10.6092/issn.1561-8048/15454
This paper analyses the increasing importance of occupational welfare in some European countries, considering the characteristic welfare model and the public policies adopted to promote it. Following the needs arising from the Covid 19 pandemic, attention is focused on three work-related areas: Health care, work-life balance, and training, all of which are closely linked to the 2030 Agenda Sustainable Development Goals. The different roles of the various social partners will also be analysed in terms of the need to negotiate and align the professional well-being of the future with an ecosystem that puts the individual, the company, and the territory at the centre.
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Anna Maria Battisti
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Italian Labour Law e-Journal
Comparative Research
Occupational welfare in Europe: models compared
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Anna Maria Battisti
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Occupational welfare in Europe: models compared
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Occupational welfare in Europe: models compared                                             Italian Labour Law e-Journal
Anna Maria Battisti                                                                                Issue 2, Vol. 15 (2022)
battisti@economia.uniroma2.it                                                                            ISSN 1561-8048
                                                                          https://doi.org/10.6092/issn.1561-8048/15454




      Occupational welfare in Europe: models compared
                                            Anna Maria Battisti*

 1. Introduction. 2. The Mission of Occupational Welfare. 3. The Interplay Between VOW
 and Public Welfare. 4. Needs and Expectations in the Labour Market After the Pandemic.
 5. Traditional Areas of Occupational Welfare: Healthcare. 6. Dynamic Areas: Work-Life
 Balance. 7. Follow-up: Continuous Training. 8. Occupational Welfare and Trade Union
 Relations. 9. The Win-Win Logic of Occupational Welfare. 10. Conclusions.




                                                         Abstract

     This paper analyses the increasing importance of occupational welfare in some European
     countries, considering the characteristic welfare model and the public policies adopted to
     promote it. Following the needs arising from the Covid 19 pandemic, attention is focused on
     three work-related areas: Health care, work-life balance, and training, all of which are closely
     linked to the 2030 Agenda Sustainable Development Goals. The different roles of the various social
     partners will also be analysed in terms of the need to negotiate and align the professional well-
     being of the future with an ecosystem that puts the individual, the company, and the territory at
     the centre.

     Keywords: Occupational Welfare; Traditional and Dynamic Fields; Union Relations;
     Comparative Research.



 1. Introduction.

    Occupational welfare is an increasingly consolidated and widespread phenomenon, not
 only in Italy and Europe, but now throughout the world, even if it is practiced differently in
 non-European areas.
    While it is true that occupational welfare is an important indicator of corporate social
 responsibility (CSR) and implies a profound change in corporate culture, it is also true that
 several variables play a crucial role.1 These include not only corporate culture, but also the
 social and cultural fabric in which the company is embedded, the system of public welfare



 * Associate Professor in Labour Law at the University of Rome, Tor Vergata. This essay has been submitted to
 a double-blind peer review.
 1 See recently, TIRABOSCHI M., (ed.), Welfare for people. Quarto rapporto su Il welfare occupazionale e aziendale in Italia,

 Adapt University Press, 2021.
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                                                                                                       Section: Miscellaneous




already in place in the country concerned, and, finally, public policies to promote
occupational welfare.2
    The aim of this paper is therefore to assess the development trend of Voluntary
Occupational Welfare (VOW), i.e. the totality of welfare benefits and services provided to
workers by the social partners, i.e. employers and trade union organizations, by carrying out
a comparative analysis between different Member States characterized by different models
of welfare and industrial relations.3
    Given the complexity and heterogeneity of the institutions under consideration, the
concept of occupational welfare appears rather general and unsystematic upon closer
examination, making it important to distinguish benefits according to the nature and needs
of the recipients.4 Since it is difficult to list all the measures that characterize occupational
welfare, it is appropriate to focus on three different areas: Health care, work-life balance, and
training.
    This choice is explained by the fact that the most widespread forms of VOW are
supplementary health insurance and income support (in case of illness) in health, agreements
on flexibility or reduction of working hours in work-life balance, and the offer of courses in
professional training.
    Moreover, the link between these occupational welfare measures and the Sustainable
Development Goals of the 2030 Agenda cannot be underestimated. Of particular importance
is Objective 3 ("Good Health"), which concerns the protection of the health and well-being
of all people, regardless of age, since all are considered equally important. It is precisely in
this context, for example, that the various occupational welfare measures in health care and
other complementary services should be seen. Especially because of the Covid 19 pandemic,
an increasing number of companies have taken measures to ensure the maximum well-being
of their employees by trying to prevent or alleviate physical, social, and psychological
hardships, for example by providing ad hoc services and specific benefits (financial or
otherwise) and/or by creating a working environment that promotes health and safety at
work,5 as much as possible.
    It is also worth mentioning Objective 5 on "gender equality" and the increasing attention
that companies are giving to the introduction of flexible working time models such as "smart
working" to facilitate work performance in terms of work-life balance. Objective 4, which concerns
the "quality of education", should be mentioned here to reflect the growing number of


2 Alvino I., Ciucciovino S., Romei R., (eds.), Il welfare aziendale Una prospettiva giuridica, Il Mulino, Bologna, 2019,
23.
3 The reference is to France, UK, Sweden, Germany, Italy, Spain, Holland, and Scandinavia, with mention also

of the United States. In this regard, see also the project “Providing Welfare through Social Dialogue”
(ProWelfare), founded in 2013 and funded by the European Commission, and coordinated by the European
Social Observatory and the European Trade Union Confederation. The eight countries under scrutiny were:
Austria, Italy, Germany, Poland, UK, Sweden, Belgium, Spain.
4 See generally: Tiraboschi M., nt. (1), XVIII; Alvino I., Ciucciovino S., Romei R., (eds.), nt. (2), 20; Giubboni

S., The Social Partners and the Welfare State in Italy: Challenges and Opportunities, WP CSDLE “Massimo D’Antona”,
IT- 388/2019, 10; Chiaromonte W., Vallauri, M.L. (eds.), Modelli ed esperienze di welfare aziendale, Giappichelli
Editore, Turin, , 2018, 42 ff..
5 See in particular Pandolfo A., Principi costituzionali e regole del welfare contrattuale, in TREU T. (ed.), Welfare aziendale.

Migliorare la produttività e il benessere dei dipendenti, Milan, 2013, 88-89.

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initiatives proposed by companies to support education, both for the younger age groups,
through the provision of grants and scholarships, contributions to school costs and support
of a psycho-educational nature, and for the more mature workers, through refresher courses
and continuous training on purely technical issues related to the work performed or, more
generally, on important aspects of daily life (e.g. courses on health and nutrition).


2. The Mission of Occupational Welfare.

    The mission of occupational welfare is significant when considering the social and cultural
context in which the company is embedded, in this case the welfare model in place in Europe.
Currently, there are two predominant models. The first, the Scandinavian one, is known for
the high level of public services offered to citizens and is characterised by a low prevalence
of occupational welfare.6 The second is the high-prevalence welfare model characteristic of
Mediterranean Europe and France, where firms still face significant development margins to
meet growing worker demand for a wide range of services, including health care (the most
in-demand), education, and family support.7
    Finally, it is worth looking beyond Europe, in this case to the United States,8 where public
health care is limited, and any treatment (even simple first aid) has exorbitant costs. For this
reason, occupational welfare could be a win-win solution for employees, companies, and the
state if the latter does not have the necessary resources to cover public spending in certain
areas such as healthcare.
    The expansion of a "second welfare system" or a "private welfare system," of which
occupational welfare is one type, entrusted with the implementation of voluntary
complementary social protection programmes in areas where public intervention is
increasingly declining,9 thus seems to be a widespread tendency in advanced countries, aimed
at responding to the changing and growing needs of citizens.10
    It is true, however, that the openly declared demand for occupational welfare in most
European countries was not understood by all as a substitution of public for private
spending.11 In many countries, occupational welfare almost always plays a complementary
role to public welfare. Germany and England are exceptions in vocational training, where it
takes the place of public intervention, as will become clear in the following discussion.



