"The restoration of the social clause in contracts is a great result for which
CGIL, CISL and UIL fought strongly. It is a norm of guarantee and civilization inwork that cannot and must not be removed". ---- This is the comment of the CGILSecretary General Maurizio Landini on the amendment presented and approved in theChamber on the reintroduction of the obligation of the social clause in tenders.---- There is no doubt that this step has improved the previous drafting of thetext on the procurement code where the mere "right" to apply the social clause,rather than the obligation, was envisaged; therefore we can consider it a stepforward, at least in the cultural dimension for which the right to keep the jobbecomes central,In fact, the jurisprudence has constantly clarified that the Social Clause canNOT be understood "in the sense of entailing an absolute obligation for thecompany awarded a public contract to hire for an indefinite period and in anautomatic and generalized form the total staff already used by the previousenterprise (Judgment of the Council of State section III 29/11/2021 nr 7922).Therefore, beyond the approved amendment, we must be aware that the legislativenorms still fall within a capitalist logic which tends to interpret them in a waythat is certainly not favorable to the workers concerned.Everything always depends on what power relations are in place and, certainly, inthe case of contracts, especially those concerning "weaker" working realities(cleaning, canteens, construction, etc.)) they are often not the most favorablefor workers and the workers involved.The basic problem, let's say, lies precisely in the logic of procurement. We mustbegin to clearly state that this logic must be overcome because the massive useof the procurement chain produces precariousness, illegality, undeclared work andlast but certainly not least, poor safety at work.We also see it in the now famous PNRR, where on procurement and subcontracting wefind that push towards the so-called simplification seen as an overcoming ofconstraints considered limits to the freedom of businesses, and where substantialregulations are introduced in subcontracting that further liberalize the use ofthe same, making always The tracing of the subcontracting chain with all that canderive from it in terms of transparency and safety is more complicated.Precisely this last aspect is what most of all should cause us to worry becausethe causal link between the now generalized policy of the contract and themultiplication of accidents at work is increasingly evident.It is an established fact that the greatest dangers lie where there is asegmentation of the production cycle that makes the control chain complicated, ifnot impossible, as regards the application of safety standards. Nor can it bedenied that the use of contracts and subcontracts has produced an ever greaterprecariousness of work where the priority need of workers is to keep their jobs,often to be defended even to the detriment of the protection of their health andsafety. .And it is precisely this recourse to procurement and subcontracting in allproduction areas that produces a dangerous fragmentation in increasingly smallercompanies in which the workforce is certainly weaker and where due attention tosafety is rarely found, for economic reasons. certainly, but also cultural.And then, taking up what was already stated in a previous article on this topic(1), we must begin to question this run-up to the procurement system because theyproduce exploitation, reduction of rights and are the clear demonstration of howin this capitalist system the value and the dignity of work are alwayssubordinated to economic logic.We need to reverse this paradigm and start rejecting the procurement logic iscertainly a step in that direction.Note:1) Contracts and subcontracts, fragmentation of production cycles, extension ofthe types of precarious employment relationships, individualization of employmentrelationships, outsourcing and contracts, "Il Cantiere, n. 5, February 2022".Taken from the magazine "Il Cantiere" Materials of the Communists-Anarchists forthe class struggle n. June 9ilcantiere@autistici.org - Alternativa Libertaria / Fdca (Italy)_________________________________________A - I N F O S N E W S S E R V I C EBy, For, and About AnarchistsSend news reports to A-infos-en mailing listA-infos-en@ainfos.ca
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