Inverter Schematic Watts

Clarifications on compensation of disease during periods of wage

National Institute of Social Security



Circular number 82 of 16/06/2009

Central Management Services in Support of Income

General Coordination legal



the central and peripheral
Executives


the directors of agencies


the general coordinator, and central
Rome, 16/06/2009

peripheral branches of the professional


Coordinator General Medical and Legal


Medical Director



Circular 82

and, for information,





At the Extraordinary


the President and Members of the Board of Trustees and Supervisory


the President and members of the Board of Mayors


the Judge of the Court Audit Officer to supervise the


Chairmen of Committees


administrators of funds, management and funds


the President of the Central Commission


for the assessment and collection of contributions


unified agricultural
For

Presidents of the Regional Committees


the Presidents of the Provincial Committees

SUBJECT: Clarification on compensation
disease during periods of wage


SUMMARY:
1. Extraordinary layoff and sickness

2. Ordinary layoff and sickness

With this circular is intended to provide a summary of the criteria arising from the law and the guidelines in the case law govern the competition between sickness and wage subsidies. The argument
the circulars issued by the Institute in the past - the No 50943 of 08.02.1973 (point C), No 134362 AUG-84, 22.4.1980, No 134368 AUG-14 01/28/1981 - seem outdated in some places has been consistently held.

1) layoff Extraordinary and sickness

Regarding wage extraordinary confirmed the already stated in paragraph C of the circ. 50943 of 8.2.1973, recently incorporated in the message No 28449, 23.12.2008.

Article. 3 of Act No. 464/1972 provides that the CIGS 'replace in case of sickness daily allowance paid by the management bodies of health insurance. " This provision applies to employees, workers or employees, suspended from work.

If during the suspension from work (layoffs at 0 hours) onset of disease status, the employee will continue to benefit from the extraordinary wage: the work is in fact totally suspended and there is no obligation to provide services by the employee who therefore should not even communicate the status of disease and continue to receive wage subsidies.

If the state of disease is before the beginning of the suspension of work for CIGS you will have two cases:
- if the entire staff of the office, department, team or similar which the worker belongs has suspended the 'activities, including the employee to enter into CIGS disease from the date of commencement thereof;
- if, however, is not suspended from work the entire staff of the office, department, team or similar which the worker belongs to the employee on sick leave will continue to be eligible for this disease, if required by applicable law.

Also remember that workplace accidents and occupational diseases to qualify for compensation from the relevant insurers and therefore falls outside the concept of disease in this discussion.

2) Ordinary layoff and sickness

As for the temporary layoffs, No circulars AUG-84, 134,362 22/04/1980 134,368 and AUG-14 of 28.1.1981, states that in case of illness coinciding with a period of regular unemployment benefits, both to employees that the suspended part-time workers it is only the sick pay . This criterion was based on. 3 of D.Lgs.Lgt. No 788/45 that "integration is not due to manual workers part-time for the holidays and unpaid absences that does not pay."

However, as clarified by the Court in several judgments and agreed (see Cass. Nn. 917/1984, 4937/1984, 91/1986, 5219/1987), "the indisputable differences between layoffs extraordinary and do not exclude ordinary fact, that when the production activity has already been totally suspended the action of the layoffs, both ordinary and extraordinary, and the employee benefits of its treatment, the disease can not determine that suspension of the relationship (art. 2110 cod. civ .) where the sickness is related, while in the opposite case, namely in that of illness at the time of intervention of the layoffs (of course if the request for the sick worker), the replacement of integration to the wage contractually integrated daily allowance is fully justified by the principle that under Article. 2110 cod. Civ. can not compete the sick worker more than is acknowledged to current employees' (see Sent. April 23, 1982, n. 2522).

Despite the art. 3 of Law August 8, 1972, No 464 (which, as mentioned above, provides for the treatment of wage replace the daily allowance of disease) refers explicitly only to the extraordinary layoff, the law of the Supreme Court noted that "when the ordinary operation of the case is on suspension of production activities (not to the mere contraction of the same activity), there is a full identity ratio, which allows you to extend this latter case, the rule established for the case integration and that is extraordinary that the treatment of wage replace the daily allowance of disease, and possible integration contractual provision "(Cass. civ. sect. lav. No 5219, 13.6.1987).

therefore is applicable even in case of sickness during a period of ordinary wage supplementation, the same criteria described in paragraph 1 of this circular, which are summarized below.

If during the suspension from work (layoffs at 0 hours) onset of disease status, the employee will continue to take advantage of the ordinary wage: the work is in fact totally suspended, no service obligation by the employee, then that should not even communicate the status of disease and continue to receive wage subsidies.

