Home / Europa-AG (SE) / Countries / Transposition / Italy

Italy

COUNTRY OVERVIEW

There is no right in Italy for employees to be represented at board level, although there is interest in the topic. Unions and employees agreed a joint opinion on the transposition of the directive, which was subsequently accepted by the government.

For further information on the SE legislation, such as the choice of SNB members, click on the more button.

more ...

Transposition of the SE legislation in Italy (Update: March 2005)

On 2 March the Italian social partners signed a Common Opinion on transposition of the SE directive and they recommend that this opinion be taken into account when transposing the directive into law.

more ...

Transposition of the SE legislation in Italy (Updated report: January 2005)

During the week preceding Christmas 2004, the social partner delegations met to finalise a draft agreement on transposition of the SE directive. The meeting was successful. The resulting agreement must still be subject to internal discussion and approved by all the social partner organisations. Thus it is not an official document and not available to the public. For this reason it is impossible to give a detailed overview of its contents. However, some important points are clear:

1. There will be no opt-out.

2. There is a preference for a dualistic model, with employee representation on a supervisory board.

3. There is agreement between the three major trade union confederations that employee representatives on the supervisory board (or, where that is impossible, the administrative board) shall not be elected, but jointly appointed by the trade unions.

4. Also, provisions for experts, etc., were defined in detail (in more detail than in the CBA transposing the EWC directive).

5. The social partners did not lay down any sanctions, as this is not their role (although they did recommend some).

more ...

Transposition of the SE legislation in Italy (Report: August 2004)

The principles laid down in the directive are rather innovative in relation to the Italian legal system. While employee representation is well defined also with regard to information rights (for example, in laws 223 of 1991, 428 of 1990 and 626 of 1994), the concept of “participation” has hitherto been defined only in collective bargaining agreements or jointly established regulations. The most substantive change as regards the Italian system will be provisions regarding the composition of management or supervisory boards, in which the presence of employee representatives is envisaged.

more ...

Translated transposition laws 

The full text of the transposition laws and (for most countries) unofficial translations into English can be downloaded from the EU Commission website

flags-complete

Download

Lionel Fulton (2006) Anchoring the European Company in national law