Under order no. 27757, published 3/12/2020, the Cassation Court confirmed that renewal of a National Collective Bargaining Agreement (CCNL) only signed by some employer associations, has no effect on application of clauses regarding pay even for companies that belong to non-signatory unions. In detail, a worker obtained an order for payment, part for failure to pay contractual increases in the sector CCNL and part due to the contractual increases in the renewed CCNL. The order was upheld in the first instance, while in the second it was revoked and the company sentenced to pay the difference between the amount of the order and the sum it paid to the worker as a one off for the settlement reached between the workers’ union and employers’ unions that had not initially signed the renewal. According to the Court, appealed to by the employer, in employment the remuneration under the CCNL acquires, as a general rule, a “presumption” of meeting the principle of proportionality and adequacy in the contract economic provisions including in internal relationship between the single compensations established therein.
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