If the state of disease is before the start of the suspension of work for temporary layoffs there will be two cases:
- if the entire staff of the office, department, team or similar which the worker belongs has suspended the 'activities, including the ill workers in temporary layoffs will come from the same start date;
- if, however, is not suspended from work the entire staff of the office, department, team or similar which the worker belongs and worker in disease will continue to be eligible for this disease, if required by applicable law.



The Director General
Crecchio

Nepalisongslyrics With Chords

When there is no agreement on compensation with the unions

With No decision August 5, 2008 21138, the Supreme Court held that, in the absence of union agreement, can not be adopted only one selection criterion for the reduction of personale.Il case examined by the Supreme Court is that of a worker who challenged her dismissal as a result of intimatogli a collective procedure under Law No. 223 of 2001, which closed without agreement with workers' organizations and the adoption of only one element of the production requirements including those prescribed by law (retirement, family responsibilities, organizational and technical needs of production). According to the employee, the company would have to apply all the legal criteria of choice in competition with each other. Both the court that the Court of Appeal has, however, considered the correct choice for business use only one criterion. Called into question, the Supreme Court upheld the appeal brought by the employee, stating that in case of failure to reach an agreement with the union on the criteria of choice, the employer is obliged to apply these criteria of Article 5 of Law 223/91 in competition with each other. The Supreme Court, noting the existence of some previous deformed, said: "Article 4 of Law No 223/91 provides that the company can initiate the mobility, when you do not wish to re-employ all the workers suspended, giving prior notice in writing to the company union representatives or, failing that, the most representative trade union organizations. The declaration shall state, among other things, the reasons for the situation of excess and lack of reuse, the number, location and the company's professional staff surplus. The parties should undertake a joint review. Union reached the agreement, the company has the right to place workers on the move and shall specify the selection criteria. Article 5 of the Act provides that the selection of workers should be in relation to technical and production and organization of the business, according to the criteria laid down by collective agreements with unions or, failing that, according to the criteria , in competition with each other, of family responsibilities, seniority and technical production requirements. " The violation of the selection criteria, involves the annulment of the dismissal. "It is clear from a reading of the law - said the Supreme Court - such as the use of the single criterion of production requirements is possible only after agreement with the unions. Conversely, when there is no agreement, the standard is mandatory in the sense that the three criteria (seniority, family, production) must be used in competition with each other. " What in fact emerges from an examination of recent decisions in this area is the principle of "stiffness" in the sense that "up to the formulation of selection criteria, the employee must be in a position to know whether or not it will be retained in employment or will be placed on mobility, because the selection criteria should be identified as those positions will be eliminated. " The Court therefore affirmed the following principle of law: "In the absence of agreement with the unions, the selection criteria to be applied in competition with each other. Their statement must be made in a clear and transparent so as to allow the start of the procedure to identify who will be expelled and those who remain at work. "

Palm County Social Security Dept

explanations of wage during periods of wage

Central Management Services in Support of Income

General Coordination legal



the central and peripheral
Executives


the directors of agencies


the general coordinator, and central
Rome, 16/06 / 2009

peripheral branches of the professional


General Coordinator Coroner and medical directors






Circular 82

and, for information,





At the Extraordinary


the President and Members of the Board of Trustees and Supervisory


the President and members of the Board of Mayors


Magistrate of the Court of Accounts Officer to supervise the


Chairmen of Committees


administrators of funds, management and funds


the President of the Central Commission


for the assessment and collection


contributions unified agricultural


the Presidents of the Regional Committees


the Presidents of the Provincial Committees

SUBJECT: Clarification on compensation
disease during periods of wage


SUMMARY:
1. Extraordinary layoff and sickness

2. Ordinary layoff and sickness

With this circular is intended to provide a summary of the criteria arising from the law and the guidelines in the case law govern the competition between sickness and wage subsidies. The argument
circulars issued by the Institute in the past - the No 50943 of 08/02/1973 (C), No 134362 AUG-84, 22.4.1980, No 134368 AUG-14 01/28/1981 - seem outdated in some places has been consistently held.

1) layoff Extraordinary and sickness

Regarding wage extraordinary confirmed the already stated in paragraph C of the circ. 50943 of 8.2.1973, recently incorporated in the message No 28449, 23.12.2008.

Article. 3 of Act No. 464/1972 provides that the CIGS 'replace in case of sickness daily allowance paid by the management bodies of health insurance. " This provision applies to employees, workers or employees, suspended from work.

