity and improve services, (up to a maximum of 80% of resources)
  The institutional activity of the State Attorney's Office, being linked to the mandatory compliance with peremptory procedural deadlines, is necessarily characterized by an inalienable need for promptness and promptness, if not immediacy, of the related obligations, and - contrary to what happens in the sectors of active administration - it escapes any sort of planning, being subject to the course of litigation, which can be influenced by the most disparate factors.
  
  Having said this, considering that compliance with the procedural and procedural deadlines for the significant institutional workload already determines in itself a sufficient quality of the performance standards, which are in any case subject to constant monitoring for the year 2009, pending the definition , as part of the supplementary collective agreement, of the individual contribution evaluation system pursuant to art. 22 of the CCNL 14/9/2007, as well as the identification of criteria for measuring the improvement of collective and individual performance, it is believed that the need to link the payment of productivity compensation to the achievement of objectives can be satisfied through the '' application, as a detection factor, of the presence in service, without demerit resulting from a disciplinary sanction imposed in 2009, connected to infringements that led to the employee's demerit on aspects affecting productivity.
  
  Therefore, the productivity compensation referred to in this chapter will be paid to employees who have not been subjected to disciplinary sanctions during the year 2009, as specified above, in relation to belonging to the various functional areas according to the following coefficients, based on the presences only, calculated according to the criteria set out in the following art. 5, paragraph 3:
  • area C - 1.93
  • area B -1.65
  • area Al, 50
    
    In the event that disciplinary sanctions are imposed after the payment of productivity quotas, a recovery from the 2010 Fund quotas will be applied to the personnel concerned, corresponding to the compensation unduly received in 2009.
• B) Remuneration reserved for job bargaining (not less than 20% of resources), in order to compensate:
  
  • 1) SHIFTS OF SERVICE
    In the event that working hours divided into shifts are adopted, pursuant to art. 16 of the Supplementary Contract 10/10/2000, for each afternoon shift, provided that the shifts are previously scheduled and that the number of afternoon shifts that can be carried out in a month by each employee does not exceed 15, except for offices or services that at the date of entry into force of this agreement were organized in shifts exceeding the aforementioned limit of fifteen, an indemnity of € 13.00 = is due. In the event of holiday or night shifts, an indemnity of € 16.95 = will compete; in the event of night shifts-holidays, an indemnity of € 25.82 = will compete.
    
  • 2) OTHER LOCAL INCENTIVE SYSTEMS such as:
    • remuneration of personnel who have contributed to the realization of particular projects or to the achievement of specific objectives, on the basis of adequate planning;
    • payment of fees for the exercise of particular tasks, specified in attachment 2;
    • other forms of incentives, possibly identified in local bargaining, aimed at compensating for the exercise of tasks that involve situations connected to particular operating or environmental conditions of the local office.

Art. 5

Criteria for the payment of remuneration

Local supplementary bargaining establishes the most appropriate form of staff incentives by applying the various ancillary remuneration systems in a combined form.

The remuneration for the exercise of particular tasks (Annex 2) can be remunerated only in the cases previously identified by the local supplementary bargaining, and therefore constitute a possible and unstable form of ancillary salary.

Pursuant to paragraph 5 of art. 71, of Legislative Decree 25 June 2008, n. 112, converted into Law 6 August 2008, n. 133, absences from service, including those due to illness, are not equated to presence in service for the purpose of distributing the sums of funds for supplementary bargaining, with the exception of:

• Maternity leave, including early work ban, and paternity leave (compulsory leave);
• Absences due to the use of bereavement permits;
• Absences due to the use of permits for summons to testify and for the performance of the functions of popular judge;
• Absences provided for by art. 4, paragraph l, of the law of 8 March 2000, n. 53 (three days a year in the event of the death or serious illness of a relative);
• Absences, only for severely handicapped employees, due to the use of the permits pursuant to art. 33, paragraph 6, of the law of 5 February 1992, n. 104 (three monthly days).