6 Natali D., Pavolini E., Vanhercke B., (eds.), Occupational Welfare in Europe: Risks, opportunities and social partner
involvement, ETUI, 2018, 239-257.
7 Mapelli L., The development and determinants of “occupational welfare” in the recalibration of European welfare regimes: a

comparative perspective, Working Paper 2WEL 1/2017, available at: https://www.secondowelfare.it/working-
paper/the-development-and-determinants-of-occupational-welfare-in-the-recalibration-of-european-welfare/.
8 Rosner D., Markowitz G., A Short History of Occupational Safety and Health in the United States, in American Journal

of Public Health, 110.5, 2020, 622-628; Alvino I., Ciucciovino S., Romei R., (eds.), nt. (2), 16.
9 Granaglia E., Il welfare aziendale e la sanità complementare. Alcuni costi nascosti, in Rivista delle Politiche sociali 2 (2017):

37-45.
10 Pizzuti F.R., (ed.), Rapporto sullo stato sociale 2019: Welfare pubblico e welfare occupazionale, Sapienza Università

Editrice, Rome, 2019.
11 Balandi G.G., Prefazione, in Chiaromonte W., Vallauri, M.L., (eds.), nt. (4), XV.



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3. The Interplay between VOW and public welfare.

    The interplay between public and private welfare varies from country to country. The
United Kingdom is characterized by a liberal welfare system, financed mainly through general
taxation, that aims to address poverty and the pressing needs of citizens rather than
guaranteeing the maintenance of status and acquired rights (as is the case in so-called
conservative-corporate regimes).12 Public spending on welfare in the United Kingdom is
below the average of other countries, except for spending on health and arbitration.
    Germany has traditionally been considered a conservative corporatist welfare state.
Occupational welfare (OW) has a long tradition in Germany, dating back to the 18th century,13
but the landscape of OW is quite heterogeneous, reflecting both the industrial relations
system and differences among policy areas in terms of public provision of benefits and
regulation.14 In other words, it is important to keep in mind that the regulation of OW is not
necessarily high on the political agenda of the social partners compared to other issues such
as wages, working conditions and job protection.
    As far as health care is concerned, the public sector is still more generous, which explains
the lower level of intervention by the various social partners. Vocational training, on the
other hand, is poorly regulated at the state level, allowing the social partners to play a leading
role in this area. Their involvement occurs first at the sectoral level, where the frame of
reference is defined, and then at the company level, where the measures and their
implementation modalities are determined. Finally, it is in work-life balance that the
interactions are greatest, since it is here that the public authorities lay the foundations for the
implementation of the measures promoted by the social partners.
    In this context, it should be noted that the German social protection system, even if
coherent and highly institutionalized, appears less generous today than in the past, which
obviously opens interesting scope for occupational welfare. Moreover, the degree of
institutionalization of the system is considerably strengthened by the inclusion in the German
legal system of the so-called Betriebliche Mitbestimmung, which regulates in detail the
relationship between the employer and the works council at the level of the individual
company and establishes several matters in which the employer cannot decide without the
consent of the works council. This institute is not only unique in the European panorama
but is also of particular importance for occupational welfare, as it potentially opens the way
for a wide range of measures to be agreed in each company that can best meet the needs of
the workers employed in that specific context.15
    However, as in other European countries, Germany has undergone numerous reforms in
recent years that have made the overall benefits of the system less generous, significantly



12 Esping-Andersen G., The Three Worlds of Welfare Capitalism, Cambridge, 1990.
13 See Borzaga M., Sviluppo del welfare aziendale, relazioni industriali, cooperative e partecipazione dei lavoratori: qualche
considerazione sul caso tedesco, in Chiaromonte W., Vallauri, M.L., (eds.), nt. (4), 49 ff.
14 Blank F., With or without you. Occupational welfare and public social policies in Germany, in Natali D., Pavolini E.,

Vanhercke B., (eds.), nt. (6), 103–123.
15 Borzaga M., nt. (13), 61 ff.



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reducing the weight of public welfare in favour of occupational welfare, which could play a
strategic role from this point of view.16
    Swedish welfare is certainly one of the most generous in Europe. This social protection
system, referred to the literature as the social democratic model, is characterised by universal
coverage, equal access to benefits, good redistribution of wealth, high levels of protection,
widespread use of public care services, and gender equity. The Swedish public system is also
an excellent example of stable, well-organised labour relations, with very high union density
and strong employer associations.
    The expansion of Swedish welfare occurred earlier than in many other European
countries. For this reason, the growth of public spending over the past twenty years has been
much lower than in other countries. Looking at the individual sectors, public spending on
services for families has been particularly high. In a country with such a generous public
welfare system, one might expect VOW to play a limited role. Instead, as the OECD points
out, voluntary private spending has increased significantly since 1990.
    In Sweden, the VOW website is seen as complementary to the public welfare system. In
most cases, the measures are introduced through collective bargaining at the industry level
because, as mentioned above, the Swedish labour market is characterized by a high degree
of unionization among employees and many companies affiliated with employers'
associations, and the industrial relations system is very centralized.17
    Although the most common means of regulating employee benefits is collective
bargaining, there are no legal barriers that prevent the employer from granting benefits
unilaterally as well. In particular, the company can establish measures either as a supplement
to the collective bargaining agreement or, if it does not apply a collective bargaining
agreement, as a substitute, with the result that implementation at the company level may
differ. Furthermore, the Swedish WOV is not as generous in the three areas of interest
(health, work-life balance, training). It should be noted, however, that health insurance has
become a frequently recognised benefit over the past decade.18
    In Spain, there is no legal basis for the acciòn social within the company (i.e., the set of
instruments, activities, or programmes to promote the social welfare of workers and their
families, provided that certain conditions, established on a case-by-case basis, are met),
although there have been some attempts at regulation in the past (during the Franco regime).
    However, these are additional benefits that vary depending on whether they are granted
in the public or private sector. The acciòn social in the private sector is characterised by an
extreme heterogeneity of measures compared to those for public administration workers and
finds its main source in collective bargaining. The analysis of the sources of collective
bargaining shows that the occupational welfare measures aimed at the family are the most
frequent and widespread.
    In Italy, the history of occupational welfare was shaped by the initiatives of enlightened
entrepreneurs, initially in response to the needs created by mass industrialization and
urbanization in the first decades of industrialism. In this scenario, the figure of Adriano

16 Guardincich I., Germany: Current pension system: first assessment of reform outcomes and output, OSE Research, 2010.
17 Esping-Andersen G., nt. (12).
18 Johansson C., Occupational welfare from a Swedish perspective, in Chiaromonte W., Vallauri, M.L., (eds.), nt. (4).



