Nasal Congestion In 2 Month Old

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.