National Agreement 2005 novelties and interpretations

1. National Agreement 2005novelties and interpretations

2. the topics • economic aspect • employment policies • executives • union relations • restructuring/reorganization and transfer of companies • transfer of the personnel • employment • confrontation at group level • supplementary corporate agreements • joint national commissions • collective disputes • working hours • training and professional development • social, health and safety policies • visually-impaired switchboard operators • robbery security • new parameter scale • generational solidarity contribution

3. economic aspect • The salary rise according to scale is calculated exclusively upon: • salary • seniority and the former reorganization bonus according to scale • per capita deriving from the former reorganization bonus according to scale • former production bonus for the rate that originally was variable • Norise of the different allowances has been agreed • No riseof the former minimum annual wage to be guaranteed in the passage to the 3rd executive level which remains €1,549.37 • Non-recurring allowance: • covers the period 1st January – 31st December 2004 to a 1.9% and is calculated exclusively upon the itemssalary and seniority and the former reorganization bonus according to scale • the non-recurring allowance is not due to the workers who by 31/3/2005: - have stopped working due to lawful dismissal - have stopped working for justifiable reasons - are dismissed without immediate right for retirement or old-age pension, with retirement bonus or in case of access to the Solidarity Fund • is only due pro rata to the new recruits of 2004 and to those who left in 2004 with an immediate right for non-incentive pensions • from the fiscal point of vue the allowance enjoys separate taxation

4. employment policies • Apprenticeship: a) the company will not be able to resort to the training agreement for a worker employed after 01/04/05 after using him with the integration contract, o vice versa b) the duration of the contract is 4 years and it will not be possible to stipulate contracts with shorter or longer duration c) the salary scheme provided for a worker with tasks of the 1st level 3rd professional area, are the following: - upon recruitment, 2nd salary scheme of the 2nd professional area - after the 1st biennium 3rd salary scheme of the 2nd professional area - after the 2nd biennium 1st salary scheme of the 3rd professional area by contrast, for those employed for the activities defined by art. 2 NA ’99: - upon recruitment 2nd salary scheme of the 2nd professional area - after the 1st biennium 3rd salary scheme of the 2nd professional area - after the 2nd biennium they will remain in the 3rd salary scheme of the 2nd area d) the contract must be stipulated in writing e) the contract can be full-time or part-time with a minimum of 25 hours per week f) the trial period must not exceed 2 months g) the protection period, once the trial period has expired, is 3 or 4 months h) seniority of service will be recognized (if confirmed): - entirely for the purposes of the calculation of the holiday brackets or the notice - limited to one biennium, for the purposes of seniority and the automatism i) the apprentices are excluded from the numbers for the application of the NA l) the apprentices have the right of assembly

5. Giving out of work: • The number of workers with a temporary contract in every company must not exceed 5% of the company’s personnel with open-ended contract • The company will not be allowed to employ with open-ended contract • Integration contract: • The regulations are those stipulated by the inter-union agreement dated 11th February 2004 • The number of workers with integration contract in every company must not exceed 5% of the company’s personnel with open-ended contract • Part-time work: • The regulations of the matter have been returned to a Joint Commission • According to an interpretation by ABI, not agreed with by the trade union, the part-time workers performing extra work may no longer be granted overtime pay, but merely compensation leave. • Temporary contract: • The regulations of the matter have been referred to a Joint Commission

6. EXECUTIVES • work performance • the work performance of the executives orients itself by the attainment of the prearranged targets and results, within a relationship based on trust. Hence, the legal regulations of the working hour restrictions do no apply to the executives. • the relevance of selfmanagement of the work performance is reaffirmed • in terms of selfmanagement of the working hours an “explanation on record” confirms the contents of the agreement dated 16/10/2002, in which the companies are invited to put into action all the organizational measures aiming at making selfmanagement of the performance effective (e.g. person in charge of small agencies) • the concept of “selfauthentication” of the executive levels 1 and 2, which the regulation provided for the levels 3 and 4 applies to, that leaves to the company the possibility of granting the executives a “special bonus” for particular time commitment in the course of the year, within the limits of the process of performance evaluation • possible corporate agreements regarding the selfauthentication are considered out-dated and therefore valid until 31/12/2004

