Thursday 1 March 2012

The Charter of Labour (1927)


I. The Italian Nation is an organism endowed with a purpose, a life, and means of action transcending those of the individuals composing it. It is a moral, political, and economic unity which finds its integral realization in the Fascist State.

II. Work in all its forms—intellectual, technical, and manual—however organized or carried out, is a social duty. On these grounds, and on these grounds alone, it is safeguarded by the State.

From the standpoint of the Nation, the mass of production forms a totality; it has a single aim: the well-being of individual producers and the growth of national power.

III. Professional and labour organizations enjoy complete freedom. But only unions legally recognized and subject to state control have the right to legally represent the whole category of employers and workers for which they are constituted; to defend their interests with respect to the state and other professional associations; to negotiate collective labour contracts that are binding on all members of the category; and to impose dues and to make use of these dues as a function of the public interest.

IV. The collective labour contract embodies the feelings of solidarity that bind together various factors of production. It harmonizes the opposing interests of employers of labour and of workers, subordinating them to the higher interests of production.

V. The Labour Court is the organ through which the State intervenes in order to settle labour disputes, whether arising from the observance of contracts or other existing rules or from the formulation of new labour conditions.

VI. Legally recognized professional associations ensure legal equality between employers and workers, keep a strict control over production and labour and promote the improvement of both.

The Guilds (corporazioni) constitute the unitary organization of the forces of production and integrally represent their interests.

By virtue of this integral representation, and in view of the fact that the interests of production are the interests of the Nation, the law recognizes the Guilds as State organizations.

VII. The Corporative State considers private initiative, in the field of production, as the most effective and useful instrument in the interests of the Nation.

In view of the fact that the private organization of production is a function of national concern, the organizer of the enterprise is responsible to the State for the direction given to production. Collaboration between the forces of production gives rise to reciprocal rights and duties. The worker, whether technician, clerk or labourer, is an active collaborator in the economic enterprise, the responsibility for the direction of which rests with the employer.

VIII. Professional associations of employers are required to promote by all possible means a continued increase in the quantity of production and a reduction of costs.

IX. State intervention in economic production may take place only where private initiative is lacking or is insufficient, or when are at stakes the political interest of the State. This intervention may take the form of control, encouragement or direct management.

X. Judicial actions cannot be initiated in collective labour disputes unless the guild organ has first made an attempt at conciliation.

In the case of individual disputes concerning the interpretation and application of collective labour contracts, professional associations are authorized to mediate conciliation efforts.

Ordinary courts have jurisdiction over these disputes and may be assisted by assessors appointed by the professional associations directly concerned.

XI. Professional associations are required to regulate relations between the categories of employers and workers that they represent by means of collective contracts.

Collective labour contracts are to be negotiated between lower level associations (associazioni di primo grado) under the guidance and control of central organizations, except for the power of substitution granted to a higher level association (associazioni di grado superiore) under conditions specified by the laws and statutes.

All collective labour contracts, under penalty of being rendered null and void, must contain precise rules governing matters such as disciplinary measures, probationary periods, the amount and payment of compensation, and work schedules.

XII. The actions of labour unions, the conciliatory efforts of guild organs, and the decisions of labour courts all have as their aim to ensure that wages correspond to the ordinary needs of life, to the possibilities of production, and to worker productivity.

Wages shall be determined without reference to any general rules, by agreement between the contracting parties.

XIII. Once they have been coordinated and expanded upon by the Ministry of Corporations, date furnished by public agencies, by the central statistical bureau, and by legally recognized professional associations concerning production and work conditions, money markets, and variations in the standard of living of workers shall serve as the basis for harmonizing the interests of the various categories and social classes vis-a-vis one another and vis-a-vis the higher goal of increasing production.

XIV. Compensation should be paid out in the form best suited to the needs of employers and labourers.

When compensation is paid on a piecework basis and payments are calculated over intervals of more than two weeks, adequate weekly or fortnightly payments are required.

