Identifier
Created
Classification
Origin
03ROME2846
2003-06-23 13:57:00
UNCLASSIFIED
Embassy Rome
Cable title:  

Labor Rights Referendum Fails Over Low Turnout,

Tags:  ELAB ECON PGOV IT UN 
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UNCLAS ROME 002846 

SIPDIS


DEPARTMENT FOR DRL/IL AND EUR/WE
DOL FOR ILAB/BRUMFIELD

E.O. 12958: N/A
TAGS: ELAB ECON PGOV IT UN
SUBJECT: Labor Rights Referendum Fails Over Low Turnout,
Relieving All Quarters

UNCLAS ROME 002846

SIPDIS


DEPARTMENT FOR DRL/IL AND EUR/WE
DOL FOR ILAB/BRUMFIELD

E.O. 12958: N/A
TAGS: ELAB ECON PGOV IT UN
SUBJECT: Labor Rights Referendum Fails Over Low Turnout,
Relieving All Quarters


1. SUMMARY: A year-long political drama over an obscure but
symbolically important provision of Italian labor law closed
with a whimper on June 16, when a national referendum on the
provision drew only a quarter of registered voters and
failed to qualify as valid. The dispute over the provision,
which governs compensation for workers who are improperly
dismissed, was always more about politics than substance.
The referendum confirmed what many observers had already
concluded: that most Italians did not view the provision as
an inviolable right affording them important protections.
The government, mainstream opposition and two of the three
labor confederations have found different vehicles to
develop pragmatic consensus on much-needed reforms to
Italy's rigid labor markets. All quarters hope the dispute
over Article 18 will soon quietly fade from view. The
referendum served its most useful function beforehand, in
stimulating progress on a package of meaningful labor market
reforms expected to enter into force in the fall. End
Summary.

The referendum (almost) no one wanted.


2. On June 15-16, Italians voted on a proposal to broaden
coverage of a labor law provision that was a major locus for
political confrontation in 2002. The provision, Article 18
of the worker's statute, governs employees' right to
reinstatement or compensation if they are improperly fired.
The referendum called for extending the provision to all
Italian workers; currently, small enterprises with 15
employees or less (over 80 percent of the Italian workforce)
are not bound by Article 18's provisions. It was held on
the initiative of the far-left Communist Renewal (RC) party
and FIOM, the biggest, most radical metalworkers union.
FIOM and its parent confederation, CGIL, collected most of
the signatures required to schedule the referendum.


3. Although those who turned out voted overwhelmingly in
favor of the provision (more than 85 percent),most Italians
chose not to vote. Less than 26 percent of the electorate
participated, well below the 50 percent-plus-one vote
required to validate the results. After a year of protests
and political skirmishes over the issue, the public lost
interest in ideological slogans on vested rights and in

personal competition between leaders. Moreover, few workers
considered Article 18 a crucial protective measure,
especially in the small companies, for which flexibility is
the key for competitiveness, that were the referendum's
target. Parliament also passed a meaty labor market reform
package, with the support or acquiescence of most of the
social partners, after the constitutional court approved the
referendum in January.


4. Almost all political parties encouraged voters to stay
home and abstain; only Communist Renewal actively campaigned
in favor. A committee organized by members of PM
Berlusconi's Forza Italia party and supported by Labor
Minister Maroni worked just as hard on a "no" campaign;
Italian cities were carpeted with the two campaigns'
respective posters. Two of the three major union
confederations, CISL and UIL, also favored abstention,
characterizing the referendum as the wrong vehicle
addressing the wrong issue. Even CGIL's leader, Guglielmo
Epifani, paired his call for a 'yes' vote with a new reform
proposal, based on a reimbursement system, and suggested
that the referendum was a mistake. Epifani sought to
balance a divided membership and find a way to reflect
FIOM's central role in collecting signatures for the
referendum, as well as the large portion of the
confederation's membership who supported the campaign in
favor of Article 18 promoted by Epifani's predecessor,
Sergio Cofferati. In short, most of the major participants
in labor-management relations and labor market reform will
breath easier now that the referendum has been defeated.

.was prompted by the political fight everyone sought


5. Article 18's transformation from political lightning rod
to afterthought provided a great window into Italian
political culture and calculus. After Berlusconi's
resounding victory in the 2001 elections, the center-left
was hamstrung by the lack of a credible political platform
and riven by disputes among its constituent parties and
their leaders; it badly needed an issue around which it
could rally the faithful and sharpen differences with the
new governing coalition. For its part, the government


announced its intention to abandon the social partnership
called `concertazione' - a time-honored Italian form of
consensus-building that afforded unions substantial roles in
social and economic policymaking. Both government and
opposition (with prompting from CGIL, which decided to use
the issue to galvanize opposition to the Berlusconi
coalition) settled on revisions to Article 18 as the ideal
vehicle to address their respective objectives.


6. Italy's trade union confederations were threatened by
their potential loss of influence, and a Cofferti-led CGIL
decided to use the confederation's organizational talents
and influence on public opinion to lead an ideological
campaign against the government based on the defense of
Article 18 -- an approach initially supported by the other
two major confederations as well. Cofferati's approach
dovetailed nicely with that of Communist Renewal, which
tried to use the Article 18 debate to peel away supporters
disgruntled by the center-left's perennial infighting.


7. When the Berlusconi government agreed in July 2002 to
seek broad agreement on social and economic policy via a
return to "concertazione," the more centrist-minded CISL and
UIL confederations abandoned the campaign against Article 18
and agreed to support an experimental suspension of its
provisions for some workers. Today, thanks to a new CGIL
leadership and the new strength of the opposition, the
reform of labor market is largely considered a priority for
which both sides are proposing more pragmatic solutions to
promote job creation and new kinds of flexibility and social
security.


8. The recent electoral success of the mainstream center-
left and the electorate's apparent impatience with the lack
of substantial reforms and improvements in Italy's economic
performance have boosted efforts to develop a shared
pragmatic approach to labor market reform. A proposed
reform of Article 18, based on arbitration and financial
compensation, is under discussion within the center-left,
linked to the request for a new the Statute to provide the
new categories of nontraditional, "atypical" workers with
the types of rights and benefits, including public pension
and social services, enjoyed by classic full-time employees.
A compromise over this additional reform proposal could
finally resolve an issue that until now has generated far
more theatrics than results.

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2003ROME02846 - Classification: UNCLASSIFIED