If during the suspension from work (layoffs at 0 hours) onset of disease status, the employee will continue to benefit from the extraordinary wage: the work is in fact totally suspended and there is no obligation to provide services by the employee , then that should not even communicate the status of disease and continue to receive wage subsidies.

If the state of disease is before the beginning of the suspension of work for CIGS you will have two cases:
- if the entire staff of the office, department, team or similar which the worker belongs has ceased operations, the employee also will sick in CIGS from the date of commencement thereof;
- if, however, is not suspended from work the entire staff of the office , department, team or similar which the worker belongs to the employee on sick leave will continue to be eligible for this disease, if required by applicable law.

Also remember that workplace accidents and occupational diseases to qualify for compensation from the relevant insurers and therefore falls outside the concept of disease in this discussion.

2) Ordinary layoff and sickness

As for the temporary layoffs, the Circular No. AUG-84, 134,362 22/04/1980 134,368 and AUG-14 of 28.1.1981, states that in case of illness coinciding with a period of regular unemployment benefits, both to employees that the suspended part-time workers it is only the sick pay . This criterion was based on. 3 of D.Lgs.Lgt. No 788/45 that "integration is not due to manual workers part-time for the holidays and unpaid absences that does not pay."

However, as clarified by the Court in several judgments and agreed (see Cass. Nn. 917/1984, 4937/1984, 91/1986, 5219/1987), "the indisputable differences between ordinary and extraordinary layoff does not rule out that when the production activity has already been totally suspended the action of the layoffs, both ordinary and extraordinary, and the worker benefits of their treatment, the disease can not determine that suspension of the relationship (art. 2110 cod. civ.) where the sickness is related, while in the opposite case, namely in that of illness at the time of intervention of layoffs (if naturally also be required for the sick worker), the replacement of integration to wage daily allowance contractually integrated is fully justified by the principle that under Article. 2110 cod. Civ., the sick worker can not compete any more than is acknowledged to current employees' (see Sent. April 23, 1982, n. 2522).

Despite the art. 3 of Law August 8, 1972, No 464 (which, as mentioned above, provides for the treatment of wage replace the daily allowance of disease) refers explicitly only to the extraordinary layoff, the law of the Supreme Court noted that "when the ordinary operation of the case is on suspension of production activities (not to the mere contraction of the same activity), there is a full identity ratio, which allows you to extend this latter case the rule set for layoffs and that is extraordinary that the treatment of wage replace the daily allowance of disease, and possible integration contractual provision "(Cass. civ. sect. lav. No 5219, 13.6.1987).

therefore is applicable even in case of sickness during a period of ordinary wage supplementation, the same criteria described in paragraph 1 of this circular, which are summarized below.

If during the suspension from work (layoffs at 0 hours) onset of disease status, the employee will continue to benefit from the wage ordinary: the work is in fact totally suspended, there is no obligation to provide services by the employee, then that should not even communicate the status of disease and continue to receive wage subsidies.

If the state of disease is before the start of the suspension of work for temporary layoffs there will be two cases:
- if the entire staff of the office, department, team or similar which the worker belongs has ceased operations, the employee also will sick in temporary layoffs from the date of commencement thereof;
- if, however, is not suspended from work the whole the staff of the office, department, team or similar which the worker belongs to the employee on sick leave will continue to be eligible for this disease, if required by applicable law.



The Director General
Crecchio

What Kind Of Weave Does Bootz Were

Disciplinary measures: limit within which the employer must be imposed.

Supreme Court, section work, Judgement 18 March 2008, No 7295
Disciplinary measures: limit within which the employer has imposed and the reasons
After the deadline are accepted disciplinary action should be abandoned
Editor - RM -