Night work, with the exception of regularly scheduled periodic night work, must be paid at a percentage above the rate for day labour.

In cases in which work is paid on a piecework basis, the rate must be such as to allow a diligent workman with average working skills to achieve earnings that at least minimally exceed the base wage.

XV. Workers are entitled to a weekly day off, on Sundays.

Collective labour contracts must respect this principle, taking into account existing law and the technical needs of each and every enterprise. Furthermore, they must see to it that civil and religious holidays are observed in accordance with local traditions to the degree that the latter technical needs allow for such observances. Work schedules must be scrupulously and zealously followed by workers.

XVI. After a full year of uninterrupted employment, workers employed by enterprises in operation on a year-round basis are entitled to an annual paid vacation.

XVII. In enterprises operation on a year-round basis the worker has the right, in the case of an interruption of labour relations due to dismissal without fault on the worker's part, to a severance payment proportional to his years service. A similar indemnity is also to be paid in the event of a worker's death.

XVIII. In enterprises operating on a year-round basis charges in ownership do not nullify existing labour contracts, and employees retain the same rights vis-a-vis the new owners. Likewise, illness on the part of an employee that does not exceed a given duration does not nullify labour contracts. Calls to military duty or to serve in the National Militia cannot provide grounds for dismissal.

XIX. Breaches in discipline and acts that disrupt the enterprise's normal operations on the part of workers are to be punished according to the gravity of the offense. Punishments may include fines, suspension from work, and, in the most serious cases, immediate dismissal without severance pay.

The circumstances under which an employer may impose fines, suspension from work, or immediate dismissal without severance pay must be clearly defined.

XX. New employees are subject to a probationary period during which both parties have a right to the cancellation of the contract by payment only of the wage or salary for the time of actual service.

XXI. The privileges and control of the collective labour contract extend also to home workers. Special rules shall be issued by the State in order to secure proper control and hygiene in home work.

XXII. The State alone can ascertain and control the phenomenon of employment and unemployment of workers, which is a complex of the conditions of production and work.

XXIII. Labour Employment Bureaus founded on a mutual basis are subjected to the control of the Guilds. Employers have the obligation to employ workers whose names are on the register of the said Bureaus and have the right of choice among the names of those who are members of the Party and the Fascist syndicates according to their seniority on the Register.

XXIV. The professional associations of employers are required to exercise a process of selection among the workers with the object of achieving continuous improvement in their technical capacity and moral education.

XXV. The Corporative bodies shall ensure the observance of the laws on the prevention of accidents and the discipline of work on the part of individuals belonging to the federated associations.

XXVI. Insurance is a further expression of the principle of collaboration, and the employer and the worker should both bear a proportional share of its burden. The State, through the medium of Guilds and professional associations, shall see to the coordination and unity, as far as possible, of the system and institutes of insurance.

XXVII. The Fascist State proposes:
(1) the perfecting of accident insurance;

(2) the improvement and extension of maternity assistance;

(3) insurance against industrial diseases and tuberculosis as a step towards insurance against all forms of sickness;

(4) the perfecting of insurance against involuntary unemployment;

(5) the adoption of special forms of endowment insurance for young workers.
XXVIII. The workers' associations are required to act as guardians of those they represent in administrative and judicial suits arising out of accident and social insurance.

Collective labour contracts shall establish mutual sickness funds, whenever technically possible, through contributions provided by employers and workers, to bead ministered by representatives of both parties, under the supervision of the guild organ.

XXIX. The social assistance of the individuals represented, whether members or non-members, is a right and a duty of the occupational associations. The associations must exercise, directly, through their own organs their functions of social assistance and may not delegate them to other bodies or institutions, except for purposes of a general nature, transcending the interests of particular categories.

XXX. The training and education, especially the vocational education, of the individuals they represent, whether enrolled members or otherwise, is one of the principal duties of the occupational associations. These associations are required to work side by side with the National Leisure Time Institution (Opera Nazionale Dopolavoro) and other educative institutions.