The situation is different in the public sector, where, since 1997, there has been legislation defining who has the right to negotiate.  This is very similar to the rules agreed with the INPS and requires a 5% representativeness assessment to participate in the negotiations and the support of the unions with a combined 51% representativeness assessment for an agreement to be valid. The score is calculated as the average of the members and the union help during the elections in the workplace. These agreements stipulate that a company agreement is valid in the case of an RSU if it is approved by a majority of RSU members. In companies where union representatives have been appointed directly by the unions – the trade union body of this structure is called RSA – the rules are slightly different. In this regard, the agreement must be approved by representatives who, together or separately, have the support of a majority of union members in the company. In addition, all workers can be required to vote on the agreement if one of the unions concerned or 30% of the workforce request it. For this vote to be valid, more than 50% of the voters must participate and the agreement can be rejected by a simple majority of the voters. The January 2014 agreement also states that, while the inter-trade agreement does not contain provisions authorising such changes, they may nevertheless be agreed at company level in the areas of performance, working time and work organisation, in order to `deal with crisis situations or significant investments that benefit the economic development or employment of the company`.
(This was already in the 2011 agreement.) It also confirms previous rules requiring customers to terminate the contract when the contractor applies another NCBA or does not pay salaries or social security contributions. In this case, the agreement provides that the workers concerned will be reinstated by the new contractor under the same conditions of employment. In the absence of a national collective agreement, the assessment of the proportionality and adequacy of the wage granted to a worker in accordance with Article 36 of the Italian Constitution shall be carried out by the Labour Court taking into account the minimum wages set by any national collective agreement applicable in the sector in which the employer operates. On 3 December 2017, two years after its expiry, the sectoral organisations of social partners renewed the NCBA for logistics, freight transport and delivery of goods, which comprises around 700,000 employees and remains in force until 31 December 2019. . .