By decision of 18 March 2008, No 7295, section the work of the Supreme Court of Cassation ruled that even after the complaint and the presentation of the evidence by the employee the same remains protected and is therefore justified the existence of deadlines in the sense that past a certain date the employee could be regarded as accepted his excuses and filed the action disciplinare.L 'indication of a time limit within which the employer must take disciplinary action against the employee, if indicated in the CCNL, for example, within thirty days after receipt of the evidence implies that ignoring the causes of this term loss of power to impose sanctions. So the Supreme Court has recognized the payment of compensation to the employee compensation for dismissal and illegittimo.Fatto dirittoUn employee who had worked for about 7 years in a company is suing the same company to appeal the dismissal for cause irrogatogli and to request reinstatement in employment and compensation. the employee before the dismissal were a series of alleged irregularities in the expenditure incurred with the credit card company, which was followed two disciplinary conservative, challenged before an arbitration panel, which had reduced the sentence imposed by the first and confirmed the second. Later, the alleged irregularities were related to purchases of fuel, and as a result of these latter had been ordered dismissal for just cause. The employee had challenged the arbitration awards due to lack of motivation and lack of dismissal for misconduct and for violation of the proportionality test, generic and untimeliness of the complaint. The court rejected the appeal of arbitration awards; concluded, however, for the unlawful dismissal, and contained five months allowance risarcitoria.La Court of Appeal was of the opposite opinion holding that the employer was deprived of the power disciplinary action and, accordingly, upheld the appeal of the employee incidental declared the illegality of the dismissal had been ordered and ordered the company the payment of compensation commensurate with the total remuneration of matured since dismissal, with accessories. He believed, however, that it should not be considered the main appeal of the company, who then appealed in the Court's decision Cassazione.La CassazionePer the Supreme Court, if it is true that before the disciplinary context is warranted special protection of the worker, and Therefore, the possible existence of deadlines for the start of the disciplinary action, even after the protest, and the submission by employees of their justifications, such protection, and therefore, once again, the existence of deadlines, can also be justified because, after a certain time, the above might be considered its justification and no disciplinary action proseguita.La matter, in reality, is governed by collective bargaining agreements, which are private law contracts entered into by the parties collective is their responsibility to establish, in the mediation of conflicting interests of different positions and, if need be, or not, the deadline for the initiation, continuation and the definition of the disciplinare.L 'interpretation of the court is reserved Negotiable merit, and therefore can not be given further consideration in the Supreme Court where judges on the Supreme Court legittimità.Secondo the applicant company has not disputed that the term was contained in the text, but claimed that was not provided any kind of consequence for non-compliance of esso.Ma to the Supreme Court in any record, and more so in a text intended to take legal value, as the one in question is part of a National Collective Bargaining Agreement, until proven otherwise, every phrase has a specific significato.L 'indication of a deadline for the completion of an activity does not fall under the legally relevant clauses of style, and even The applicant states this. Therefore it must have, in the context of reference, a few conseguenza.Per the Supreme Court in this case, within that context, does not seem conceivable consequences different from that obligation to carry out the specific activities within it, and deprived of this power if the activity is put in place by the deadline. Supreme Court, section work, Judgement 18 March 2008, No 7295

Where Can I Buy Charriol Philippines

LABOUR LAW

LABOUR LAW
SOURCES:

Articles 1, 4, 35 to 40 of the Constitution, Civil Code. Book V, L. 300/1970 "Workers' Charter" ; European Social Charter.

- The work of the Italian Constitution, Article 1: It is the foundation of the Republic, article 4: the Republic "... recognizes the right to work"; "... every citizen has a duty to perform an activity or function ... "that contributes to social progress; art. 35: The state shall promote the protection of employment, vocational training, agreements and international organizations for workers' rights, freedom of emigration and the protection of migrant workers ...

- Bodies of implementation of constitutional provisions:

1. Ministry of Labour and Social Security, with several General Managers for various subjects (eg, job training, placement
...); 2. Labour Inspectorate, regional and provincial
3. Labour Offices, which deal with employment problems and disputes;
4. CNEL (National Council of Economy and Labour)


- Article 36 of the Constitution: "... remuneration commensurate with the quantity and quality of work "but also" sufficient to ensure a free and dignified worker and his family ";

- Main components of remuneration: a) the minimum wage, base + b) additions, occasional or ongoing, mandatory, however, based on the category of workers and on length of service allowance for disadvantaged for work or heavy

- Article 37 of the Constitution: the work of women and children : equal rights with the male adult.

L. 12/09/1977 n.903 prohibits discrimination. It places limits on child labor: minimum age 15 years, 18 for heavy work.

L. 17/10/1977 No 977: distinguishes between "children" (under 15) and "adolescents" (aged 15 to 18 years). Children "free from school work" => up to 7 hours daily, 35 weekly. Adolescents up to 8 hours daily, 40 weekly, with rest periods of 1 hour every 3 or every 4 1 / 2.
- Requirement of weekly rest and leave; unhealthy work prohibited to children under 16 years (18 for females), prohibited night work underground or under the age of 18.
- medical examination to determine fitness for work: annual medical check ups.

- Article 38 of the Constitution: social security funds.

