CENTRAL BUDGET OFFICE
OFFICE V

Rome, 12 April 2010
Prot. No. 22066
Ref. Prot. Entry Nr. 18041 (AGS note n. 10584 P)

Attachments:

Reply to Note dated: 25/3/2010

To the ADVOCATORY GENERAL OF THE STATE
Street of the Portuguese. 12
00186 ROME

SUBJECT: Art. 40 bis, paragraph I, d. lgs n. 165/200. Compatibility of the costs of supplementary bargaining with the constraints deriving from the application of the law. Hypothesis of CCNI, dated 22/1/2010 laying down the rules for the use of the FUA for the year 2010.

With reference to the note of this Advocacy no. 105848 P of 25 March 2010, relating to the object. an opinion is provided on the compliance of the costs with the constraints resulting from the application of the rules.

In the "technical financial and illustrative report" of February 2, 2010 the meaning, the rationale and the expected effects of the procedure in question are highlighted and, above all, the rewarding and selective aspects to which the disbursement of resources is connected, as well as the impact on the levels of individual and collective productivity.

The undersigned Office. having examined the documentation received, he highlights the following.

The CCNI stipulated on January 22, 2010 allocates the resources for the economic progression of a total of € 1,131,619.96 gross (one million one hundred thirty one thousand six hundred nineteen / 96 cents). of the Ministry of Economy and Finance for the 2010 financial year, which amounts to a total of € 1,189,688.35 gross (certain sums). The "variable portion" of the Fund will be determined with a subsequent budget adjustment provision.

In the annexes to the so-called illustrative technical and financial action, the data relating to the staff in service are reported, equal to 785 units, and the number of subjects involved in the economic progression, equal to 730 units and the cost of the progression is clearly highlighted itself (€ 1,131.619.96 - gross RAP expenditure net of social security contributions to be paid by the Administration).

The documentation examined by the writer also contains a 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 September 2007, signed by the Advocacy and by the representative trade unions with the exclusion of RDB P1. In this hypothesis of agreement, which will flow into the ICC of the State Attorney's Office, the following are indicated:

• the effective date of the economic progression, set for January 1, 1010;
• the requirements for access to the selection procedure (including being permanent employees, minimum seniority of two years in the economic bracket to which they belong, not having undergone disciplinary measures in the last two years).
• the evaluation criteria for economic development within the areas (professional experience and educational, cultural and professional qualifications), as well as the analytical indication of the relative scores attributed to each item of the two categories considered, for a maximum of 18 points by category;
• the composition of the examining commission and the provision that it can operate in three sub-committees.

Without prejudice to what is noted in relation to the amount of resources allocated to the financing of economic progressions and the number of personnel interested in them, having acknowledged, for the profiles of competence of this Office, which - as can be seen from the technical-financial and illustrative report - the criteria based on rewarding have been defined. a favorable opinion is provided pursuant to art. 40 bis of the d. lgs n. 165/200 l.

The director
(Dr. Vincenzo Ambrosio)

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 2010, for the purpose of financing economic progressions within the areas, signed on 22/01/2010.

Reference is made to the hypothesis of supplementary contract indicated in the subject, transmitted on 1 March 2010 with note no. 73594P, and in the subsequent note no. 129593P of approximately 16 April with which this Administration provided the technical-financial and illustrative report, certified by the supervisory bodies pursuant to article 40, paragraph 6-sexies, of Legislative Decree no. lgs. n. 165 of 2001.

The certifications referred to in articles 40 and 40-bis of Legislative Decree lgs. n. 165/01, as modified by d. lgs. n. 150/09, were issued by the Evaluation Unit for internal control on 19/02/2010 and by the Central Budget Office at the Ministry of Justice - Office III with note no. 10188 of 25/02/2010 and - Office V - with note no. 22066 of 12/04/2010.

Given the above, in agreement with what is highlighted in the attached note from the Ministry of Economy and Finance, it is stated that it has no observations regarding the further course of the hypothesis of the agreement in question.

07/23/2010 - 240075A

AGS Rome / ADMINISTRATIVE

THE OFFICE DIRECTOR
Eugenio Gallozzi

DEPARTMENT OF THE REASONER [A GENERAL OF THE STATE
GENERAL INSPECTORATE FOR PERSONNEL ORDINATIONS AND ANALYSIS OF PUBLIC LABOR COSTS
OFFIC10 VII

Prot. No. 263128
Ref. Prot. Entry Nr. 60801

Attachments:

Response to Note from: ROME July 20, 2010

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

SUBJECT: General State Attorney - CCNI hypothesis governing the use of the Single Administrative Fund for the year 2010, signed on January 22, 2010.

07/23/2010 - 240075A

AGS Rome / ADMINISTRATIVE

The additional elements provided by the State Attorney General's Office were examined with note no. 209849 of 23 June 2010 to the hypothesis of supplementary agreement indicated in question as well as with a specific prospectus, which must form an integral part of the agreement in question relating to the expenditure for economic progress of personnel from which the percentage of personnel involved in the requalification is inferred.

This percentage is not in line with the provisions of Legislative Decree 150/2009.

In this regard, the Attorney's Office highlighted that the potential recipients of economic developments are fewer than the staff in service, therefore, the selectivity of the procedure is guaranteed by ensuring compliance with the provisions regarding the assessment procedures connected to staff incentives and the adaptation, in any case, by 31 December 2010, of the contracts to the discipline of title III of Legislative Decree 150/2009.

Given that, in reiterating, from a strictly technical point of view, that there are no observations to make, given that the expenditure is, in any case, contained within the certain resources of the fund, reference is made to the assessments of this Department on the problem in question.

Therefore, on the basis of what is represented by the Administration in the aforementioned note, it could be possible to evaluate the possibility of partially overcoming the indications referred to in Legislative Decree 150/2009, also in order not to disadvantage the personnel concerned compared to what they have, anyway. already been able to take advantage of advances in economic position.

The Chief Inspector General
F. to Russo