Sunday, 5 January 2014

Law of February 5, 1934: On Guilds


Vittorio Emanuele III
By the grace of God and by the will of the Nation
King of Italy

The Senate and the Chamber of Deputies have approved;
We have sanctioned and promulgate the following:


Constitution and Functions of the Guilds

Article 1. The Guilds provided for by art. 6 of the Labor Charter by Law No. 563 of April 3, 1926, and by Royal Decree No. 1130 dated July 1, 1926, are constituted by Decree of the Head of Government, upon the proposal of the Minister of Guilds, having heard the advice of the Central Corporative Committee.

Article 2. The Guilds shall be chaired by the Minister or the Undersecretary of State, or by the National Fascist Party's Secretary who shall be appointed by Decree of the Head of Government.

Article 3. The constitutive Decree of the Guilds determines the number of the members of the Council and the number of those who shall be appointed by each related Association. The appointment shall be approved by Decree of the Head of Government upon the proposal of the Minister of Guilds.

Article 4. Within the Guilds, in which categories of different branches of economic activity are represented, special sections shall be set up. Their deliberations should be approved by the Guild.

Article 5. The Head of Government may decide that two or more Guilds be convened for issues concerning different branches of economic activity. Joint Guilds shall have, as regards such issues, the same powers that are conferred by the following articles upon a single Guild.

Article 6. The Head of Government, by his Decree, upon the proposal of the Minister of Guilds, having heard the advice of the Central Corporative Committee, shall constitute Corporative Committees aimed at the regulation of specific products, and it shall include the representatives of economic categories, of the Government and of the National Fascist Party. The deliberations of the aforementioned Corporative Committees are subject to approval by the competent Guilds and by the General Assembly of the National Council of Guilds.

Article 7. The Associations that are joined together in a Guild shall become autonomous in the field of the trade-unions, but they shall remain part of the respective Confederations in compliance with the provisions issued by the Minister of Guilds.

Article 8. In addition to exercising its attributions as provided for by Law No. 563 of April 3, 1926, and by Royal Decree No. 1130 of July 1, 1926, the Guild shall serve the purpose of formulating the norms regarding the collective regulations of the economic relationships and the unitary discipline of production. The Guild shall exercise such functions upon the proposal of the competent Ministers or by request of one of the connected Associations, with the approval of the Head of Government.

Article 9. In compliance with art. 12 of Law No. 206 of March 20, 1930, before being approved as referred to in art. 11 of the present Law, the agreements negotiated by unions that are joined together in a Guild shall be submitted to the Guild for examination.

Article 10. As concerns the issues which fall under its competence, the Guild shall, in accordance with the modalities outlined in art. 8, paragraph 2, determine the rates for work and services performed, and the rates of the price of the consumer goods which are offered to the public in conditions of privilege.

Article 11. The provisions, agreements and rates outlined in the above articles, shall be subject to the approval of the General Assembly of the National Council of Guilds and they shall become compulsory when published by Decree of the Head of Government to be inserted in the official body of Laws and Decrees of the Kingdom. As regards the penalties to be inflicted, in case of violation of the above provisions, agreements and rates, the measures provided for in the collective labor contracts shall be applied.

Article 12. The Guild shall, whenever required by the competent public Administrations, formulate advices on issues related to the branch of the economic activity for which it has been constituted. The Head of Government, by his Decree, shall establish that the public Administrations require the advice of the competent Guild on specific issues. By the constitutive Decree of the Guild or by successive Decree to be inserted in the official body of Laws and Decrees of the Kingdom, the Head of Government shall abolish the consultative Committees existing for the economic area for which the Guild has been constituted, whatever be the kind of measures that set up the said Committees.

Article 13. The attempt to reconcile collective labor disputes shall be made by the Guild by means of a conciliation Board that must be composed of members of the Guild itself, who shall be chosen each time by the President according to the nature and the object of the disputes.

Article 14. All provisions that are contrary to, or inconsistent with, this Law shall be repealed. The King's Government shall issue provisions in order to coordinate this Law with Laws No. 563 of April 3, 1926; No. 206 of March 20, 1930; No. 834 of June 16, 1932; No. 141 of January 12, 1933; and with the other Laws of the State.

Article 15. The structure of the organs of the National Council of Guilds shall be modified by Royal Decree, upon the proposal of the Head of Government, subject to the authority of the Council of Ministers.