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Olivetti is noteworthy. His vision was to create a new type of company capable of completely
renewing society. The company should be first and foremost a "social environment of
coexistence" and not just a place of production, a system of people who should be guaranteed
a series of basic services by right. In this respect, the Olivetti worker appears privileged in
the eyes of the other workers of his time.19
    In Italy, too, occupational welfare is an increasingly widespread phenomenon that
highlights the growing limits of the public social protection system, which is unable to
respond to the new needs of a changing society by increasing public spending.20 However, it
is not a phenomenon that is evenly distributed: its application remains quite uneven,21 both
at regional level (most initiatives are concentrated in northern Italy) and by sector and size
of the companies involved (given the low participation of small and medium-sized
enterprises). 22
    From these considerations, the coexistence between the primary and secondary social
systems is still based on an integrative and/or complementary logic that expands the range
of services provided and the degree of flexibility of interventions.23 In short, the challenge is
to "ensure that the interplay is as virtuous as possible in terms of efficiency, effectiveness
and equity".24


4. Needs and Expectations in the Labour Market After the Pandemic.

   On the other hand, the need to satisfy new needs that can no longer be met by public
welfare is becoming increasingly apparent,25 in part because of their increasing
individualization.26 However, this urgency became particularly evident after the Covid 19
pandemic, the consequences of which were devastating not only in health terms but also in
economic and social terms.27
   Thus, needs have become more complex, the population is aging and unable28 to provide
for itself, and intergenerational relationships have changed. For Italy, it should be noted that


19 Olivetti A., Le fabbriche di bene, Presentazione di ZAGREBELSKY G., Rome, 2014, 18.
20 Tiraboschi M., Il welfare aziendale ed occupazionale in Italia: una prospettiva di relazioni industriali, in Diritto delle
Relazioni industriali, 1, 2020, 88.
21 Fornasier S., Lucchini G., Streliotto F., Vecchiato G., Welfare 4.0: Competere responsabilmente. Aziende con l’anima:

responsabilità sociale, welfare e community relation. Il caso WelfareNet, Franco Angeli, Milan, 2019.
22See the latest Welfare Index Report in SMEs, 2020, available at www.welfareindexpmi.it.
23 Alvino I., Ciucciovino S., Romei R., (eds.), nt. (2), 21 ff.
24 See Ferrera M., Introduzione, in Maino F., Ferrera M., (ed.), Secondo rapporto sul secondo welfare in Italia 2015, Centro

di Ricerca e Documentazione Luigi Einaudi, Turin, 2015, 5.
25 Ferrera M., La società del Quinto Stato, Laterza, Roma-Bari, 2019; Chiaromonte W., Dolores M.D., (eds.), Bisogni

sociali e tecniche di tutela giuslavoristica. Questioni aperte e prospettive future, Franco Angeli, Milan, 2018.
26 TREU T., Introduzione, Welfare aziendale, in WP CSDLE “Massimo D’Antona”. IT- 297/2016, 6.
27 Tiraboschi M., nt. (1), XXII.
28 According to the 2nd Rapporto Censis-Eudaimon on occupational welfare at www.censis.it. On the subject, see

also Barabaschi B., L’invecchiamento delle forze di lavoro quale sfida per gli active welfare regimes europei, Franco Angeli,
Milan, 2018. With reference to Germany, cf. Borzaga M., nt. (13); Blank F., Unemployment and Pensions Protection
in Europe: the Changing Role of Social Partners – PROWELFARE Country Report: Germany, OSE Paper Series,
Brussels, 29, 2016.

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public social welfare is characterized by strong familism, a dual system in access to benefits
(varying according to the professional category), the existence of a national health care
system, and various insurance systems, especially in pensions. Since the 1990s, however, a
long process of austerity has been underway in Italy, without the cuts in public spending being
offset by investments or reforms to ensure adequate risk coverage.29 This explains why the
growing debt and the need to limit public spending have brought to the fore the crucial role
of corporations and/or private individuals in protecting the more vulnerable groups of the
population and, more generally, in ensuring the well-being of all citizens.30
    Moreover, reforms have rarely effectively covered so-called "new risks," such as childcare
or long-term care. In the area of work-life balance, Italy has tried to catch up with other
European standards through the Fornero Law (Law 92/2012), but it remains a country
characterised by a declining birth rate, which will currently determine one of the most abrupt
and significant changes in its demographic structure, with a consequent decline in GDP.
    For this reason, the government has sought to implement measures to increase the birth
rate and promote work-life balance to achieve a minimum level of demographic sustainability
in the medium and long term.31 It is worth mentioning the so-called Family Act (Law No. 32
of April 27, 2022), which provides for the recognition of the general allowance and the
reorganisation of support measures for families with dependent children as of 2022. The
allowance is paid monthly either in cash or as a tax credit from the seventh month of
pregnancy until the eighteenth birthday of each child, with no age limit for children with
disabilities. The allowance is increased for each additional child and for a disabled child. A
minimum amount applies to the general allowance for all households, but it varies according
to the "equivalent economic situation indicator" (Isee).


5. Traditional Areas of Occupational Welfare: Healthcare.

   Comparative analysis shows that the percentage of workers covered varies by country and
intervention area, with a widespread in the health sector32 - in the wake of the Covid 19
pandemic - and an even spread in terms of work-life balance, which was affected during the
health emergency.
   There is little doubt that the health sector is the classic area of occupational welfare, which
varies according to the role played by the national health system in different countries.




29 See Rapporto annuale Istat 2019, La situazione del Paese, available at www.istat.it. See also Ferrera M., Hemerijck
A., Recalibrating European Welfare Regimes, in Zeitlin J., Trubeck D. M., (eds.), Governing Work and Welfare in a New
Economy: European and American Experiments, Oxford University Press on Demand, Oxford, 2003.
30 In this regard, see the OECD Report, Working Better With Age. On the subject, see also Prosperetti G., Gli istituti

di welfare e la loro necessaria revisione nella nuova realtà sociale, in Rivista del diritto della sicurezza sociale, 2019, 507 ff.
31 Agostini C., Natali D., Italian Welfare Reforms: Missed Opportunities for a Paradigmatic Change?, in Schubert K., De

Villota P., and Kuhlmann J., (eds.), Challenges to European welfare system, Cham: Springer, Berlin, 2016.
32 Thomson S., Mossialos E., Private health insurance in the European Union, London School of Economics and

Political Science, 2009.

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    This explains why in the United Kingdom, despite a free and universal National Health
Service (NHS), voluntary private spending on health is only 0.3% of GDP.33 Nevertheless,
private health insurance exists in the UK, guaranteeing, for example, access to faster
treatments and a more comfortable environment, as well as to a wider choice of specialists.
    In Sweden, VOW is not particularly prevalent in the health sector given the generosity of
Scandinavian welfare (public health spending is 7.3% of GDP).34 In the health sector, the
most widespread benefits are income support for accidents at work or illness. In the case of
sick leave, public social assistance pays 80 % of salary, and workers insured with the AFA (a
non-profit organisation founded in 1963 at the instigation of the labour parties and financed
by wage contributions and only in some cases by employers) are entitled to an additional 10
% after the first fifteen days of absence (90 days for civil servants). The same treatment is
provided in case of occupational disease or accident at work. In the latter case, the AFA
covers the entire discrepancy between wages and benefits. Among the other insurances that
can be taken out with the AFA, life insurance is widespread, guaranteeing a funeral allowance
and a compensation sum for family members in the event of the premature death of the
insured employee.35
    In this context, as mentioned earlier, the increasing use of health insurance as an
occupational benefit is worth mentioning. A few unions have purchased health insurance for
their members, although they are concerned about the impact that increasing use of private
health insurance could have on the public health care system in the form of a further decline
in the benefits offered.36
    There are two types of health insurance in Germany: statutory health insurance (SHI), which
covers about 90% of the population; and private health insurance (PHI). In 2013, there were
134 statutory insurers for SHI, from which German citizens and residents could choose,
mainly according to their profession. SHIs are administered by taxpayer representatives, who
in most cases are employers and policyholders, often represented by trade unions in their
profession. PKV, on the other hand, are private insurance policies that are traditionally aimed
at the public sector, the self-employed and employees with the highest incomes. Both
insurances allow access to outpatient and inpatient care (the main differences in service
providers).37
    Reforms over the past decade have reduced some of the benefits provided by SHI and
increased cost-sharing by the insured. However, competition among different insurers
(including among SHI themselves) does not encourage the use of preventive measures and
services (to reduce costs and non-mandatory expenditures), which are therefore
underdeveloped.

33 OECD, How Much is Too Much? Value for Money in Health Spending, in Value for Money in Health Spending, OECD,
Publishing, Paris, 2010.
34 Jansson O., et al., Sweden: Supplementary occupational welfare with near universal coverage, in Natali D., Pavolini E.,

Vanhercke B., (eds), nt. (6), 55–77.
35 The case of Sweden is peculiar. See: Jansson O., et al., Unemployment and Pensions Protection in Europe: the Changing

Role of Social Partners - PROWELFARE Country Report: Sweden, OSE Paper Series, 16, 2016.
36 Johansson C., nt. (18).
37 Borsch-Supan A., Quinn C., Taxing pensions and retirement benefits in Germany, MEA discussion papers, Munich,

September 3-4, 2015.

