World History

146.

The Fascist Charter of Labor, April 21, 1927

¹⁴

I

The Italian Nation is an organism endowed with a purpose, a life, and means of action transcending those of the individuals composing it. It is a moral, political and economic unit which finds its integral realisation in the Fascist State.

II

Work in all its various forms—intellectual, technical or manual—is a social duty. On these grounds, and on these grounds alone, it is brought under the supervision of the State.

From the national standpoint the whole of production represents a single process; it has one and a single object, namely the well-being of those engaged in production and the development of national power.

III

There is complete freedom of professional or syndical organisation. But syndicates legally recognised and subject to State control alone have the right to represent legally the whole category for which they are constituted; to protect their interests in their relations with the State or other professional associations; to stipulate collective labour contracts binding on all members of the particular category; to impose dues and to exercise on their account public functions delegated to them.

IV

The concrete expression of the solidarity existing between the various factors of production is represented by the collective labour contract which conciliates the opposing interests of employers of labour and of workers, subordinating them to the higher interests of production.

V

The Labour Court is the organ by means of which the State intervenes in order to settle labour disputes, whether arising from the application of contracts or other existing rules or from the formulation of new labour conditions.

VI

Legally recognised professional associations ensure legal equality between employers and workers, keep a strict control over production and labour and promote the improvement of both.

The Corporations constitute the unitary organisation of the forces of production and integrally represent their interests.

By virtue of this integral representation, and in view of the fact that the interests of production are the interests of the Nation, the law recognises the Corporations as State organisations.

VII

The Corporative State considers that in the sphere of production private enterprise is the most effective and useful instrument in the interests of the Nation.

In view of the fact that the private organisation of production is a function of national concern, the organiser of the enterprise is responsible to the State for the direction given to production. Collaboration between the forces of production gives rise to reciprocal rights and duties. The worker, whether technician, clerk or labourer, is an active collaborator in the economic enterprise, the responsibility for the direction of which rests with the employer.

VIII

Professional associations of employers are required to promote by all possible means a continued increase in the quantity of production and a reduction of costs. The representative organs of persons exercising liberal professions or arts and associations of civil servants must encourage arts, science and letters, with a view to improving production and to achieving the moral objects of the corporative system.

IX

State intervention in economic production arises only when private initiative is lacking or is inadequate or when political interests of the State are involved. This intervention may take the form of control, assistance or direct management.

X

Judicial action cannot be invoked in collective labour controversies unless the guild organ has first attempted conciliation.

Professional associations have the right in individual disputes concerning the interpretation and application of collective labour contracts to employ their good offices for the purpose of conciliation.

Jurisdiction over such disputes is placed in the ordinary Courts assisted by assessors appointed by the professional association concerned.

COLLECTIVE LABOUR CONTRACTS AND THEIR GUARANTEES

XI

Professional associations are required to regulate by means of collective contracts the labour relations existing between the categories of employers of labour and of workers represented by them.

Collective labour contracts are concluded between first grade associations under the direction and control of the central organisations except in the event of the exercise of the power of substitution by the higher grade association in the cases specified in the laws and statutes.

All collective labour contracts must, under pain of nullity, contain precise rules on such matters as disciplinary relations, trial periods, the amount and payment Of remuneration and hours of work.

XII

The action of the syndicate, the conciliatory efforts of the Corporations and the decisions of the Labour Courts shall guarantee that wages shall correspond to the normal demands of life, to the possibilities of production and the output of labour.

Wages shall be determined entirely without reference to any general rules by agreement between the parties to the collective system.

XIII

The consequences of crises in production and of monetary phenomena should be shared equally by all the different factors of production.¹⁵

The data furnished by public administrations, by the Central Statistical Office and by the legally recognised professional associations with respect to conditions of production and of work, the situation on the money market and the variations in the standard of life of workers shall, after having been co-ordinated and elaborated by the Ministry of Corporations, supply the standard for reconciling the interests of the various categories and of the various classes among each other and with the higher interests of production.

XIV

When the contract concerns piece-work and the payments due thereunder are made at intervals of more than fifteen days, adequate weekly or fortnightly sums on account are due.

Night work, with the exception of ordinary regular night shifts, must be paid at a higher rate than day work.

In cases where the work is paid at piece-rate, the rate must be such that a diligent workman, of a normal working capacity, will be able to earn a minimum amount over and above the basic wage.