1) "Security" = organization advance of funds by public bodies, established with contributions from workers and employers, to assist those who are impaired in their capacity to work.
- The compulsory social insurance against accidents, occupational diseases, invalidity, old age, common diseases, and involuntary unemployment. (Together with these, are managed by INPS also family allowances ...)
- Entities: Social Security for general insurance; INAIL for accidents at work for several managers INA. Remember that the INA was privatized privatized

Fields INPS: L. No 12/6/84 222
- Permanent Disability = permanent reduction to 1 / 3 of working capacity => ordinary check (must have at least 5 years of contributions) or preferred (no limit)
- Disability = inability to perform any work => Board ordinary or preference
- Superinabilità impossibility of walking = => allowance for personal assistance.
Other:
- Retirement pensions: 35 years of contributions required (will be gradually abolished).
- Pensions of old age must be at least 65 years (for women at least 60)


2) "Care" is aimed at those who definitely is not able to procure the means of subsistence.
- The Constitution private assistance is free, but the state must establish the appropriate institutions.


- Article 39 Constitution: freedom of association. Can only obligation to the unions: to register => Registered trade unions have legal personality and participate in proportion to the number of subscribers, with a unified negotiation for the formulation of national contracts are valid for all workers in each category (valid "Erga omnes"): the unions have never made record =>
issue of the validity of collective agreements => a law of 1959 states that there is a minimum salary - Legal "= extension to the whole class for Law the validity of collective agreements concluded by the main unions. In addition, "articulated bargaining" = business contracts better than the national (if not improvements are not enforced)

- Article 40 of the Constitution: the right to strike : be regulated by law. It was never approved a law that regulates it, except for essential public services.

- E'astensione collective can not be personal.
- It 's right of all workers, not be guided by decisions of majority

- Types: "a hiccup", "checkerboard" or "department" (strike one department at a time), "non-cooperation," "white strike" (working adhered to the regulations, effectively blocking the assets), "Overtime" (pertains only to them), "general strike" (all categories, except for essential public services)

- The " tight "closure of the company by the entrepreneur, it is not envisaged as law, was illegal (breach of contractual obligations)


- OTHER RULES: 1) Civil Code. Book V
2) L. 20/5/1970 No 300, "Workers' Statute"
3) European Social Charter, adopted in Turin in 1961, ratified in Italy with a law of 1965
Rights and duties of the worker:

- the right to pay a weekly day of rest +, + holiday paid in proportion to the length of service; right to midweek holidays in accordance with the law.
- be entitled to the severance pay in proportion to length of service and remuneration;
- social security payments;
- military service count towards;
- marriage license in proportion to capacity and length of service;
- insurance against civil liability for the jobs subject to such risk;
- duty to perform the work personally in the quantity and quality determined by the contract;
- duty to act with diligence;
- obligation to follow the directives of superiors;
- the obligation not to compete;
- timely notification of absences;
- prohibition to disclose information that could harm the enterprise;

- The disciplinary sanctions: 1) a reprimand; 2) fine, and 3) suspension; 4) dismissal

- The stability Workplace : in case of accident, illness, pregnancy => right to remuneration or compensation.

right to retain their jobs during their military service in case of call => the right to remuneration.

L.108 11/05/1990: general principle of justification for dismissal

* just cause and good reason: for the first notice is not required for the second yes, the TFR is due in both cases (L . 604 / 1966: the first was not so)

- DEFINITION OF CAUSE:

• Before the Law 604 / 1966: "any cause did not allow even temporary continuation of the employment relationship "==>> even without a breach of the employee =" any cause that detract from the relationship of trust ", after they
L. 604 / 1966: the concept of "trust" must be reduced simply to "trust the accuracy of subsequent performance of the creditor of the debtor" should only cover the professional qualification of the worker. Becomes similar to the "subjective justification" = resulting from failure of the worker, but the cause is more serious. VED. Workers' Statute, art. 8: Prohibited surveys of employer views on policies, religious, etc. ..... There should be based only on what concerns work-
· The collective agreements provide for specific causes for dismissal without notice: the judge is not bound by these definitions

DEFINITION OF JUSTIFIED REASON: L. 604 / 1966 article 3.

TWO:

1. subjective "significant breach of contract.": see. Article 1455 CC: collective agreements define it, but the judge is not bound by such definitions
2. objective "reasons related to production" ==>> the order does prevail on the interest of the worker to retain the post of the technical and economic requirements of the company: the entrepreneur is not left to the arbitrary, but based on objective criteria derived from the common experience (contrasting interpretations: some say the judge can not criticize the choices of the entrepreneur, but only whether there is relationship of cause - effect relationship between them and the dismissal: others believe that the court would give a final assessment of: --- C. Supreme Court: "The dismissal must be the only ' extreme measure, when there is no other perspective to the employer "

(Example of objective justification: unfitness occurred the worker to perform the duties assigned to the L. ---- 482 / 1968 on recruitment does not extend mandatory workplace accident victims become disabled to the task the right to maintain the employment relationship ..... )