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    In Germany, VOW also intervenes by supporting income in the event of sick leave.38 The
public system provides that for the first six weeks, the employer pays 100% of the wages of
an employee hired for at least four weeks. After the sixth week, SHI provides income support
equal to 70% of the employee's gross wages until the 78th week. This is therefore a very
burdensome protection model for the employer, which is why it has been reformed several
times.39
    In Spain, the sickness benefits paid under collective agreements are not intended to
replace those provided by the public social security system, but to complement and enhance
them, so that the worker can receive 100% of his or her normal wages. Entitlement to
supplementary benefits is usually limited to occupational diseases and work-related accidents.
    In Italy, health care is managed by the Sistema Sanitario Nazionale (National Health
System - SSN), which is mainly financed by general tax revenues, although it has experienced
numerous cuts in recent years. A very important role in this context is played by the
supplementary health funds (recognised by Law 229 of 1999), which are part of the multi-
pillar system of the Italian reforms of the 1990s aimed at streamlining the single-pillar public
system. The funds have the dual purpose of providing coverage for services not offered by
the national health system (such as dental costs) and reimbursing costs incurred by citizens
in the SSN (such as ticket payments). In addition, the use of the funds has been encouraged
by the state through favourable tax regimes that have led to considerable expansion in the
sector.


6. Dynamic Areas: Work-Life Balance.

   While health care is the classic area par excellence, the area of work-life balance has gained
momentum, especially because of the coronavirus pandemic, although it has taken a different
course in the various countries considered.
   The UK is known for its liberal public welfare system, but over the years the state has
developed innovative work-life balance policies, along with a system of workplace welfare
incentives for services such as nurseries and childcare, for which the state provides a financial
subsidy of 20% of the costs incurred. All this has led many companies in the Channel to
offer their employees a wide range of support measures for flexibility in the workplace,
parental leave, and the family in general. 40
   Since 1997, several reforms aimed at improving the position of women in the labour
market have been implemented and have produced various concrete results41. The number

38 Borzaga M., nt. (13).
39 Blank F., Providing Welfare through Social Dialogue: A New Role for Social Partners? –Country Report: Germany,
Prowelfare Country Report, 2013.
40 Naczyk M., Occupational welfare in the United Kingdom: From skill retention tool to social protection only for legitimate social

risks. In: in Natali D., Pavolini E., Vanhercke B., (eds), nt. (6), 79–102; Seeleib‐Kaiser M., Fleckenstein T., The
political economy of occupational family policies: Comparing workplaces in Britain and Germany, in British Journal of Industrial
Relations, 47, 4, 2009, 741-764.
41 Cribb J., Emmerson C., What happens when employers are obliged to nudge? Automatic enrolment and pension saving in

the UK, in IFS Working Papers, W16/19, November 2016.

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of kindergartens has doubled, and almost all forms of parental leave (maternity, paternity,
and unpaid parental leave) have been gradually extended thanks to numerous tax benefits for
companies.42
   Businesses have played a leading role in the development of VOW. However, it is noted
that workers at the bottom of the corporate hierarchy, with a non-university degree, low
income, and a part-time contract, are excluded from this type of benefit, making highly skilled
workers significantly more likely to benefit than their middle- or low-skilled counterparts.43
Access is also related to company size, length of service, and industry sector.
   Finally, it is interesting to note that reconciliation benefits are more common in
companies where the presence of women on boards is more prevalent (i.e., where at least
75% of executives are women). In addition, many UK companies provide longer parental
leave periods compared to national legislation, as well as income support for female
employees during maternity leave and, in some cases, for the male parent, such that leave
guarantees almost 100% of salary.44
   Another measure that has gained acceptance in arbitration in the last decade is the
flexibilization of working time, which includes not only a reduction but also the possibility
of accumulating and recovering working hours, varying the beginning and end of the working
day, and special leave for family emergencies. More recently, telecommuting, "compressed
work schedules" (i.e., the same number of hours as full-time employment but on fewer days),
and full-day leaves for family reasons have also become popular.
   In this context, the reference to Sweden seems appropriate, since the Swedish public
system has guaranteed equal rights to both parents since 1974, even though it is still
predominantly women who take the leave. When it was first introduced, the Parental Leave
Act guaranteed workers six months of paid leave; today, the maximum has been extended to
480 days for each child. Paid leave may be taken jointly by both parents, except for a period
of three months taken by the mother and father alone. The calculation of the allowance
payable differs depending on whether parental leave is granted based on residence or
employment. It should also be noted that statutory parental leave for blue-collar workers is
supplemented by the provisions of national collective agreements, while white-collar workers
do not benefit from a corresponding supplement at the national level. Nevertheless, various
sectoral collective agreements regulate the right to supplementary benefits, both for blue-
collar and white-collar workers.45
   For this reason, an equal opportunity policy to support the family is undoubtedly a
success, both in terms of promoting gender equality and supporting families and children.
From this point of view, Sweden, probably more than any other country in the world, seems
to be at the forefront of achieving the goal of gender equality. Swedish women have one of


42 Van Wanrooy B., et al., The 2011 workplace employment relations study: First findings, Wers, 2011.
43 Riva E., Rizza R., Who receives occupational welfare? The importance of skills across Europe’s diverse industrial relations
regimes, in European Review of Labour and Research, 27, 2021, 97-112, available at:
https://journals.sagepub.com/doi/epub/10.1177/1024258920980635.
44 Naczyk M., nt. (40).
45 Thoresson A., Kullander M., Sweden: working life country profile ‘, Working Life Country Profiles, Eurofound,

European Observatory of Working Life, 25 November 2015.

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the highest labour force participation rates in the world, and significant progress has been
made in recent decades in terms of women's representation in political bodies.
   Sweden is also very progressive in terms of working time flexibility. Parents have the right
to work part-time until the end of their child's first year of school, as well as to take leave if
the child is sick. The percentage of employees who can vary the start and end of their working
hours is above average, as is the possibility of being absent from work for a whole day for
family reasons.
   Childcare services are mostly public, and expenditures in this area are mainly borne by the
state, municipalities, and to a lesser extent by parents depending on their income (low-income
families are exempt). The generosity of public care in this area explains why the percentage
of companies that offer a company crèche is significantly lower than the average in other
countries, as is the case for home care services.46
   In the context of balancing private and professional life, the German public welfare
system has developed a total of 156 support measures for families, including both services
and economic assistance. The impetus for these measures, called "adult worker support,"
resulted from the transition from a single-earner family model (in which one of the two
spouses took care of the family exclusively) to a model in which both spouses worked.
   The role of VOW in arbitration is mainly to integrate public expectations and extend
certain forms of protection. It is a new field of action that emerged in the 1990s, but without
ever being at the centre of social dialogue. A recent study47 shows that 90% of the collective
agreements studied contain at least one arbitration measure, even if the trend in this regard
has been decreasing in recent years.
   In this context, it is interesting to note that since the amendment of the "Works Constitution
Act" in 2001, conciliation and equality policies have become the responsibility of works
councils, which has given a strong boost to company collective agreements for conciliation.
   As far as childcare is concerned, the proportion of companies in Germany that offer
company childcare is below the average in other countries, partly because all childcare
facilities are publicly subsidized.48 As far as parental leave is concerned, legislation provides
for income support amounting to 65-67% of the previous salary. The maximum duration of
parental leave is fourteen months, which may be divided between the parents during the first
year of the child's life, with no parent taking more than twelve months.49 It is possible to
combine parental leave with part-time employment and to be absent from work through
unpaid leave until the child is three years old. As an alternative to parental leave and if the
company has more than 15 employees, the employee has the right to take part-time
employment and then return to full-time employment.50
   In contrast, the flexibilization of working time is less pronounced in Germany than on
average in other countries, although collective agreements contain a variety of instruments

46 On this topic, see Johansson C., nt. (18).
47 Klenner C., et al., Förderung der Vereinbarkeit von Familie und Beruf in Tarifverträgen und Betriebsvereinbarungen in
Deutschland: Eine empirische Analyse, WSI Discussion Paper, 184, 2013.
48 Seeleib‐Kaiser M., nt. (40).
49Kraemer B., Germany: Family benefit rule changes encourage parents to share childcare duties, EurWORK - European

Observatory of Working Life, Eurofound, 19 February 2015.
50 Blome A., The Politics of Work-Family Policy Reforms in Germany and Italy, Routledge, 2017.