7. traceableness • the contractual regulation is extended to all the personnel, the levels 3 and 4 are no longer owed the €58.13 allowance for every intervention carried out, but €30.68 for a 24 hours traceableness with a minimum of €13.95; • while for the personnel of the professional areas the time for the execution of the interventions is recognized as overtime, for the executives it is considered for the purpose of the selfmanagement of the work performance. • business trips • for all executives the subsistence money has been standardized; • for the entire category of executives, the daily travel allowance is payed from the 5th day onwards, whereas for the first 4 days flat-rate benefits are payed. • severance pay • the allowance sofar reserved to the levels 3 and 4 has been extended to the 2 lower levels. • key roles • the procedure for the introduction of key roles is broken down as follows: - in the office it must settled within 10 days; - in that session, new professional profiles must be identified for the levels 1 and 2 - in absence of solutions agreed upon, further mettings, with a possible assistance of the ABI national or territorial structures, to be settled within 25 days; • the benefit character of the economic key role compensation has been reaffirmed • for those executives who were granted the key role compensation for at least 12 months, this benefit will be permanently guaranteed as “ad personam allowance” and reabsorbable only in case of promotion.

8. fungibility • the fungibility has been extended as follows: - full fungibility between the 1st – 2nd and 3rd level - full fungibility between the 2nd – 3rd and 4th level - for the 3rd and 4th level with key role, it is possible towards the levels immediately below only • in the case of assignment of superior tasks, for the entire duration of the replacement, but not less than 5 months, the remuneration corresponding to the activity carried out by the higher salary scheme is due, it is not owed, however, in case of replacement of a worker with the right of conservation of the job (art. 2103 Civil Code) • transfers • in order to widen the margins of flexibility to control the territorial mobility of the personnel with, the provisions regarding transfer with or without change of residence, sofar reserved to the levels 3 and 4, have been extended to the levels 1 and 2 • for the executive levels 1 and 2 the right of “consense” to transfer reserved to the 45-aged who have matured 22 years of service passes from 30 to 50km • the exclusion of the consense for executives to be put at the head of a branch office has been confirmed • luncheon voucher no standardization has been made, the levels 3 and 4 remain excluded • health services no standardization has been made, it remains different for the first 2 levels compared with the higher ones

9. union relations • annual meetings During the annual meetings the companies will supply information on the following topics: • strategic perspectives (company’s state of affairs – strategic and organizational processes – application mode of the agreements signed); • structural profile (number of workers in service – employment trend – transfers made – qualitative and quantitative progress – employment per production unit and part-time jobs – forcast of the employment trend in the course of the year – territorial distribution of the counters) • quality of human resources (state of implementation of the agreements regarding: working hours – training – professional development and evalutation – incentive schemes) - the evalutation of the personnel is also possible based on shared indicators such as: realization of training plans – percentages of promotion – distribution of professional judgements and of the appeals rejected and accepted) • specific interventions (the former provisions have been amended by a new one regarding positive actions against sexual harassment and physical or psychological oppressive behaviour) • half-yearly meetings - in companies with up to 1,500 employees may be integrated in the annual meetings; - they can also be devided by territorial areas • national observatorium the results from the information on the quality of human resources will be used for the purpose of the observatorium in terms of corporate social responsibility

10. Restructuring/reorganization and transfer of companies • time limits of procedure the deadline for the meetings on the impacts of the restructuring or reorganization processes on the personnel, are lengthened from 10 to 15 days for the 1st phase and from 25 to 30 days for the 2nd phase • information on the assignment of share parcel this information must be supplied to the trade union bodies of the company sold, too • communication written communication must be provided to the worker transferred with the indication of: a) the reasons for transfer b) the duration of transfer • the worker transferred is owed: a) a corporate bonus payed by the transferring company b) an incentive bonus payed by the branch • trade union role the company is obliged to inform the trade union of any detachment of groups of workers in terms of: reasons – treatment – duration in order to search for shared solutions within 10 days after the information, but if no shared solution is reached, the company puts the provision into action anyway N.B. we remind that the law 30 regarding transfer stipulates that: - if the transfer implies a change of tasks, the worker has the right of consense - if the transfer involves a transfer of more than 50km, this is only possible for proved technical, organizational, productive or sostitutive reasons Transfer/detachment of personnel