- Working hours: by law, 8 hours per day, 48 hours a week, 44 hours for apprentices, excluding domestic workers, managers, salesmen, home workers, seafarers. Limit exceeded for technical reasons.
- Time Contract: 40 hours per week, except for some categories.
- Overtime, night or weekend => extra payment (except for regular shifts)
- Limits to the extraordinary; non-industrial enterprises: 2 hours daily, 12 weekly; industrial enterprises: they must be infrequent, made only in exceptional cases.
- Salary: "wages" to workers, "wages" to employees and managers.
may be "on time", or "piece rate" (which may be collective piece-work), often using a "mixed"
- The "thirteenth month" in certain categories of collective agreements also provide for the "fourteenth"
- The status : art. 2095 CC and special laws: 4 categories:

1) leaders: cooperate with the employer or replace it;

2) middle: treated as employees, but managers are not carrying out activities important for the purposes of the enterprise;

3) employees: 3 categories: a) management category = 1 ^ b) ^ 2 = concept of category c) Order 3 ^ = category;

4) middle: intermediate position between employees and workers (eg Heads - yard)

5) Workers: 4 types: a) specialized b) qualified; c) common d) apprentices.

- For each category: number of qualifications (= legal positions - technical - economic).
- Everyone must be used for the tasks they are hired, if it is used as a higher duties for more than three months, the passage of title shall become final, unless you are replacing a worker is entitled to retain the post (art. 13 of the Workers' Statute)

- L. 25/5/1970 No 300, "Workers' Statute": 41 items, among them the following:

Article 1: Freedom of expression in the workplace (see art. 8)
Article 2: You may not use security guards to control the workers at work
Article 3: the controllers must be known to workers
Section 4: Prohibited to use audiovisual control workers (possible agreement with the unions to use them to protect property or to particular organizational or production
Article 5: there is no longer the company doctor for the investigation of diseases
6: searches permitted only for the defense of corporate assets of considerable value. Conditions: a) actual needs, 2) checks must be done outside, and 3) must safeguard the dignity of the worker; auto-dial systems to be used for selecting the person to be searched
Article 7: Disciplinary measures: a) Written infringement dispute, the worker heard in mitigation, required "just cause" for dismissal, no definitive change of employment, fines of not more than 4 hours' pay, not more than 10 days of suspension from work without pay, within 20 days from the application of sanctions, appointment of a Board of Conciliation "(1 representative of the employee, an employer + 1 third chosen by mutual agreement) in case of relapse, I can Given the prior offenses only up to 2 years back, the rules should be posted in an accessible place
8: prohibited the investigation of the ideological positions of workers
Art.10: for workers - students allowed for the exams (the employer work may require certificates to prove the exam); working hours compatible with the study
Art.13: tasks can not be less than those for which the employee was engaged; prohibited transfers if not for technical reasons
Art.14: right to join trade unions within the company (so-called "company unions)
Art.17: prohibited" union of convenience "by the entrepreneur took
Article 19: right of assembly in the workplace, for the company union representatives of the most representative trade unions, or who have concluded collective agreements applied in national or provincial company, 10 paid hours per year; Article 20: notice to the employer if the meeting involved external
Art.21: The possibility of holding the referendum in
Art.25: right to display the company
Art.27: in firms with more than 200 employees: premises made available to union representatives

- The work process : L.11/8/1973 n.533; responds to the need to streamline the process.
- in grade 1 is always the Magistrate (now replaced by the single judge at Court): the first makes an attempt at conciliation fails if you go to the immediate oral discussion with taking of evidence, the sentence is immediate and immediately enforceable, the Court is the 2nd degree, for the amount due takes account of inflation. In cases of minor economic, possible self-defense, without the legal

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reduced VAT on vehicles and heirs (Amendment) Law 223/91

Article 1st paragraph 36 of the Law of 27 December 2006, no 296, ruled that in the event of a transfer for consideration or free of cars for which the buyer (or disabled family member who has it in charge) has received the tax benefits before the expiration of the deadline by two years' purchase, is due to the difference between the tax payable in the absence of incentives and the benefits resulting from the application of Resolution No stesse.La 136 / E Revenue Agency (May 28, 2009) clarify a doubt applied so far the subject of several interpretations: in the event of death of the disabled before the expiration of two years of purchase, the heirs must pay the difference between the VAT rates (4%) and the ordinary (20%)? The Inland Revenue states that the heirs are not required to refund the VAT rebate on vehicles purchased by parents with disabilities who died earlier than two years after purchase.