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to reconcile work and family life (part-time, time off from work at times less suitable for
children, time off for family reasons, time banks, working time accounts), including
provisions on parental leave and childcare facilities.51 In this context, reference should be
made to the long-term account or value credit, which allows employees to defer part of their
salary to finance a long-term interruption in employment using social benefits.
    In the Netherlands, on the other hand, there is an innovative tool that is not practised in
Italy, namely the LCSS Fund (Life Course Savings Scheme), a flexible instrument that allows
employees to set aside part of their salary for the period of absence and unpaid leave. If an
employee does not use the amount accumulated over time, it is paid into a fund upon
retirement.52
    For France, three instruments should be mentioned, namely CET (Compte érpagne
temps), CESU (cheque emploi services universel) and OCIRP.53 The first instrument, defined
in Article L.3152-1 of the Labour Code, is an hourly account that allows the employee to
choose between a paid break from work or payment for overtime or leave54 not taken.
Collective bargaining establishes the criteria for the operation of the CET. The remuneration,
which corresponds to the value of the hours accumulated, is covered by a guarantee provided
by persons qualified in financial intermediation, such as banks, bilateral institutions, and
insurance companies.
    Upon termination of employment, in addition to the right to payment of the credit already
accumulated, there is the option of paying the credit to the Casse des dépots et consignations
or transferring it to other company savings plans, such as the PEE (plan d'érpagne
d'enterprise) or the PErCO (plan d'érpagne pour la retraite collectif). At settlement, the
amounts paid in are deducted from tax within certain limits and contributions are waived in
full. To encourage the employee to keep his job with CET until retirement, additional tax
benefits are granted.
    The second, the CESU, defined in Article L. 1271-1 of the Labor Code,55 is a voucher
with a predetermined value that can be spent on personal and family services and is financed
by the employer.56 The CESU payment voucher is a nominative payment voucher with a
predetermined amount that can be issued by the employer or by other structures authorized
by the Direction Générale des Entreprises, such as a works council or an organization that
provides social benefits, which determine both the amount of the CESU and the benefits to
which one has access. This measure was made possible by a generous system of tax and
contribution incentives from the public authorities.57

51 Borzaga M., nt. (13).
52 ReFlex, Welfare aziendale: approcci e strumenti, 2020, available at:
https://famiglia.governo.it/media/2087/deliverables-welfare-aziendale_approcci-e-strumenti_final_ita.pdf .
53 On these issues, refer to: Ministères Sociaux, Guide CET>CESU - Conversion du compte épargne-temps en chèque

emploi-service-universel préfinancé, 8 October 2015, available at:
https://issuu.com/ministere-solidarite/docs/guide_ope_cet_web .
54 See also: art.18 of Law no.2014-873 of 4 august 2014, on equality between women and men, as well as the

decree no. 2014-1535 of 17 December 2014.
55 See also: art. L.1271-12 of the Labour Code and the decree no. 2014-1535 of 17 December 2014.
56 Sansoni A.M., Francia: i buoni-lavoro come strumento per favorire l’occupazione dei lavoratori anziani, in Bollettino

ADAPT – newsletter in edizione speciale, 2, 6 April 2009.
57 See ReFlex, nt. (52).



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    Finally, the OCIRP is a bilateral welfare system dedicated to vocational training in addition
to income support. Access to this benefit depends largely on collective bargaining: It may
include health care, parental leave, disability and training, and long-term care. Participation
in this bilateral system, which is relevant to the company or sector, is exclusively through
direct referral under collective agreements that establish a commitment and contribution by
the employer. The employee may take advantage of the benefits offered by the OCIRP to
the extent provided for by the collective bargaining agreement for his sector or category or
by the company agreement.58
    It should be recalled, however, that one of the characteristics of the French system is the
close link between service job creation policies and anti-poverty policies. In a logic of
exportability of the French model, this aspect must be considered, especially because in Italy
there is no effective national policy to fight poverty.59
    It should be noted that in Spain, most company support measures and benefits have a
direct or indirect link to the family, such as the marriage allowance, financial support for
raising children, and support measures for dependent children. However, almost all
occupational welfare benefits aimed at the family, as well as the instruments to facilitate the
reconciliation of work and family life, are economic in nature, so that families are not relieved
because there are no company crèches.
    In this regard, it is worth mentioning the recent reform of the Anteproyecto de Ley de Trabajo
a Distancia60 (with the exception of public administrations), which also recognizes the right
to digital disconnection, already established by Ley Orgánica 3/2018, de 5 de diciembre, de
Protección de Datos Personales y garantía de los derechos digitales in Article 88, but is now
affirmed with greater emphasis for remote workers, as is the right to equal treatment for
remote workers compared to presence workers.
    It should not be overlooked, however, that many collective bargaining agreements also
provide for forms of assistance to family members with some form of disability. Of all the
instruments of occupational welfare aimed at the family, the support measures for disabled
children come closest to the benefits provided by the public social security system, not only
because they supplement the compulsory benefits, but also because the collective agreements
are fully consistent with the procedure provided for the recognition by the public social
security system of economic benefits for disabled dependent children.
    The Italian situation, despite the reforms of recent years (Law No. 92 of June 28, 2012,
D.Lgs. No. 80 of June 15, 2015, D.Lgs. 81 of June 15, 2015, D.Lgs. No. 81 of May 22, 2017,
D.Lgs. No. 162 of November 5, 2021, on the certification of equality between women and
men), is characterised by poor childcare services, fewer opportunities to obtain part-time
work, and more rigid working hours61. The data are particularly telling when considering the

58 Maino F., Il voucher universale per i servizi di assistenza alla persona, Le prospettive sostenibili delle politiche di welfare in
Italia e in Europa, Percorsi di II welfare, Rapporto di welfare – ItaliaCamp, Roma 20 Luglio 2015.
59 Lebrun J. F., Les services à la persone (SAP o PHS in english) en France, Presentazione Percorsi di Secondo welfare

– ItaliaCamp, Roma 20 July 2015.
60 Serrani L., Il progetto di legge sul lavoro a distanza in Spagna, in Bollettino ADAPT, 31, 2020.
61 On this topic, see: Vallauri M.L., Genitorialità e Lavoro. Interessi protetti e tecniche di tutela, Giappichelli, Turinurin,

2020; Vettor T., Conciliare vita e lavoro. La prospettiva del diritto del lavoro dopo il Jobs Act. Studi di Diritto del lavoro,
Giappichelli, TurinTurin, 2018, 31; Santucci R., La conciliazione tra cura, vita e lavoro “(il work life balance)”, in

