As we have informed you in previous communications, the Sentence by the Supreme Court from 10th of December 2012, after given the right of appeal on cassation (appeal on points of law) 267/2012, is still not firm. The lack of validity comes from the fact that another collective ASEMA didn´t contest the appeal brought on by the labor unions, and it is not confirmed whether it was not notified due to a negligence by the Court or whether the collective itself did not communicate the notification to their lawyers.
This means that still today we don´t know the percentage by which the agreement of 2010 should be revised. We underline the year 2010 as it is the only one to be revised, not 2011 and 2012 as the labour unions are informing their members and sympathizers.
We repeat it is only question of year 2010, as this is stated in the clause of the collective agreement of 2009 and 2010, a collective agreement which was denounced and therefore not extended, and right now we are negotiating a new collective agreement which will have a time range from 1st of January 2011 until a date agreed by the parties (we have suggested a validity of the agreement from 1st of January 2011 until 31st of December 2015).
We are aware that the labor unions have sent letters to the companies through their representatives encouraging the workers to claim from the companies a payment of 1.7% from 1st of January 2010 till today.
In our understanding this information and claims are not correct, and have today denounced them at the negotiating table of the collective agreement. It is definitely a union strategy to mobilize their members and other workers to claim salary differentials which may or may not be correct, depending on the final decision of the Court. We know that 1.2% is correct, but we don´t know whether to apply another 0.5% to reach 1.7%, but what for sure is incorrect is to apply the said percentage over the time limit of the 2010 agreement to the years 2011 and 2012.
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