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mobility (collective redundancies)

Collective redundancies Article. 24 l. Implementing the EU Directive No. 223/91 75/129 of 17/2/75 reconnecting the legislation of the Member States relating to collective redundancies. It is intimate to the objective requirements of the redundancies when it meets all the requirements set by law. In fact, the regulation of collective redundancies is characterized by employment size of the company (which employs more than 15 employees), the number of layoffs (involving at least 5 employees), and the arc of time, normally for 120 days within which cone made redundancies stessi.Tali elements distinguish the case of collective redundancies from individual dismissals multiple intimati objective justification for art. 3 l. 604/96 where there is a need to evaluate the productive and organizational reasons put forward by the employer. Article. 24 l. 223/91 refers to the art. 4 and 5 of that same law in respect of collective redundancies to staff reductions, the procedures relating to mobility restrictions apply to the different situation of overstaffing in enterprises admitted to CIGS where the withdrawal results the inability to redeploy the workers sospesi.Pertanto l. 223/91 provides for two cases of dismissal for staff reduction: that contained in. 24, which applies to all enterprises with 15 employees and more than that provided in Art. 4 for the only companies admitted to CIGS, but to both apply the same procedure mobilità.La discipline of collective redundancies normally a phenomenon that, given the conditions noted, a particular cause for public alarm because these redundancies occupy a particularly extensive based on the reduction or transformation of a business or work, or on the closure of the undertaking. In particular, the framework rule in an organic way the problem of surplus labor and promote cooperation between the social partners can propose alternative solutions to dismissals provides, as a result of the failure of trade union consultation, entry of the mobility lists, support for economic intervention of unemployed workers, facilities for reintegration into the labor market for workers licenziati.Ricorre collective redundancies in the presence of the following requirements: must be involved
enterprises employing more than 15 employees. This requirement must be calculated numerically not referring to when you activate the procedure, but having regard to the normal organization of production or, failing that, employment average for the last six months (Min. Labor circ. No 155/91). In the statement also covers workers employed under contracts for job training and apprentices;
must perform at least five redundancies in the time period of one hundred twenty days unless, within the meaning of Article 8, paragraph 4, the parties have agreed to extend the term in the trade union consultation. However, the procedure may end with the dismissal of even one unit provided at the time of the procedure, the employer intended to dismiss at least five units;
the grounds for dismissal must be due to the collective needs of reduction, processing or cessation of business activities.
Procedure procedure for collective redundancies is expected in the art. 4:05 L. 223/91 on mobility in the art. 24 rinvia.Tale procedure comprises a step in the administrative and trade union related. The stage begins with the union prior written notice to the parties that the legislature considered adequate to perform a proper function of social control. Accordingly, Article 4, paragraph 2 provides for a security firm to carry out the communication to the respective trade unions and associations or, failing that, the associations belonging to the confederations most representative in terms nazionale.Tale communication must contain information on the reasons that led to the dismissals, the technical and organizational reasons on which it is believed that it could not prevent the reduction of staff. It must also bear the number, location and the company's professional labor surplus, and the timetable for implementation of the mobility program and the measures deemed necessary to address the impact on the social level, the implementation of the plan. These elements are necessary information to form the basis for further consultations between the parties, in fact, art. 4, paragraph 5 L. 223/91, the RSA may apply within seven days of a joint review to assess the causes and possibilities of the surplus to absorb the staff including through the use of solidarity contracts or forms of flexibility for the management of lavoro.Le consultations can last for a maximum period of 45 days unless the cases exhaustively listed all the same law 223/91 '3, paragraph 3, which has reduced to thirty days in case of bankruptcy, and art. 4, paragraph 8, which can halve the time if the number of workers involved in the process of mobility is less than 10.Conclusa the trade union consultation, whatever the outcome, will start the administrative procedure. The employer has an obligation to communicate the results of consultations to the Region or the Province authority delegated by the Region. If it is not agreement was reached following the statement by the company opens a new phase of negotiations between the parties no longer than 30 days, or within 15 days if the workers are less than ten (art. 4, paragraph 8). During this period, the competent office shall summon the parties to further examine and formulate new proposals for achieving an agreement and find useful solutions for the redeployment of workers eccedenti.Esaurita the procedure for the administrative stage, even if you have not reached any agreement, the employer is entitled to give notice to workers eccedenti.Perché the termination of the employment relationship is necessary to extinguish such termination is communicated in writing to each of the workers under the terms of notice. However, the identification of workers made redundant choice is constrained by objective criteria defined in the negotiation of trade union consultation or abstractly determined by the National Collective Bargaining Agreement or, failing that, we used the criteria set out in Article .5 Law 223/91:
family responsibilities;
technical and production needs;
length of service with the company
These criteria operate in competition with each other and constrain the choice of employer . Once the workers can proceed with dismissal. The withdrawal should not be affected by any disease that triggers the ineffectiveness or face the annulment of the act. Withdrawal is ineffective if it was not communicated in writing or if the procedures are not followed, the respect of the period of notice and communication to the offices competenti.Il withdrawal is voidable when they are not met the criteria for such cases scelta.In dismissal may be appealed within 60 days. even with an extra-judicial act and the court is satisfied that disability has the reintegration art. 18 L. 300/70. workers if they satisfy the objective requirements set out in Article .16, paragraph 1 (length of service of 12 months including at least six been employed) are enrolled in special mobility lists. Can join the list of mobility, without the right to its compensation, including employees of small businesses or cooperatives that employ fewer than 15 employees (art. 4 L.236/93). The entry in the mobility list is intended to facilitate the reintegration into the labor market and a prerequisite for 'INPS supply the mobility allowance for a period determined by the age of the worker at the date of termination of membership and location of the production unit.