11. employment • The procedure in case of a tense employment situation grows from 40 to 50 days; • Among the possible solutions apt to avoid traumatic interventions two different interpretations persist: - the trade union gives priority to the application of solutions like: part-time jobs – containment of overtime work – transfer of personnel etc., resorting to the “solidarity fund” only as the ultimate solution; - for ABI, however, the procedure is only one thus, if at the end the above measure are insufficient, the company may turn to the solidarity fund anyway • The procedure in case of a tense employment situation grows from 40 to 50 days at group level; • The illustration of the industrial plans, even in absence of job strain, will be addressed to the trade union delegation of the group, that may be integrated by maximum 3 representatives of the trade unions of the companies involved in the plan. • The date on which the agreements enter into effect is fixed as not earlier than 1st January 2004 and that of expiry as 31st December 2007 confrontation at group level supplementary corporate agreements

12. joint national commissions • The following joint national commissions have been constituted: a) remote control b) easy terms and allowances for study reasons c) supplementary allowance d) C.a.s.di.c. (National welfare fund for the employees of the credit institutions) e) part-time f) security • For the analysis of the corporate disputes, deriving from interpretative questions or violations of contractual rules either side (ABI or national secretaries) may call for a meeting to be held in the ABI offices within 7 days from the request with the aim of searching possible solutions collective disputes

13. Working hours • The working hours remain fixed at 37 and 30 minutes per week • hour bank Concerning the recovery: • the period of time during which recovery is possible has been prolonged from 4 to 6 months • the deadline by which the above period of time is used by the worker subject to notice has been prolonged from 10 to 24 months • once the 24 months have expired, the company will fix the recovery within the 6 months to come, subject to agreement with the worker, that will have to be brought into effect within 6 months • workshifts • for telephone banking activity (call center and contact center) it will be possible to distribute the working hours, rather than from Monday to Saturday, from Monday to Sunday between 6 and 22 o’clock • in compliance with the provisions of art. 1 of the legislative decree 66/2003, the individual maximum limit of night shifts of 80 times per year, regards only the service of more than 2 hours between 22 and 6 o’clock • for the evaluation of the health state of the night shift workers refer to the provisions of the above legislative decree, too

14. holiday • the workers of the professional areas, are entitled to a period of 20 days holidays to be proportioned according to the months of service performed in the year of recruitment, calculating a month initated as a whole • for the disabled workers, this period of time may however not be inferior to 6 days if the recruitment occurred in the 2nd half of the year and 12 days if it occurred in the 1st half of the year • in case of monetization of untaken holidays at the moment of termination of the work relationship, the former increase by 20% has been eliminated in favour of the criterium of 1/360 of the annual remuneration for every day of the untaken holidays.

15. training and professional development • The untaken hours comprised in the ceiling of 50 per year, may be used within 9 months after the expiry of the period • illness and injury • protection period: - from 6 until 24 months depending the seniority - the extension has been prolonged in case of acquired immuno-deficiency syndrome (AIDS) - the company commits itself to signal the imminent expiry of that period - the duration of unpaid leave the employee can ask for on imminent expiry of the protecion period has been lengthened from 4 to 8 months in case of non-stop use, whereas the maximum leave, shared out in a five-years period has been risen from 6 to 12 months • the possibility of benefitting from unpaid leave for not more than 3 years in cases of proved drug addiction or chronical alcoholism, with the commitment to undergo a therapeutical program and rehabilitation, is provided social, health and safety policies

16. visually-impaired switchboard operators in pursuance of the legislative regulations the daily indemnity has been fixed at €6 In pursuance of the legislative regulations on the matter, the robbery risk must be considered for the purpose of the document of risk evalutation provided by the law 626 robberysecurity

17. parameter scale • The parameter scale has been changed as follows: • N.B. The parameter scale remains unchanged for all the other salary schemes: the base 100 in on clerks.

18. generational solidarity contribution • The personnel employed after 19th December 1994 is owed an additional 1% on the company contribution for financing the supplementary welfare bonus provided that: a) the contribution results inferior to that of the so-called “senior member” personnel with the same salary scheme b) the contribution does not exceed the maximum contribution of the aforesaid personnel; c) the additional quota does not exceed 3% of the total contribution Examples