give one Employee bonus Who recommends this or that worker is it really possible? Or are there risks of violating certain labor law principles, such as leading to a potential court dispute? These are the questions that have a reason to arise, if we think of the controversy through which the measure adopted has arisen. Leonardo Spa., one of the flagships of Made in Italy.
After the award, there were various criticisms in the circles Unions – led by CGIL – and hence there are those who may think of the initiative as laudable from a moral point of view. But is it really so? Below we will clarify this issue, briefly recalling the case in question – noting Leonardo’s importance in the Italian business panorama – but we will also explain whether this bonus is legal and, if so, under what conditions. . Here’s what to know.
Short story
Before clarifying whether, and under what conditions, the practice of using employees to find new staff – and paying them for the service rendered – is legal, let’s briefly recall what happened. LeonardoAerospace, an international industrial group active in the defense and security sectors, has once again grabbed the headlines for a fresh initiative that Reward or bonus on payslip Workers who – in addition to engaging in their own work – source or recommend new talent, i.e. acquaintances, friends and figures in their ‘network’.
This is a case in particular Employee referral And the words suggest its American origin. The company can utilize the feedback of its employees, who already know the skills and qualities required for the new jobs. For example, if a company is looking for a new programmer, the IT team will know exactly which skills need to be strengthened and which will make it more complete.
In the case that interests us here, 1.500 euros There is a maximum amount Leonardo will assign as compensation in the payslip with typical salaries, as if to show – clearly – the difficulties the large group faces in finding qualified, ready and suitable candidates to fill the role of technician.
It is true that the remarkable growth of the aerospace sector has undermined the ability to find high-level profiles. That’s why Leonardo aims to increase its workforce – with thousands of new hires between now and 2028 – thanks to speeding up the recruitment process. Paycheck Bonus You have ad hoc. “Talent scout” employees. The bonus – defines the group – will however only be assigned in the event of an application resulting in the signing of a permanent contract.
Ai Unions However, the move in question was not well received at all, termed as inappropriate in terms of security Industrial relations and such as to remove the latter from the logic of Union negotiations (There should also be agreements that are consistent with workers’ rights), almost as if to diminish the role of CGIL and other acronyms.
Because reference to employees does not appear in collective agreements
There is no trace of this program in the well-known CCNL such as trade or metalworking. But that shouldn’t be surprising. Simply, this is a topic that lives in orbit. Internal recruitment policies and which, rather, is regulated in the policies or regulations of the company, with the provision of ad hoc bonus or bonuses in the pay slip.
At the same time, no detailed reference to these measures appears in Italian law and this, as mentioned, is due to their nature which lends itself well to being internally regulated. is, with regulations that establish the methods of reporting, the privileges offered and the procedure for the selection of recommended candidates.
On the other hand, CCNL deals with topics of general relevance and broader and more fundamental issues, such as working conditions or holidays. While I Referral Program They are considered an optional subject and a matter of company policy rather than something to be regulated “from above”. That’s not it. A possible regulation in the CCNL may limit this. Flexibility and autonomy which characterizes and differentiates the recruitment process from one company to another.
But precisely the absence of collective agreements contributed to provoking the protests of the unions towards a practice – at least in their opinion – not free from ethical considerations and, in some way, neglecting the role of the social partners. Not able to.
Legitimacy of Employee Reporting Programs
Let’s come to the initial question. The aforementioned in Italy Employee referral is – in general – to be considered legal, but with some important clarifications. This recruitment process should indeed always be impressive. Principles of transparency, inclusiveness and non-discriminationwhich are the basis of labor law regulations.
But what does this mean in concrete terms? Well, the role of “talent scout” should be selected by employees:
- In compliance with privacy regulations and consent to the processing of personal data (GDPR and Privacy Code). In essence, anyone who refers a candidate must obtain the latter’s consent before sharing their information with the company.
- According to the rules of transparency and non-discrimination, on paper, everyone is placed in the same initial conditions. In other words, job offers must be – or should be – public in any case, even to allow the “not notified” to apply and participate in selection;
- Respecting the principle of equal opportunities, according to which the difference should not be based on the originality of the candidate’s recommendation, but on the actual abilities revealed later in the selection process.
At the beginning we mentioned ethical considerations.Employee referral And, indeed, this system of candidate selection should always be – or should be – used without. Personal preference or exchange of favors or other forms of “under the table” agreements.
In summary, the program in question – like the related bonuses – is not against the law, but has the ability to support companies – it is also a practical expression of its use. Free private economic initiative Which is referred to in Article 41 of the Constitution.
But be careful: companies enabling it must always respect legal regulations and ensure that the process remains transparent, non-discriminatory and inclusive. This will avoid potential dangers. Court disputes.
In essence, if it is a candidate who will make a difference in the various tests, interviews and assessments he will be subjected to, everyone on the paper should or should start on an equal footing at the start of selection.