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(very low) presence of women in the labour market. The phenomenon is even more serious
when considering the difference between the centre and the north and south of the country.
   In this area, in 2022, the government introduced the Family Law, which provided for a
voucher for kindergarten fees, but most importantly, a reorganization and harmonization of
parental leave legislation. In particular, it provides for a mandatory leave of at least 10
working days for the working father in the first months after the birth; the guarantee of the
right to leave regardless of the marital status of the working parent; the introduction of
flexible arrangements for the management of leave, compatible with the needs of the
employer and within its competence, in the form established by the collective bargaining
applicable to the sector; and finally, a minimum duration of two months of leave that is not
transferable to the other parent.62
   Among the most notable measures introduced to support families and working mothers
during the pandemic is undoubtedly smart working, which has led not only to an increase in
working hours and difficulties in separating work and home life, but also to feelings of
loneliness and isolation. In addition, the regulations appear to be incomplete, not least
because workers are not protected in terms of the right to interrupt work, so "smart working
in an emergency" does not appear to be a work-life balance measure.63
   Finally, reference should be made to Legislative Decree No. 105 of June 30, 2022,
"implementing Directive (EU) 2019/1158 of the European Parliament and of the Council
of June 20 2019, on reconciling work family life for parents and carers and repealing Council
Directive 2010/18/EU." The decree contains provisions to improve the reconciliation of
work and family life to achieve the sharing of care responsibilities between men and women
and gender equality at work and in the family.64




Santoni F., Ricci M., Santucci R., (eds.), Il diritto del lavoro all’epoca del Jobs Act, 187, 2016; Nunin R., I congedi
parentali dopo il D.Lgs 15 giugno 2015, n. 80, in Lav. e giur. 2016, 14 ff.; Gottardi D., La conciliazione delle esigenze di
cura, di vita e Lavoro, Giappichelli, Turin, 2016.
62 Izzi D., Il work-life balance al maschile: a proposito di congedi dei padri, in Lav. e dir., 2, 2020, 333.
63 On the subject, see, recently: Brollo M., Lavoro agile per i lavoratori fragili: lezioni dalla pandemia, in Argomenti di

diritto del lavoro, 2022, 405; D’Aponte M., Evoluzione dei sistemi organizzativi nell’impresa e tutela dei diritti dei lavoratori
nel quadro della regolamentazione europea: dal diritto alla “disconnessione”, al lavoro “per obiettivi”, in Massimario di
giurisprudenza del lavoro, 1, 2022, 29; Cataudella M.C., Tempo di lavoro e tempo di disconnessione, ibid., 4, 2021, 853;
Alessi C., Lavoro agile e conciliazione: alcune osservazioni a margine della proposta di riforma del Gruppo Frecciarossa, in
LDE, 4, 2021; ALBI A., Il Protocollo nazionale sul lavoro agile tra dialogo sociale e superamento della stagione pandemica, in
LDE, 1, 2022; D’Onghia M., Lavoro agile e luogo del Lavoro: cosa ci ha insegnato la pandemia?, in LDE, 1, 2022;
Martone M., Lavoro da remoto e bigenitorialità: come scegliere nella crisi epidemiologica un’opportunità di modernizzazione
sociale, in Martone M. (ed.), Il lavoro da remoto. Per una riforma dello smart working oltre l’emergenza, La Tribuna,
Piacenza, 2020, 146; Nicolosi M., Le sfide del lavoro agile dopo l’emergenza pandemica, in Garilli A. (ed.), Dall’emergenza
al rilancio. Lavoro e diritti sociali alla prova della pandemia, Giappichelli, Turin, 2020, 89; Gabriele A., Work life balance
ed emergenza sanitaria: il difficile ‘equilibrio’ tra attività professionale e lavoro di cura familiare, in Garilli A. (ed.),
Dall’emergenza al rilancio. Lavoro e diritti sociali alla prova della pandemia, Giappichelli, Turin, 2020, 116; Alvino I.,
Ciucciovino S., Romei R., nt. (2), 109.
64 See: Militello M.G., Conciliare vita e Lavoro. Strategie e tecniche di regolazione, Giappichelli, Turin, 2020; Izzi D.,

Genitorialità e Lavoro. Diritto e libertà?, in Chiaromonte W., Ferrara M.D., nt. (25), 91.


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7. Follow-up: continuous training

    Finally, there is training, an essential and widespread element that must be ensured
throughout working life.
    In the United Kingdom, professional training is usually managed by companies, with data
above the average for other European countries, though it has experienced a contraction in
recent decades. Companies have benefited from both public and European funds (as is the
case in Italy).
    Company size has a strong influence on the capacity to offer training courses, which in
many cases pave the way to nationally recognized qualifications. Alternative training options,
such as on-the-job training, are also an option. Most beneficiaries who undertake training are
men (because they are more prevalent in manufacturing and construction, which are among
the providers of training opportunities), young people, workers in the sectors most in need
of technical skills, and college graduates.
    In 2021, Sweden, Finland, and the Netherlands had the highest proportions of people
aged 25 to 64 participating in education and training in the past four weeks. Adult education
is an important aspect when it comes to the digitalization and automation of the labour
market. Workers need to adapt and learn new digital skills, for example, and in some cases
retrain, as some jobs will be eliminated due to technological developments. Adult education
should improve employability, foster innovation, provide social equity, and close the digital
skills gap. The importance of adult learning is reflected in the target set at EU level for at
least 60% of all adults to participate in continuing education each year by 2030.65
    Again, unions play a central role in analysing the phenomenon and promoting VOW.66 A
study by the trade union Unionen, in which 2,350 workers participated, shows that, according
to the participants, the most effective and widespread training is in practical skills, often
acquired through rotation in the workplace rather than through attendance at conferences or
seminars. According to this study, the workers most involved in training are employed full-
time in large private companies, have a university degree and are Swedish citizens.67
    Several actors are involved in vocational training in Germany. The federal level is
responsible for implementing measures for the unemployed, while the regions (Laender)
regulate the time off for participation in training courses. For in-company training, there are
neither laws nor cross-industry collective agreements that provide a uniform and binding
framework for all actors involved.
    WOV in vocational education and training has continued to evolve over the past fifty
years. By the 1990s, VET was once again seen as an effective tool for addressing immediate
problems rather than a guarantor of long-term benefits. For this reason, the issue has been
less present in collective bargaining agreements. More recently, several studies have found
that mobilization on the issue of vocational training is on the rise again, although the results
of this mobilization have so far been modest. However, the (few) contracts concluded under

65 https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Adult_learning_statistics
66On  the subject, see Johansson C., nt. (18).
67 Herrera L.M., Vocational education and training in Sweden: from work-based-learning to school-based-learning and back

again? in Revista de Educaciòn, Madrid, January 2017.

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this new perspective have the advantage of regulating training without the urgency of the
context, thus treating it to achieve long-term results: namely, an increase in competitiveness,
a better quality of products and services and, consequently, job security.68
    Training is an area where sectoral collective bargaining sets the framework, which is then
implemented at the company level.69 The contents of company collective agreements
concern the definition of training, the participation of works councils, criteria for
participation, needs analysis, quality control, bilateral commissions, objectives, methods,
instruments, employee surveys, certificates, and the treatment of costs. According to a survey
by the Economic and Social Research Institute (WSI), 34% of companies with works
councils have a company agreement on continuing education.70
    However, the WSI identifies differential access to training as a weakness of this type of
measure. Participation in training depends on the age of the worker, his or her qualifications
and the size of the company. According to a recent analysis, in one-third of the collective
agreements studied, training is targeted at a specific category of workers (most often junior
managers, older workers, people with disabilities, single parents, workers with families, part-
time workers, interns, etc.).
    On the other hand, reference is often made to explicitly excluded groups (especially
temporary employees). While in principle all employees have the same right to continuing
education, some groups are favoured, and others are explicitly disadvantaged. Finally,
women's participation in continuing education has been found to be lower than men's,
although this could be due to the lower presence of women in sectors where continuing
education is more widespread.
    In Spain, scholarships, and measures to support education are mainly intended for the
children of workers who are in training or working in a profession. However, many collective
agreements provide for financial support measures specifically aimed at workers who opt for
general or vocational training, but the granting of which is subject to the fulfilment of certain
conditions (link between courses and work performance, involvement of approved training
centres). Thus, the range of benefits is becoming more and more limited, as the amounts are
reduced and the requirements for accessing them are increased, mainly due to the recent
economic crisis.71
    Finally, if we look at active labour market policies in Italy, public spending is below the
average of European countries. As far as in-company training is concerned, there is no
unified legal framework, leading to a rather fragmented scenario. A very important role in
vocational training is played by bilateral bodies, established through collective bargaining at
national, sectoral, or even exclusively at company level, which ensure the management
and/or financing of the services. These are institutions or funds (when they manage
economic resources) composed of the social partners represented on an equal footing
(Fondimpresa is the main bilateral fund in the field of vocational training). Twenty-two

68 Borzaga M., nt. (13).
69 Blank F., nt. (14).
70 Seeleib-Kaiser M., et al., nt. (40).
71 See Almendros-Gonzales M.A, La accion social nell’impresa: il caso spagnolo, in Chiaromonte W., Vallauri M.L., nt.