How To Write New Year Wishes

INPS Circular No. 41 of 03.16.2009 extending the right to leave in art. 42 paragraph 5 of Legislative Decree no.

National Institute of Social Security

Circular No. 41 of 16-3-2009.htm
extension of the right to leave referred to 'art. 42, paragraph 5, Legislative Decree no. 151/2001 to the child living with the person in a situation of severe disability.



Central Management Services in Support of Income

Central Management Information Systems and Technology



SUBJECT:

Extension of entitlement to leave referred to 'art. 42, paragraph 5, Legislative Decree no. 151/2001 to the child living with the person in a situation of severe disability.


SUMMARY:
The Constitutional Court ruled as unconstitutional art. 42, paragraph 5, of Legislative Decree 151/2001 in so far does not provide for the child living with the person in a situation of severe disability, the entitlement to the leave specified in the absence of other appropriate persons to care.



The Constitutional Court, in sentence no 19 of 26 January 2009, declared the constitutional illegitimacy of article. 42, paragraph 5, of Legislative Decree 26 March 2001, No 151 (Consolidated Act of laws on the protection and support of motherhood and fatherhood) in so far does not include, in the persons entitled to benefit from the leave provided for therein, the son lived with, in the absence of other entities capable of taking care of people experiencing severe disability.

According to the operative part of the sentence, therefore, the dismissal in question may be available to the unmarried child of the severely handicapped, if there is no other appropriate persons to care.

For the purpose of compensation linked to the use of leave in question, we provide the following guidelines.

Entitled

the light of the sentence in question, are entitled to benefit from the leave in question the employees according to the following order of priority:

a) the person is severely disabled spouse if living with the same;

b) parents, whether natural or adoptive and foster parents of severely handicapped in the event that any one of the following conditions:

· the son is not married or no longer living with their spouse;
the spouse of the child does not pay employment or be self-employed;
the spouse of the child has expressly waived
enjoy the same subject and in the same periods of leave examination;

c) brothers or sisters - alternately - living with the subject with severe handicaps, if any of the following two conditions:

1)-severely handicapped brother is not married or no longer living with the spouse or, where both married and living with spouse, one of the following situations: the spouse
does not pay employment or be self-employed;
the spouse has expressly waived its right to enjoy the same subject and in the same periods of leave in question;

2) both parents are deceased or totally disabled;

c) unmarried child with the person in a situation of severe disability, if any of the following four conditions:

1) the carrier parent of severe disability is not married or no longer living with the spouse or, where both married and living with spouse, one of the following situations:
the spouse does not pay employment or is self-
the spouse has expressly waived its right to enjoy for the same subject and in the same periods of leave in question;

2) both parents have died of a disability or totally disabled;

3) the carrier parent has a severe disability or other children not living with any of them, or when they have other children at home, one of the following situations:
· This child (other than requesting the leave) do not pay employment or are self-employed;
· The children at home (other than the applicant leave) have specifically declined to leave to enjoy the present for that parent in the same period;

4) the carrier has no brothers or disabilitàgrave no longer living with either of them, or, where it has a brother living together, one of the following situations: • The
unmarried brother does not pay employment or be self-employed;
• The unmarried brother has expressly waived its right to enjoy the same subject and in the same periods of leave in question.

FORMS

are being updated on "online forms" demand patterns that take account of the innovations of the Constitutional Court No 19/2009.

SCOPE

The offices will review the requests it received in respect of unspent reports, which it means those legal situations for which no action res judicata or prescription of law. The compensation shall be extinguished within one year (art. 2963 CC) from the day following the end of the period benefit is payable in respect of leave.


The Director General

Crecchio