PUBLIC FUNCTION DEPARTMENT
Trade Union Relations Office
Collective Bargaining Service

To the State Attorney General
Via dei Portoghesi, 12
00186 ROME

pc To the Ministry of Economy and Finance
Department of State General Accounting / IGOP
Via XX Settembre, 97
00187 ROME

Subject: General State Attorney - Hypothesis of supplementary agreement governing the use of the Single Administrative Fund for the year 2009, signed on 1/07/2009, and integration 10/07/2009 consequent to Legislative Decree no. 78/2009. - Hypothesis of agreement for the determination of the general criteria for the definition of the procedures for the selections pursuant to art. 17 of the CCNL 14/09/2007, signed on 10/07/2009.

Reference is made to the hypotheses of the supplementary contract indicated in the subject, transmitted with note no. 276095P of 23 September 2009, and the subsequent note no. 338130P of about 13 November with which this Administration provided further information and responded to some observations made by this Department and by that of the State General Accounting Department.

In this regard, it is considered appropriate to carry out some considerations.

In relation to the methods of measuring the improvement of collective and individual performance, reference is made to the relevant regulatory provisions: art. 2, paragraph 32, of law no. 203 of 22 December 2008 (financial law 2009), which establishes that "starting from 2009 , the accessory remuneration of public administration employees is paid on the basis of the quality, productivity and innovative capacity of the work performance ...", and art. 67, paragraph 9, of legislative decree 112 of 2008 (converted into law by art. 1 of law no. 133 of 2008), which provides "with regard to the amount of resources assigned to funds for supplementary bargaining (. ..) the concrete definition and application of criteria based on rewarding, the recognition of merit and the enhancement of the commitment and quality of individual performance, with regard to the various institutions financed by supplementary bargaining (...) >>.

PUBLIC FUNCTION DEPARTMENT
Trade Union Relations Office
Collective Bargaining Service

As regards the selection criteria for the economic development procedures within the areas, it is considered appropriate to recall that Article 12 of the 2007 CCNL informs the entire progression structure within the classification system on the principle of "valorisation of the work of employees, taking into account significantly the results achieved by the same, appropriately assessed, using methodologies that appreciate the quality of the professional experience gained, possibly supported by qualifications consistent with the position to be filled ".

Without prejudice to the managerial autonomy and the responsibility of this Administration in relation to the aspects specified above, a positive opinion is given with reference to the economic-financial compatibility. The note from the Ministry of Economy and Finance for the purposes of certifying the hypotheses of agreement in question is attached together.

THE OFFICE DIRECTOR
Eugenio Gallozzi

DEPARTMENT OF GENERAL STATE ACCOUNTING
GENERAL INSPECTORATE FOR STAFF REGULATIONS AND ANALYSIS OF THE COSTS OF PUBLIC LABOR MINISTERS OFFICE VII

Prot. No. 120460
Ref. Prot. Entry Nr 117883

Attachments: 1

Reply to Note dated: 11/13/2009

the Presidency of the Council of Ministers - Department of Public Administration - Trade Union Relations Office - Collective Bargaining Service
Rome

SUBJECT: General State Attorney - Hypothesis of agreement for the determination of the general criteria for the definition of the procedures for the selections referred to in art. 17 of the CCNL 14/9/2007 - Agreement for the use of FUA 2009.

With reference to the agreements indicated in question and in particular to the clarifications provided by the State Attorney General with note no. 338130-P of November 13, 2009 as well as to the additions sent by fax on November 23 (which are attached in copy), the following is noted:

With regard to economic and financial compatibility, a favorable opinion is expressed for the further course of the agreements.

With regard to the need to remove from article 5 the reference to article 71, paragraph 5, of Legislative Decree no. 112/2008, converted by law no. 133/2008, represented by the writer in consideration of the abrogation of this provision set forth by Legislative Decree no. 78/2009, we acknowledge the integration of the agreement prepared on 10 July last and received by the writer via fax on 23 November 2009, in which the types of absence from the service in which the payment of the based in the light of the abrogation of the aforementioned paragraph 5, of article 71, of Legislative Decree no. 112/2008. In any case, given the general nature of the problem for the various public administrations, reference is made to the assessments of the Department of Public Administration

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

INTEGRATION, CONSEQUENTIAL TO DLN 7812009, OF THE AGREEMENT CONCERNING THE USE OF THE SINGLE ADMINISTRATION FUND FOR THE YEAR 2009 SIGNED ON 1/07/2809

