Defense, this is what the new regulation on military unions provides
Preliminary approval from the Council of Ministers for the Regulation on the Military Order Code. The measure is to be adopted by decree of the President of the Republic. All the details
Green light for the new regulation on the military system.
The Council of Ministers of 20 March, on the proposal of the Minister of Defense Guido Crosetto, approved, in preliminary examination, a regulation, to be adopted by decree of the President of the Republic, for the adaptation and coordination, pursuant to article 16 , paragraph 1, letters a) and c), of law 28 April 2022, n. 46, of the provisions of the decree of the President of the Republic of 15 March 2010, n. 90, with the Military Code referred to in Legislative Decree 15 March 2010, n. 66, as amended by legislative decree 24 November 2023, n. 192.
In fact, last November saw the approval of the legislative coordination delegated decree which provides for the inclusion, in the Military Code, of the rules on professional trade union associations between military personnel (Apcm). The provision included, in the Code of the military system, in full respect and implementation of the principles indicated by the Constitutional Court, the recognition of freedom of association for the personnel of the Armed Forces and of the military police forces as well as the related and specific methods of exercise.
Furthermore, the budget law for 2024-2026 provided for the possibility of granting Apcm representatives a special license for trade union activities, until the decree is issued which will provide for the distribution of secondments and paid leave to the Apcm.
All the details.
THE REGULATION OF PROFESSIONAL ASSOCIATIONS OF A TRADE UNION FOR MILITARY PERSONNEL
Law no. 46 of 2022 establishes firstly (art.1) that the military can establish professional associations of a trade union nature for a single armed force or police force under military or joint forces. Membership in these associations is free, voluntary and individual.
The enlisted soldiers referred to in article 627, paragraph 8, of the COM cannot join, limited to the category of students. The associations take care of the collective protection of the rights and interests of their representatives in the matters of competence, guaranteeing that they carry out the duties of the Forces to which they belong and that membership of the associations does not interfere with the regular performance of institutional services (art. 5 ).
THE MATERIALS OF COMPETENCE
The matters of competence are: a) the employment relationship of military personnel; b) tax assistance and consultancy (only for its members); c) the inclusion in external employment of those who leave military service; d) benefits for accidents and illnesses contracted in service and due to service; e) equal opportunities; f) trade union prerogatives regarding the protection of health and safety in the workplace; g) cultural, welfare, recreational spaces and activities aimed at promoting the personal well-being of the representatives and their family members.
In relation to the aforementioned matters, the associations can: submit observations and proposals to the competent Ministries on the application of the laws and regulations and report any modification initiatives they may deem appropriate; be heard by parliamentary commissions; ask to be received by the competent Ministers and the top bodies of the Armed Forces and the military police forces.
However, the discussion of matters relating to the military system, training, operations, the logistical-operational sector, the hierarchical-functional relationship as well as the use of personnel in service is excluded from their competences. Article 11 of the law attributes the negotiating powers to the associations for national sector bargaining.
WHAT THE NEW REGULATION ON THE MILITARY ORDER CODE PROVIDES
Therefore the intervention – explains the note from Palazzo Chigi at the end of yesterday's Council of Ministers – modifies the Consolidated Law on regulatory provisions relating to the military system (Tuom) in order to coordinate the rules governing the institutions of military representation.
In particular, following the amendments to article 1476 (Right of professional association of a trade union nature in the military sector) of the Military Code (Com), which recognizes the right of free trade union organization to members of the Armed Forces and the of military police and the right of the same to join a single professional association of a trade union nature among soldiers (Apcsm), the discipline relating to military representation is replaced in the Tuom with the Apcsm recognized as representative.
THE NEXT STEPS
Finally, "despite this step forward, some fundamental pieces are still missing for the military to fully exercise freedom of association", underlines Infodifesa .
In fact, for the purposes of issuing this legislative decree, it is necessary (article 9, paragraph 16) to hear the opinion of the representative associations at national level pursuant to article 13 of law 46/2022, but at the moment, the competent Minister for the Public Administration has not yet recognized the representativeness at a national level of any of the associations registered in the Ministry of Defense's register (for 2023, article 12 of Legislative Decree no. 132/2023 extended the deadline for recording the registration by one month effective strength of the Armed Force or of the Military Police Force, for the purposes of evaluating the representativeness of professional associations of a trade union nature among military personnel, from 31 December to 1 January 2024).
In this regard, the government bill (AC 1538, which became law no. 201/2023) was approved, article 1 of which extends the deadline for exercising the delegation provided for in article 9, paragraph 15 by a further 12 months. of law 46/2022, therefore until 27 November 2024.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/difesa-ecco-cosa-prevede-il-nuovo-regolamento-sui-sindacati-militari/ on Fri, 22 Mar 2024 06:24:53 +0000.