Procedure for the certification of supplementary collective agreements, pursuant to art. 39,
paragraph 3-ter, of the law of 27.12.1997, n. 449.

Technical-financial report.

SUPPLEMENTARY NATIONAL COLLECTIVE AGREEMENT
OF THE STATE LAWYER'S STAFF

1. 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 14/9/2007, signed on 10/7/2009
   
2. Supplementary agreement governing the use of the Single Administration Fund for the year 2009, signed on 7/1/2009, and integration 10/7/2009 consequent to Legislative Decree no. 78/2009

1. Premise
   Following the signing, on September 14, 2007, of the National Collective Labor Agreement for the staff of the Ministries, which introduced the new personnel classification system, based on criteria of flexibility, within which the definition of new professional profiles, aimed at a more flexible and rational management of human resources, as well as to ensure a better correspondence of the work performance of employees to the objectives of each administration, the State Attorney has recently entered into with the trade unions. representative of the Collective Collective Agreement for the definition of new professional profiles for administrative staff.
   
   The supplementary collective agreement in question, having acquired the technical opinion of ARAN in its negotiating assistance function, was submitted pursuant to art. 39, paragraph 3-ter, of the law of 27.12.1997, n. 449, under examination by the Presidency of the Council of Ministers, Department of Public Administration, and by the Ministry of Economy and Finance, Department of State General Accounting / IGOP, which have expressed a favorable opinion on the further course of the contract in question , which was definitively signed on May 27, 2009.
   
   Pending the definition of the additional contractual arrangements that will constitute the new Supplementary Collective Agreement of the State Attorney's Office, the parties have considered it a priority to continue the process of applying the new professional system to the administrative staff of the Institute as per the current CCNL, at in order to pursue the objective of enhancing internal professional skills, while at the same time tending to obtain highly qualified services in the primary interest of the community and users.
   
   The new classification system, focused on the areas and professional profiles as recently redefined, responding to the specific institutional functions of the State Attorney's Office, in fact provides for a system for enhancing the professionalism of employees who, through economic progressions paid according to selectivity and merit, are rewarded in the professional enrichment achieved in carrying out their business.
   
   The system introduced by the new CCNL 14.9.2007, in fact, allows an economic progression by salary bands, from the initial range of the profile to the maximum foreseen in the area of belonging, a progression that does not imply a change of duties, but an evaluation of greater experience and competence. achieved in carrying out the functions of the area and profile to which they belong.
   
   The program for the enhancement of existing professional skills starts from the classification of all administrative staff in the new professional profiles. The procedure for assigning the immediately subsequent salary bracket requires, subsequently, the identification of selective and merit-based criteria consistent with the professionalism covered by each worker, and the allocation of appropriate financial resources belonging to the Single Administration Fund referred to in art. . 32 of the national collective bargaining agreement of 16 February 1999, having the character of certainty and stability.
   
   The supplementary agreements referred to in this Technical-Financial Report therefore establish the general criteria for defining the procedures for economic development within the area, pursuant to art. 17 and 18 of the CCNL 14/9/2007, and the financing for the year 2009 of the procedures in question, while arranging - at the same time - the allocation of resources belonging to the FUA also to other contractual institutes for productivity and quality incentives of the services rendered, with evaluation of the contribution to the achievement of institutional objectives.
   
2. 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 14.9.2007 (Economic developments within the areas), signed on 10 July 2009.
   
   On 10 July 2009, the Secretary General of the State Advocacy and the Trade Union Organizations FP-CGIL, FPS-CISL, UIL-PA, CONFSAL-UNSA, and FLP, signed the hypothesis of an agreement for the determination of the general criteria for the definition of the procedures for accessing the economic developments within the areas, which will flow into the Collective Collective Agreement of the State Attorney's Office, whose negotiations are in progress.
   
   The art. 18 of the aforementioned CCNL indicates the selective criteria and principles of meritocracy that must be applied in the procedures of economic development, and underlines the need to combine in a balanced way all the factors subject to evaluation, avoiding attributing excessive value to purely formal and to mere seniority of service.
   
   On the other hand, elements that demonstrate the employee's real ability to perform the functions relevant to the assigned profile must be adequately assessed, and that testify to the worker's mastery in using their cultural and professional skills.
   
   The agreement of 10 July 2009 interprets the contractual guidelines in the light of the particular reality of the lawyer, of the origin of the staff who make up the administrative role, and of the need to adequately equalize the value of the cultural training of workers and of the work experience gained.
   
   The qualifications that can be assessed are divided into two categories, to which the same maximum score is attributed. Category I ^ concerns Professional Experience. In this category, the actual length of service is assessed, but the professional experience gained within the sector of activity relating to the professional profile to which they belong and the refresher training followed within the same sector are also assessed, with a view to to enhance the degree of professional skill acquired in carrying out the functions of the area and the profile to which they belong.
   
   The quality of the professional experience gained is also assessed, through a judgment that the Secretary General and the district lawyers must express according to predetermined parameters, including the conduct of the worker from a disciplinary point of view.
   
   Category II concerns educational, cultural and professional qualifications. In this context, the possession of the qualification required for external access to the membership profile finds the maximum value. Other cultural qualifications that enrich the worker's potential are also evaluated.
   
   In the same way, however, the professional qualifications that employees have acquired in the assignment of assignments, in participation in courses with final exams, in the selection passed in previous training and competition courses, in which the Institute has invested its ability to train professional staff intended to support the administrative structure in a context of ever greater rationalization and reduction in the availability of personnel.
   
