Nortel's case. Recent developments and possible scenarios.
The Canadian multinational, ; in crisis, has entrusted to ERNST & YOUNG proceedings Credit Protection, or a form of administration that provides for the sale of corporate assets.
In Italy the Nortel employs 80 employees between Rome and Milan. 'company small but healthy.
The procedure starts abroad, thanks to Community agreements includes clauses Anglo-Saxon. The
collective dismissal without just cause and denial of severance pay, are foreign elements to ours, although battered, the Workers' Statute.
But an international treaty, the COMI, can circumvent the legislation.
Or not.
I went to ask ENZO Nardese , director of Nortel employees, the person who, by ANNOZERO screens, presented to the media the meaning of their battle.
Nortel's case may set a dangerous precedent in Italy in proceedings of Credit Protection?
For as we went to set up the story, it may actually represent a dangerous precedent. Any corporation, thanks to an English law applicable in Italy under a treaty, the Comi, can open a state of generalized crisis. Even in countries where the subsidiaries did not record losses.
Our case fits into this frame. And 'that is an example of the Administration launched on British soil and then extended to all branches of the EU countries.
The consequence is that this can not justify a dismissal of both collective and is not to recognize the TFR.
I that this could open a hole to go to attack many other rights under our Workers' Statute.
The national labor court in Milan has prompted, October 13, to reopen the comparison. Ernst & Young has taken on the request to withdraw the point of the 38 dismissals.
What has caused this sudden step backwards?
number of factors. Our initiatives and the pressure that we are able to create through the media attention / politics. The action brought by the trade unions on the basis of 'ARTICLE 28 of the Statute of Workers, to conduct anti-union.
And then the judge has made it clear to the representatives of Ernst & Young who were arguing with an English mentality, unable to interpret well the harsh realities of Italian. Specifically he suggested that there were means for the acceptance of this application. With the subsequent cancellation of the procedure and the reinstatement of all those workers. Tapering a scenario. That would have been even more difficult for the company so I guess that has seen fit to retrace their steps and see if there was room for negotiation before going to trial that could be extremely unfavorable. This is our impression.
the annulment of the 38 dismissed workers, the 80 employees of Nortel's what Italians call?
has opened a new window that allows us to address the issue of Nortel in its entirety.
Two divisions have already been sold. For two other the same fate is expected in early November.
All of these sales will cover the opening scenes that people made redundant. That is to say that there are workers involved in administration, rather than finance and control, which most likely will not be transferred to the purchasing companies. We want to be interested. We would like to discuss the business plan of Nortel, which has hitherto always remained in the shadows compared to a dominant discourse of a financial nature.
When you start your activities you expect such a media echo chamber? In your opinion, considering various aspects, from politicians to unions, without neglecting the aspect of information, what has sparigliato cards because if they were talking and you go back?
For the type of workers that we are, we refer to a tradition of workers' struggle. We relied on our expertise in the field of communication as a strategic marketing. But we did not expect anything. Basically we were interested in forms of struggle that did not contain any allegations to the workers.
But we were also aware that numerically, compared to the figures in this crisis, we represent a small case, even negligible.
Based on these considerations we decided to start our protest. display pictures of our children, as well as begin a hunger strike in front of the redundancies in the processing block and the severance pay in a deferred credit, were a way to show that we were to Enrst & Young people with families. And banks or suppliers.
All that came was a chain that was powered. Although at this stage I can not tell how much of what we did influenced.
On November 3, is scheduled another hearing at the Labour Court of Milan.
What do you expect changes in the last ten days?
The situation is really complicated. Both for us and for the company. It is likely that it went in one direction to put a little 'uncomfortable. Even the institutions, ministries, various stages traveled, are trying to bring E & Y practices within the Italian crisis management.
Until recently, the 'company had always rejected the comparison. Now that the system was revealed Italian law, we hope you feel moved to reach out to a location more shared, more satisfying for everyone. It is clear that the company has its difficulties. But the crisis can be addressed in different ways. Should make an effort by all to ensure that more workers can pass on buying companies. We believe we can do by introducing a political element to serve as the lever is for buyers who, after all, have contracts with the government. It is to make a speech that layoff, delaying the layoffs, the company cuts costs.
We believe there is a solution and is in these locations da seguire.
In Inghilterra per le aziende è più facile. I nostri colleghi inglesi della Nortel, quando sono stati licenziati, sono stati convocati in una stanza e lì si è comunicato loro che nel giro di 3 ore avrebbero perso il posto di lavoro.
E’ questo lo scenario cui sono abituati pertanto, paradossalmente, è possibile che l’azienda, che ha cominciato il procedimento di Credit Protection all’estero, non conosca la cornice che regola i rapporti di lavoro in Italia.
Stiamo cercando di farglielo capire con i sindacati, la classe politica, i media. Vediamo se ci riusciremo.
ROME October 23, 2009
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