Bilaterality and Bilateral Bodies
A bilateral entity is a non-profit organization, formed by employers' associations and trade unions, with the aim of providing services and benefits in areas such as training and healthcare. These entities are regulated by collective agreements.
Regulatory Sources
Art. 2, lett. h), d.lgs. 276/2003
Circular 43/2010 of the Ministry of Labour
In-depth study: Role and Functions of Bilateral Bodies
Bilateral bodies represent a meeting point between employers and workers, facilitating collaboration between the social partners. Regulated by Legislative Decree 276/2003, they are responsible for promoting regular and quality employment, organizing training courses, managing mutual funds, certifying contracts and ensuring safety at work. These bodies also act to promote inclusion and fight discrimination.
Laws such as the Fornero Law (L. 92/2012)** and **Law 78/2014 assign them additional responsibilities, such as the management of solidarity funds and the definition of training plans for apprenticeships.
Although the laws assign tasks to bilateral bodies, their establishment is delegated to collective bargaining, which also regulates the provision of benefits. This model is particularly useful in sectors with high labor mobility, where individual employers may have difficulty independently managing the required benefits.
Questions about Mandatory
Membership in bilateral bodies is voluntary, as it derives from collective agreements, which do not have erga omnes effect. However, employers who do not join bilateral bodies must still guarantee their employees the benefits provided for by the collective agreement, either through the bilateral body or through equivalent solutions, as provided for by Circular No. 43 of 2010 of the Ministry of Labor.
In summary, although membership in bilateral bodies is not mandatory, the employer is required to guarantee workers the contractual benefits, contributing to the bilateral system or offering equivalent benefits.
Services and Refunds for Companies Adhering to EBIN.PMI
Companies that join EBIN.PMI can access numerous services through an expense reimbursement system.
This means that the services received from professionals, companies or trusted entities will be reimbursed up to the amount accumulated by the company through payments made to EBIN.PMI.
Available services include:
Training and Information:
Consulting and Assistance
Certification
Welfare
Security Management
To access reimbursements, companies must contact the Providers accredited with EBIN.PMI, the only ones authorized to provide reimbursable services.
Do you want your trusted professionals to become Providers? Get your organization or professional accredited (download the form). You can also become a Promoter and collaborate with EBIN.PMI (download the form).
Consult the List of Services for Businesses and the Services Regulations on the website www.ebinpmi.it.
Funded Training
Bilateral Bodies
Bilateral bodies are organizations formed by employers' associations and trade unions, provided for by some collective agreements, such as those of the tertiary sector (commerce) and public establishments. Both companies and workers must join bilateral bodies if their contract provides for it.
How to Check Adhesion
Employees: They can check their pay slip, where a withholding of 0.05% should be indicated.
Companies: They can ask their employment consultant or employers' association for confirmation.
Services Offered
Bilateral bodies offer various services, including free training for registered workers. The training catalogues include courses on safety, IT, communication and languages. Companies that join only need to demonstrate registration and payment of the contribution.
Economic Benefits
Joining bilateral bodies is often more convenient for companies than independently managing mandatory training, such as courses for RLS, RSPP, first aid and fire prevention. If the company does not join, it must still guarantee workers equivalent benefits, paying an increased contribution.
Bilaterality: A Collaborative System
Bilateral bodies represent a shared management method between workers and employers, which aims to promote professional training and qualification, in collaboration with the Regions and other bodies.
For more information, contact us
Bilateral Bodies and Non-Adherence in Collective Labor Agreements
Definition of Bilateral Bodies:
Bilateral bodies are organizations formed by employers' associations and workers' unions. They perform crucial functions such as the management of mutual services, supplementary health care, and the promotion of continuous training for workers and companies. They are created in implementation of collective labor agreements (CCNL).
General Principles:
1. Non-mandatory nature of the CCNL:
The employer is not obliged to adopt a specific CCNL, unless he is registered with an employers' association that has stipulated it.
2. Adequate Remuneration:
Even in the absence of membership in a CCNL, the employer is required to guarantee its employees a proportionate remuneration, as provided for by art. 36 of the Constitution. In practice, the CCNL of similar and representative sectors is taken as a reference to determine the fair remuneration.
Functions of Bilateral Bodies:
Mutualistic Support:
They provide subsidies for health care, training, special events (illnesses, disabilities) and to improve working conditions.
Social Security Management:
They manage supplementary pension funds and joint funds for continuing education.
Promotion of Safety at Work:
Bilateral bodies play an important role in certifying the regularity of contracts and in promoting health and safety at work.
Membership of Bilateral Bodies:
Membership in bilateral bodies is not mandatory for an entrepreneur who is not a member of any employers' association. However, the employer must still guarantee its employees benefits equivalent to those provided by bilateral bodies, including through alternative forms of protection.
Voluntary Membership:
An employer who is not a member of an employers' association may decide to join a bilateral body other than the one provided for by the relevant CCNL, if the body allows it.
Circulars from the Ministry of Labour:
Circular 4/2004:
Membership in bilateral bodies is not binding to access tax benefits related to the taxation of social charges, since these only concern the economic and regulatory part of collective agreements, not the mandatory one.
Circular 30/2005:
Registration with bilateral bodies is not necessary to enter into apprenticeship contracts, except in cases where such an obligation is provided for by a regional law.
Circular 43/2010:
Enrollment in a bilateral organization, when provided for by the CCNL, represents only one way to fulfill the employer's contractual obligations. If the employer does not join, he or she must still guarantee equivalent performance.
An entrepreneur who is not a member of an employers' association is not obliged to comply with the mandatory part of a CCNL or to establish a bilateral body.
However, it must always ensure adequate economic treatment for employees, as provided for by art. 36 of the Constitution, and may choose to join a bilateral body other than the one established by the relevant CCNL.