The State Attorney's Office and 00.8S. CGIL-FP, CISL-FPS, UIL-PA, CONFSAL-UNSA, RDB-PI, FLP,

Given the Supplementary Agreement governing the use of the Single Administrative Fund for the year 2009 ~ signed on July 2009 by CISL-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 August 2008 ~ n. 133;

Considering that with Article 17, paragraph 23, letter d), of Legislative Decree 10 July 2009, no. 78, paragraph 5 of article 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 1st Agreement of July 2009 ~ with regard to the criteria for the payment of remuneration, with a discipline applicable to absences made after 1Q July itself, effective date of the abrogation of the legislative discipline above cited;

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

With effect from 10 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 by other legislative or contractual grandmothers, parental leave and due to sickness of lime trees) sickness, precautionary suspensions, strike.

In the event of union leave and secondment, blood donation, accident at work, as well as in the case of illness already recognized as a result of service, all the remuneration referring to the Single Administration Fund is responsible.

Minutes of the meeting of preventive information and concentration at Administration level between the representatives of the State Advocacy and the Representative Trade Union Organizations CGlL-FP, CISL-FPS, UIL-PA, FLP, CONFSA / UNSA, held on 28 October 2009

On October 28, 2009. at 11.40 am, at the State Attorney General's Office, just summoned as per the note of October 14, 2009, the Administration is present:

• Mr. Ruggero Di Martino,
  General secretary
  
• Mrs. Marzia Serafìno,
  Person in charge of the Office of the Advocacy General
  
• Mrs. Maria Di Filippo,
  Appointed at Office III of the General Advocacy
  
• Mrs. Daniela Frascaroli,
  Appointed at Office II of the Advocate General

Also present are Dr. E1isa Borelli and Dr. Giacomo Molitiemo, SSPA executive students and interns at the State Advocacy General.

for trade unions:

• for the CT5L-FPS: Messrs. Corrado Nuccetelli, Raffaele Peri; Marsilio Fierimonte, Cinzia Trombetta, Vincenzina Pasqua and Maria Luisa Lagonigro
• for UIL-PA: Messrs. Tommaso Capezzone, Valerio Filia, Maria Antonella Marsilio, Michele Muccino and Luigi Caruso
• for CONFSAL / UNSA: Messrs Domenica Torre and Franco Baccarini
• for the FLP: Mrs. Giorgio Fidicci
• For the RDB-CUB, although regularly convened, there are no representatives.

Ms Frascaroli is in charge of the minutes.

The meeting is aimed at determining the general criteria for internal selection procedures pursuant to art. 13 and 14 of the CCNL 14/912007 (progression between the areas), and the discussion on the subject of the reshaping of staffing resources.

The Secretary General, after having greeted all those present, and stated the items on the agenda, represents that the "Brunetta decree", of which publication is imminent, modifies the career progression regime, in what - in art. 24 - provides that starting from 1 January 2010 the administrations cover the places available in the organic endowment through public competitions, with a reserve of no more than fifty percent in favor of internal staff. Therefore, the contractual discipline may not find any application.

As regards the agreements signed last July, and in particular the procedure for the economic progression within the areas, it was not possible to advance the procedure so as to ensure the conclusion of all the obligations by the end of the year "a due to events

Mr. Malatesta observes that it would be a matter of concluding the FUA agreement - for the first time - in the year preceding the one to which the funds refer, which has been requested several times by the CGIL ~ but never agreed by the administration.

Ms Di Filippo represents that today the funds are quantified, but there is still no budget law that certifies them. However it is possible to make the agreement on this basis.

Mr. Malatesta declares that the agreement can be made when the administration presents to the trade unions. the call for applications.

The Secretary General states that the announcement is an administrative act of managerial responsibility that is not subject to disclosure.

He declares that he will reconvene the trade unions. within the first fortnight of January 2010 to stipulate the financing agreement for the procedures with effect from 10.1.2010

Mr. Malatesta affirms that, if the administration declares that the procedures will not be concluded by 2009, the CGIL - which has always had strong doubts about the July agreement, precisely in relation to the financing of the economic bands, which were not then realized - calls for the application of the safeguard contractual provision, and the immediate payment of the sums by way of productivity, and the call for the new financing of the procedures immediately after the publication of the budget law.

The meeting closed at 15.40. Of which it is verbal.

The Secretary General
The verbalizer