   The qualifications referred to in the aforementioned categories are easy to identify and - with the sole exception of quality assessment - do not provide for discretionary assessments; this choice does not affect the selectivity of the procedure, and at the same time limits the onset of litigation.
   
   There are no training courses exclusively aimed at the selection procedure in question.
   
   During 2008, the State Attorney's Office provided all administrative staff and togae an Office Training plan aimed at the maximum dissemination of IT skills, in line with a series of projects for the re-engineering of internal procedures and IT collaboration with other public companies administrations.
   
   This training, and the training processes carried out in the past as part of internal progressions, are taken into account for the purposes of the overall evaluation of the professional experience of employees.
   
3. Supplementary agreement governing the use of the Single Administration Fund for the year 2009, signed on 7/1/2009, and integration 10/7/2009 consequent to Legislative Decree no. 78/2009.
   
   The requalification program for progression in the economic brackets requires an adequate allocation to be paid by the Single Administration Fund.
   
   When stipulating the agreement for the use of the Single Administrative Fund for the year 2009, between the State Attorney General in the person of the Secretary General, and the trade unions. FPCGIL, FPS-CISL, UIL-PA, CONFSAL-UNSA, RDB-PI and FLP, a portion of the resources has therefore been allocated to said program, in order to pay the upper bracket to the personnel who will be eligible, starting from the 1st January 2009.
   
   The parties, recognizing the institute of economic developments a highly incentive effect for the employees, among other things selected through an evaluation procedure that is not merely formal, but strictly connected to the activity carried out, decided to allocate resources such as to allow the most wide possible progressions, however ensuring financial coverage to other contractual institutions such as organizational positions, incentives for mobility, collective productivity and job bargaining.
   
   The art. 1 of the Agreement illustrates the composition of the Single Fund for 2009, net of IRAP and social security contributions to be paid by the Administration, fed by a portion consisting of amounts of certainty and stability, corresponding to the specific allocations of the management plans no. . 2 (Irpef), n. 3 (social security contributions to be paid by the worker) and n. 9 (net component of the FUA) of chap. 4437, equal to a total of € 1,404,440.48, assigned with the 2009 budget law, as well as a so-called "variable" quota, determined in accordance with the law, the sum of € 430,954.00 of which was included in the draft law to adjust the budget for the year 2009 following the outcome of the checks by the competent office of the Inspectorate General for public law. This last sum will be available, distributed on the aforementioned management plans of Cap. 4437, following the approval of the budget adjustment law.
   
   Reference is made to the following point 4 for the analysis of financial compatibility with regard to the use of the resources of the Single Administrative Fund, with particular regard to the expenditure for the financing of the institute of economic developments.
   
   It is envisaged that any allocation to the Fund of sums for employee productivity, as a result of supervening administrative measures, special laws, legislative and contractual regulations, will be attributed to the incentive of collective productivity and to workplace bargaining.
   
   As regards the evaluation pursuant to art. 22 of the CCNL 14.9.2007, pending the adoption of the relative regulations in the context of the supplementary collective agreement, the need to link the payment of productivity compensation to the achievement of the objectives is 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.
   
4. Use of FUA resources and analysis of financial compatibility in the field of supplementary bargaining (Article 40, paragraph 3 of Legislative Decree No. 165/01) Given that the amount of the Single Administration Fund, net of charges reflected, amounts to a total of € 1,835,394.48, of which, as specified in point 3, € 1,404,440.48 as a "fixed portion" and € 430,954.00 as a "variable portion", it should be noted that this latter portion was determined, after calculating the individual supply items, following the reduction of 10% of the total annual amount for 2004, pursuant to art. 1, paragraph 189, of l. 23 December 2005, n. 266, as replaced by art. 67, paragraph 5, of the legislative decree 25 June 2008, n. 112, modified by the relative conversion law 6 August 2008, n. 133.
   
   The total annual amount was allocated to the financing of the following contractual institutions and specific services:
   • a) organizational positions, pursuant to art. 18 of the CCNL 16.2.1999, for € 73,336.70;
     
   • b) work allowance for blind switchboard operators, pursuant to art. 9, paragraph 1, of the law of 29 March 1985, n. 113, for € 12,911.02;
     
   • c) mobility, pursuant to art. 73, paragraph 2, lett. b), of legislative decree 112/08 converted with amendments by law no. 133/08, for € 148,569.15;
     
   • d) economic developments within the areas, pursuant to art. 17, paragraph 3, of the CCNL 14.7.2007 and referred to in the supplementary administration agreement of 10 July 2009, for € 1,102,787.78;
     
   • e) productivity and improvement of services at national level, pending the definition, in the context 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, for € 298,673.83.
     
   • f) service shifts and tasks that involve situations connected to particular operational or environmental conditions at the local site, pending the definition, in the context of the supplementary collective agreement, of the individual contribution assessment 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, for € 199,115.93.
     
     The amount referred to in point d), intended to finance economic developments within the areas starting from 1 January 2009, determined on the basis of the annual economic values of the salary bands established in Table E of the CCNL 14.9.2007 and of estimated number of entitled persons, is equal to 78.52% of the fixed quota of the FUA, whose resources have characteristics of certainty and stability, pursuant to art. 32, paragraph 2, sixth line, of the CCNL 16.2.1999.
     
     The supplementary agreement is without prejudice to the hypothesis of partial or non-use of the aforementioned resources referred to in letter d) if the procedures for the allocation of higher economic brackets are not completed, allocating the residual amounts to feed the items of use provided for in letters e) in an amount equal to 80% and in letter f), in an amount equal to 20%.

Rome, 25/8/2009

THE SECRETARY GENERAL
signed Di Martino