Any changes to the aforementioned rule will be applied by the Administration without the need for modification of this agreement.

Pending the definition of the evaluation system pursuant to art. 22 of the CCNL 14/9/2007, to personnel who in 2009 were the recipient of a disciplinary sanction, as specified in art. 4, lett. A), no productivity compensation will be paid by the Single Administration Fund.

The amounts indicated in the Annex 3 Table are monthly.

In the event of a part-time employment relationship, the remuneration will be proportionate to the duration of the work performance, unless the minimum requisites required for the payment of the remuneration are reached.

In favor of the same recipient who does not receive the full remuneration for specific management responsibilities, the accumulation of multiple remunerations is allowed, where the necessary temporal and functional conditions are met, not exceeding the overall limit of 26 / 26mi of the monthly working days.

The remuneration for shifts can also be accumulated beyond this limit.

The remuneration for particular management responsibilities is not compatible with the organizational position allowance.

The organizational position allowance awarded for staff and / or study, research, inspection, surveillance and control activities is not compatible with any other remuneration paid for carrying out the same activities.

Rome, 10th July 2009

p. THE LAWYER OF THE STATE
THE SECRETARY GENERAL

FOR OO.SS.
CGIL-FP
CISL-FPS
UIL-PA
FLP
CONFSAL-UNSA
RDB-PI

Attachment n. 2

Remuneration for the exercise of particular tasks

• SPECIFIC MANAGEMENT RESPONSIBILITIES
  To employees belonging to the Third area, who are not recipients of organizational positions, in charge of the management functions of the administrative services referred to in art. 12 of Presidential Decree no. 333/1995, with tasks of coordinating the activity of other employees, and verifying the results of the activity itself, or called upon to provide for the replacement for periods of at least 60 continuous days of the Heads of the Offices referred to in art. 12 of Presidential Decree no. 333/1995, the gross daily remuneration indicated in the attached Table A can be paid.
  
• MECHANOGRAPHIC AND ELECTRONIC SERVICES
  The staff formally assigned to the X CED Office and actually applied to the related equipment can be paid the gross daily fee indicated in the attached Table A.
  
• FEE FOR USE OF COMPUTER EQUIPMENT
  To employees applied on a continuous and prevalent basis to data entry tasks in the context of highly automated work processes, as well as to employees who use word processing systems in a systematic or habitual way, for twenty hours a week, after deducting the interruptions provided for by current legislation, according to the procedures indicated in title VI of Legislative Decree no. 626/1994 and subsequent amendments and additions, the gross daily remuneration indicated in the attached Table A can be paid.
  
• CASH SERVICES
  To personnel who, by virtue of law or formal provision, are continuously assigned to cash services involving the handling of money or valuables in the forms accepted for payment, with an average annual movement of money not less than 1.2 billion, considered both payments and collections within the limits in which the aforementioned operations are carried out through the material and effective movement of money, the gross daily remuneration indicated in the attached Table A can be paid.
  
• PUBLIC RELATIONS SERVICE - COUNTER SERVICE
  To the staff assigned to the Public Relations Offices, as per art. 4 of Presidential Decree no. 333/1995, the gross daily remuneration indicated in the attached Table A can be paid.
  
  The aforementioned remuneration can also be paid to staff assigned to counter services involving a direct relationship with the public and involving the receipt or issue of deeds or documents.
  
  In this case the conditions that must necessarily occur simultaneously and not alternatively are the following: a) minimum duration of the service of three hours; b) free accessibility and recognition of the place by the public understood in an indefinite sense, that is, in the absence of pre-selection by convening on a fixed date; c) incomprehensibility, therefore, of the hypotheses of receiving users already called with an invitation, including verbal; d) receipt or release of documents, as the delivery of forms or verbal information is not sufficient in this regard.
  