XV

The worker has the right to a weekly day of rest which shall fall on Sunday.

Collective contracts shall apply this principle while taking account of legal conditions in force, of the technical necessities of the enterprise and, within the limits of these necessities, shall see that civil and religious holidays are observed according to local traditions. The working timetable must be scrupulously and zealously observed by the worker.

XVI

Workers in enterprises of continuous activity shall, after the expiry of a year of uninterrupted service, have the right to an annual period of rest with pay.

XVII

In enterprises of continuous activity the worker has the right, in the event of a cessation of labour relations on account of discharge without any fault on his part, to an indemnity proportional to his years of service. Similar indemnity is also due in the event of the death of a worker.

XVIII

In enterprises of continuous activity the transfer of the enterprise into other hands shall not put an end to the contract of labour, and the workers employed shall have the same rights with regard to the new employer. Similarly, illness on the part of the worker, provided it does not exceed a certain period, shall not put an end to the contract of labour. Call to military service or to services in the National Militia shall not be grounds of discharge.

XIX

Breaches of discipline or the performance of acts which disturb the normal working of the enterprise on the part of the workers, shall be punished according to the gravity of the offence, by fine, suspension from work, or in certain cases of gravity, by immediate discharge without indemnity.

The cases when the employer can impose fines, suspension from work or immediate discharge without payment of indemnity, shall be specified.

XX

A worker on taking up a new post must go through a period of trial during which both parties have a right to the cancellation of the contract merely by payment of the wage or salary in respect of the time during which the worker was actually employed.

XXI

The privileges and control of the collective labour contract extend also to domestic workers. Special rules shall be issued by the State in order to ensure the control and hygiene of domestic labour.

LABOUR EMPLOYMENT BUREAUS

XXII

The State alone can ascertain and control the phenomenon of employment and unemployment of workers, which is a complex of the conditions of production and work.

XXIII

Labour Employment Bureaus founded on a mutual basis are subjected to the control of the Corporations. Employers have the obligation to employ workers whose names are on the register of the said Bureaus and have the right of choice among the names of those who are members of the Party and the Fascist syndicates according to their seniority on the Register.

XXIV

The professional associations of employers are required to exercise a process of selection among the workers with the object of achieving continuous improvement in their technical capacity and moral education.

XXV

The Corporative bodies shall ensure the observance of the laws on the prevention of accidents and the discipline of work on the part of individuals belonging to the federated associations.

INSURANCE, ASSISTANCE, EDUCATION AND INSTRUCTION

XXVI

Insurance is a further expression of the principle of collaboration, and the employer and the worker should both bear a proportional share of its burden. The State, through the medium of Corporations and professional associations, shall see to the coordination and unity, as far as possible, of the system and institutes of insurance.

XXVII

The Fascist State proposes:

1. the perfecting of accident insurance;

2. the improvement and extension of maternity assistance;

3. insurance against industrial diseases and tuberculosis as a step towards insurance against all forms of sickness;¹⁶

4. the perfecting of insurance against involuntary unemployment;

5. the adoption of special forms of endowment insurance for young workers.

XXVIII

The workers’ associations are required to act as guardians of those they represent in administrative and judicial suits arising out of accident and social insurance.

Collective labour contracts shall establish, when this is technically possible, Mutual Sickness Funds, with contributions furnished by employers and workers, to be administered by representatives of both bodies, under the supervision of the Corporative organs.

XXIX

To assist the individuals it represents, whether members or nonmembers, is a privilege and a duty of the professional associations. The associations must exercise directly by their own organs the functions of assistance and may not delegate them to other bodies or institutes except for purposes of a general nature transcending the interests of single categories of producers.

XXX

The education and instruction, especially the professional instruction, of the individuals they represent is one of the principal duties of professional associations. These associations are required to work side by side with the National Leisure Time Institution (Dopolavoro) and other educational institutions.

¹⁴ Labour Charter. Introduction and Comment by Arnaldo Mussolini, Istituto Poligrafico dello Stato Libreria, Rome, 1933, pp. 11–27. (A few alterations in wording have been made for the sake of clarity.)

¹⁵ This sentence does not appear in the later versions of the charter.—Ed.

¹⁶ For a later tuberculosis insurance law, see Document No. 153.—Ed.