(4), 129.

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bilateral funds have been created to analyse needs, manage apprenticeships, co-finance the
costs incurred by the company and coordinate the training offer.72


8. Occupational Welfare and Trade Union Relations.

    On the issue of occupational welfare, the question arises as to the role of the social
partners in relation to the forms chosen, i.e. funds at sectoral or company level, with a
national fund (AFA) being used in only one case (Sweden).73
    In many countries, management is bilateral, but in a few countries, companies were the
main actors interested in offering workers a competitive wage package and compensating for
reduced public social benefits, while unions played a residual role (as in the United
Kingdom).74 The minor role of trade unions is also related to their decline, which has
undermined their existence since 1979 because of the Thatcher government's policies aimed
at reducing trade union participation in British political life. It should be noted, however,
that arbitration is more widespread in companies with higher union density.
    On the other hand, employee organisations with VOW can attract new members and turn
the tide if they present themselves as "producers" of services, as they already do for
vocational training.
    The Swedish case presents a VOW system that is the result of the strength and
organisational capacity of the social partners to negotiate, create, and develop systems in
various policy areas that cover large parts of the labour market. Most of VOW 's benefits are
provided under collective bargaining agreements, and insurance is in most cases administered
by a single non-profit organisation traditionally associated with the labour party. The most
developed area is mediation, where much is being done to provide further assistance to
families. The vocational training sector is close behind, while the health sector VOW is not
particularly developed and measures primarily concern income support. 75
    This widespread use is due to the willingness of employers and unions to intervene in a
complementary way to public services. From the companies' point of view, the main reasons
for introducing VOW are the desire to present a good corporate image to increase their
attractiveness in the labour market, thus improving their performance in the field of Corporate
Social Responsibility, while contributing to the qualification and well-being of their employees.
For the unions, in turn, the guarantee of VOW is part of their raison d'être, namely, to offer
ever better working conditions and to compensate for the slowdown in wage growth by
offering services or income support.
    In Germany, the main sources that regulate occupational welfare are collective
agreements, both in quantitative terms, since they favour the diffusion of company welfare,
and in qualitative terms, since they have specific characteristics, especially at the level of

72 Nogler L. (ed.), Gli enti bilaterali dell’artigianato tra neocentralismo ed esigenze di sviluppo, Franco Angeli, Milano,
2014.
73 Fritzell J., Hols-Salén L., Nelson K., et al., Country Profile: Sweden, ESPN Country Profile, 2016.
74 Naczyk M., nt. (40).
75 Jansson O., et al., nt. (34).



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individual companies, that lead to the effective consideration of the needs of workers or
specific groups of workers.
    Company co-determination agreements have played a crucial role in building the
occupational welfare system, especially in making working hours more flexible. This was
achieved through legislation that decisively institutionalised the system of industrial relations
at the "micro level" as well and gave Betriebsrat works council, as a German peculiarity,
considerable scope for negotiation and co-determination.76
    In Italy, in the wake of the industrial paternalism (we have already mentioned Olivetti)
that accompanied the first industrial revolution, occupational welfare was for a long time
almost exclusively unilateral and voluntary, out of an act of charity on the part of the
employer, without any kind of negotiation or agreement with the workers' representatives.
Occupational welfare is therefore traditionally seen as an evolution of the so-called factory
welfare, i.e. the social measures introduced during the first industrial revolution.
    In recent years, however, there has been no shortage of measures aimed at reversing the
previous approach and enhancing the role of regulation, on the one hand, and collective
bargaining, on the other, as sources of workplace welfare. While the previous regulation
excluded social benefits from labour income only if they were granted on the voluntary and
unilateral initiative of the employer, the tax provisions of the 2016 Stability Act77 not only
provide for the exclusion of negotiated social plans from labour income, but also for their
full deductibility from labour income if they are not unilateral and voluntary.78
    Nonetheless, the recent 2020 Welfare Report for Small and Medium Enterprises shows
that instruments that do not require union involvement (such as the Liberalisation Act and
Enterprise Regulations) clearly predominate. This raises the question of the potential role
that representatives could play in structuring the welfare plan, especially in training and
involving workers or analysing their social needs.79
    In fact, it is believed that occupational welfare could provide an incentive for unions to
adopt a more participatory philosophy, aiming at negotiated planning of forms of social
protection that complement public-sector complementary forms of social protection.
Consequently, collective bargaining could be more attractive if called upon to regulate issues
of major importance to certain categories of workers who are less likely to participate in
unions, such as young people, leading to less conflictual and participatory trade union
relations.80


76  Biasi M., Il nodo della partecipazione dei lavoratori in Italia. Evoluzioni e prospettive nel confronto con il modello tedesco ed
europeo, EGEA spa, Milano, 2013, 63 ff.
77 Art. 1, commas 184-190, Law n. 208 of 28 December 2015. On this point, see: Tiraboschi M. (ed.), Welfare for

People. Primo rapporto su il welfare occupazionale e aziendale, ADAPT University Press, 2018, 77-86; Pessi R., L’accordo
sul modello di welfare aziendale nel distretto industriale pratese: l’avvio di una possibile esperienza di welfare society, in Diritto
delle Relazioni industriali, n.145/2015, 141; Giovannone M., Beneficiari, condizioni, limiti e modalità di accesso ai benefici
fiscali delle prestazioni di welfare, in Alvino I., Ciucciovino S., Romei R., nt. (2), 137.
78 Pavolini E., Leonardi S., Raitano M., Arlotti M., ‘Unemployment and Pensions Protection in Europe: the Changing Role

of Social Partners - PROWELFARE Country Report: Italy’, OSE Paper Series, Research Paper No. 21, 2016.
79 Refer to: AA.VV., Welfare Index PMI – Rapporto 2020, Generali, 2020.
80 Treu T., Welfare e benefits: esperienze aziendali e territoriali, in ID. (ed.), nt. (6); Scippa E., Relazioni industriali e

welfare, il ruolo della contrattazione collettiva nella protezione dei bisogni di natura sociale dei lavoratori, Milano, 2018; Zilio
Grandi G., Stato sociale, lavoro e welfare aziendale ai tempi del Jobs Act, in Note di Ricerca, 1, 2017.

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    The national and territorial dimension of negotiations seems to be appropriate for social
security and supplementary health care institutions, also to optimise the costs of
administrative and financial management.81 In contrast, the operational dimension for large
companies and the territorial dimension for small companies seem to be more suitable for
other types of benefits that can be better adapted to the needs of the companies and the
individuals concerned.82 In particular, the provision of incentives in the form of contribution
relief and tax exemption for collectively agreed social benefits paid in lieu of productivity
compensation is certainly an example of legislative efforts to encourage second-level
collective bargaining.83 Consider, for example, the possibility provided in the 2017 Budget
Law for employees84 to use the amounts of productivity bonuses on which a substitute tax
of 10% is levied for supplementary pensions, which is only possible if provided for in
decentralised, territorial or company collective agreements.85
    The Italian case is also characterized by a significant use of bilateral agencies in the
management of VOW. Interestingly, the sectors in which bilateral agencies were initially
introduced were characterized by greater fragmentation of production and greater job
instability (construction, agriculture, crafts, trade, and tourism).86 However, in recent years,
these organizations have expanded to all sectors. Currently, the banking sector is the sector
with the largest supply of VOW, while the textile industry is the least widespread.