• EXTERNAL PERFORMANCE
  For the duties provided for by art. 12, paragraph 10, bed g) of Presidential Decree no. 333/1995 for carrying out the external activity and the agenda, the gross daily remuneration indicated in the attached Table A may be paid.
  
  The remuneration in question can be paid to the personnel assigned to other services, however rendered outside the enforcement office, up to a maximum of 13/26 of the monthly working days.
  
  The onset of the right to travel or mission allowance precludes the possibility of paying the increase.
  
• SPECIAL MANAGEMENT RESPONSIBILITIES
  Employees on a continuous basis in the handling and transport of valuables, including by post, which do not entail the right to payment of the cash allowance described above, may be paid the gross daily remuneration indicated in the attached Table A.
  
• ACTIVITIES INVOLVING PARTICULAR RISKS AND DISEASES
  For activities involving particular risks and inconveniences not otherwise remunerated such as the permanent performance of auxiliary activities of anteroom, switchboard service, driving of vehicles, use of photo-reproduction equipment and remote transmission of documents, the daily fee may be paid. gross indicated in the attached Table A.
  

Minutes of signing at 00.88. CGIL-FP and CONFSA / UNSA

On 10 July 2009, at 10.00, at the State Attorney General, in the presence of the Secretary General Avv. Ruggero Di Martino, Messrs. Claudio Coltorti and Domenica Torre, union leaders accredited to the ownership of union prerogatives for account of the CGIL-FP and CONFSAL / UNSA respectively, having read the Supplementary Agreement governing the use of the Single Administrative Fund for the year 2009, signed on 10 July 2009, sign the same agreement representing the above 00.SS ..

Rome, 10 July 2009

For the public delegation
The Secretary General

For the CGIL-FP
For Confsal / Unsa

INTEGRATION, CONSEQUENTIAL TO DLN 78/2009, OF THE AGREEMENT CONCERNING THE USE OF THE SINGLE ADMINISTRATION FUND FOR THE YEAR 2009 SIGNED ON 1/07/2009

The State Advocacy and 00.88. CGIL-FP, CISL-FPS, UIL-PA, CONFSAL-UNSA, RDB-PI, FLP,

Given the Supplementary Agreement governing the use of the Single Administration Fund for the year 2009, signed on July 2009 by CI8L-FPS, UIL-PA, RDB-PI, FLP, and on July 10, 2009 by CGIL-FP and CONFSAL-UNSA;

Seen in particular the art. 5, paragraph 3, of the Agreement, which refers to the discipline referred to in art. 71, paragraph 5, of Legislative Decree 25 June 2008, n. 112, converted into Law 6 August 2008, n. 133;

Considering that with art. 17, paragraph 23, bed d), of Legislative Decree 10 July 2009, n. 78, paragraph 5 of art. 71 of the aforementioned Legislative Decree no. 112/2008, was repealed, with the clarification that the effects of this abrogation concern absences made after the date of entry into force of decree-law no. 78;

Considering the need, consequent to the aforementioned decree-law, to integrate the Agreement of 10 July 2009, relating to the criteria for the disbursement of remuneration, with a discipline applicable to absences made after July itself, effective date of the abrogation of the legislative discipline cited above;

Also deemed to confirm the previous collective and supplementary contractual criteria; with this Agreement provide as follows

Starting from July 2009, the ancillary remuneration of the Headquarters Fund, however named, does not apply in the event of absence due to paid leave provided for by art. 18 CCNL 16/5/1995 or other legislative or contractual provisions, parental leave and due to sickness of children, illness, precautionary suspensions, strike.

In case of union permit and secondment, blood donation, accident at work, as well as in case of illness already recognized as a result of service, all the remuneration belonging to the Single Administration Fund will be paid.

Rome, 10 July 2009

p. THE LAWYER OF THE STATE
THE SECRETARY GENERAL

FOR OO.SS.
CGIL-FP
CISL-FPS
UIL-PA
FLP
CONFSAL-UNSA
RDB-PI