Appalti pubblici, tutele sociali e ruolo di istituzioni e sindacato nel contesto locale

Public procurement, social protections and the role of institutions and trade unions in the local context, by Federico Martelloni The article examines the role of trade union in outsourcing processes, with particular regard to the public sector, reporting - already under the old Public Procurement Code (Legislative Decree 18 April 2016, n. 50) - considerable activism of the social partners especially at a local level, aimed at regulating the conduct of the contracting authorities, both when preparing tender notices and during the execution of contracts The Author examines various "Memoranda of Understanding" whose signatories, on the public actor side, are Regions or Municipalities (and, in some cases, also universities and Multi-utilities); on the side of the social partners, the most representative Trade Unions (CGIL, CISL and UIL) and, sometimes, also the employers’ representatives. The clauses with greater potential are highlighted in the new regulatory context (Legislative Decree 31 March 2023, no. 36): first of all, those that impose information and consultation obligations, useful both for regulating successive contracts and for guaranteeing employment, and to identify the applicable collective contractual treatment, to avoid social dumping. Numerous protocols signed by the social partners also introduce quantitative and qualitative limits to subcontracting and provide for negotiated management of the so-called social clauses. Keywords: public contract, subcontracting, Social partners' protocol; collective agreement, information and consultation, social clause, equal treatment.