9. The win-win logic of occupational welfare.87

   The above considerations lead to the conclusion that occupational welfare measures must
be made financially sustainable. In this context, the German experience is worth mentioning,
as it shows that the financing of these instruments is generally borne mainly by the
companies, of which only the medium and large companies can provide guarantees.
However, since it is a "patchwork" system of occupational welfare, workers in large
companies are ultimately better protected, so that if public funding for social welfare were to
be reduced, the risk of an increase in dualism and inequality in the German labour market
would be particularly high.88
   On the other hand, the spread of occupational welfare depends not only on the will to
bring about a genuine cultural change in companies, which is the basis for a new way of

81 Tiraboschi M., nt. (1), 6.
82  Cf. Tursi A., Retribuzione, previdenza, welfare: nuove variazioni sul tema, Relazione at the AIDLASS Congress
Palermo, 17 May 2018. Furthermore, see on the subject, Comandè D., Il nuovo welfare contrattuale nei negoziati
collettivi nazionali: stato dell’arte e criticità, in Rivista del diritto della sicurezza sociale, 2017, 821 ff.
83 Alvino I., Le nuove fonti di disciplina del welfare aziendale: dalla erogazione unilaterale al welfare negoziale, in Alvino I.,

Ciucciovino S., Romei R., nt. (2), 119 ff.; Chiaromonte W., Vallauri M.L., nt. (4), 23 ff. See also Perulli A., La
contrattazione collettiva aziendale e il welfare aziendale: caratteristiche e limiti di un modello troppo enfatizzato, in Zilio
Grandi G., nt. (80).
84 Bacchini F., Welfare aziendale: illazioni (ricostruttive) giuslavoristiche (II parte speciale), in Argomenti di diritto del lavoro,

4-5,2017, 1026.
85 On the topic, cf. Tiraboschi M., nt. (1), XV.
86 See: Nogler L., nt. (72).
87 Alvino I., Ciucciovino S., Romei R., nt. (2).
88 Borzaga M., nt. (13).



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working and greater employee participation,89 but also on the role played by public policies
in this area, for example through tax relief and levy reductions.90
    In this regard, it should be recalled that with the August decree (Legislative Decree No.
104 of August 14, 2020), Italy raised the limit for the tax exemption of goods and services
paid to employees - the so-called "fringe benefits" - to 516.46 euros, double the previous
value. Within this limit, the value of goods sold, and services provided by companies to their
employees does not contribute to the formation of income and is therefore exempt from
taxes and duties.
    Unless there is a change of heart or future action makes it a structural measure, it will be
a one-time measure (i.e., it will apply only to 2020). Nevertheless, it is a welcome initiative as
it facilitates the provision of shopping and fuel vouchers and other occupational welfare
measures to employees thanks to an increase in the limit for taxing the value of goods and
services provided to employees.
    When the needs of the company go hand in hand with the needs of the workers,
occupational welfare is a win-win for both the company and the workers.91 The
psychophysical well-being of workers who take advantage of workplace welfare is of such
critical importance, given the increased time available to them and their families, that it
inevitably affects the efficiency and productivity of the work itself.92
    The more companies can create well-being, both on a personal and organisational level,
the more employees feel empowered and motivated to work, making well-being benefits a
strong motivating factor. All things being equal, they generate higher recognition than
traditional salary incentives, especially for those in leadership roles, as the second Censis
report on the subject shows.93
    Welfare initiatives are therefore highly valued by workers and their families, increasing the
attractiveness of the company and its ability to commit resources. In short, occupational
welfare initiatives improve the company's social role in the region and strengthen its image
in the market, which is strategic for the company's growth.94


10. Conclusions.

   The research conducted so far shows the great potential and important role played by
occupational welfare, which covers more than 20% of employees in many European
countries.95


89 Razetti F., ‘Bilateralità e welfare contrattuale: quale ruolo per i territori?’, in Maino F., Ferrera M., (ed.), nt. (24), 69-
110.
90 Santoni V., Welfare aziendale e provider prima e dopo le Leggi di Stabilità, in Maino F., Ferrera M. (Ed.), Terzo

Rapporto sul secondo welfare in Italia, Centro di Ricerca e Documentazione Luigi Einaudi, Turin, 2017, 91-118.
91 Alvino I., Ciucciovino S., Romei R., nt. (2), 63 ff.
92 Bombardieri M., Prunesti A., Chief digital officier. Gestire la digital trasformation per persone e organizzazioni, Milan,

2019.
93See www.censis.it .
94 Tiraboschi M., nt. (1).
95 Natali D., Pavolini E., Vanhercke B., nt. (6).



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    Coronavirus has affected people's lives, changing habits at work and in daily life, and
undermining their security and confidence in the entire ecosystem. However, the impact is
not uniform, with some countries and populations feeling the economic and social
consequences of the pandemic more than others.96
    Both large companies and, above all, the numerous small and medium-sized enterprises
in Italy are facing an unprecedented crisis that has upset their production and service
rhythms, as well as the organisation of working hours and working methods, with serious
economic consequences and results that have yet to be fully deciphered in terms of layoffs
and employment rates.
    It is a complex picture, in which one can ask what place occupational welfare occupies:
as a basic "crutch" for workers in difficulty, and as a possible lever for the country's
development and recovery; or as a "flash in the pan" that will inevitably disappear again in
the face of the new needs of Italian companies?
    The presence and reinforcement of occupational welfare measures during the pandemic
crisis do indeed seem to have had positive effects. From a purely organisational perspective,
the crisis experience seems to have radically changed corporate culture, with most companies
stating that they are more aware of the central importance of worker health and safety, and
more than 70% stating that occupational welfare will play a greater role in the future, meaning
that companies will contribute more to the sustainability of the area in which they operate.
    Companies have positioned themselves in tangible ways as both social and market actors,
sometimes providing a unique point of reference for workers and their families and, in many
cases, for the broader community throughout the territory and across the corporate chain,
while experiencing demanding scrutiny of their social responsibilities. The most common
services offered by companies were related to workplace safety and accident prevention, as
well as work-life balance and parenting policies. But insurance coverage, employee training,
supplemental health care and supplemental retirement benefits should not be overlooked.
    Collective self-government has adopted welfare measures and solutions to cope with the
unprecedented circumstances that have gripped the various sectors of the economy. The
need to respond quickly and flexibly, especially in the health sector, has created a new
dimension of occupational welfare, more oriented to social needs,97 especially through the
adoption of flexible solutions, not only through corporate contracts and protocols, but also
and especially thanks to the health insurance funds established by the parties through national
collective agreements.
    In other words, COVID -19 has acted (unintentionally) as an accelerator for the diffusion
and awareness of the potential of occupational welfare even among small and medium-sized
Italian companies.98 Under the pressure of the emergency, resources and projects have been
launched on issues of priority and usefulness such as health, safety at work, reconciliation



96 OECD, “Supporting people and companies to deal with the Covid-19 virus: Options for an immediate employment and
social-policy response”, ELS Policy Brief on the Policy Response to the COVID-19 Crisis, Paris, 2020, available at:
http://oe.cd/covid19briefsocial .
97 Chiaromonte W., Ferrara M. D., nt. (25).
98 Tiraboschi M., nt. (1), 67 ff.



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with family life, and training, the latter of which, together with health and safety, can ensure
a real entitlement to the future for all.99
    In conclusion, occupational welfare is becoming more widespread among companies in
Italy, but above all it could represent a valuable toolkit that can accompany companies and
workers in terms of sustainability in the impressive changes in work that we are currently
experiencing, namely demographic, digital, and environmental transformation.




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https://doi.org/10.6092/issn.1561-8048/15454                                                                 156
