Legislative Decree April 11, 2006, No 198
"
Code of equal opportunities between men and women, in accordance with Article 6 of Law November 28, 2005, No. 246"
published in the Official Gazette No 125, May 31, 2006 - No Ordinary Supplement 133
THE PRESIDENT OF THE REPUBLIC
Having regard to Article 87 of the Constitution;
Viewed Article 6 of the Law of 28 November 2005, no 246, delegating the Government to issue a legislative decree for the reorganization of the existing provisions on equal opportunities between men and women, which must be brought together and coordinated their existing provisions for the prevention and removal of all forms discrimination based on sex, adding, to the extent of such coordination, the necessary changes to ensure consistency and systematic logic of the legislation, in order to adapt and simplify the regulatory language;
Given the preliminary resolution of the Council of Ministers adopted the meeting of January 24, 2006;
heard the opinion of the State Council, expressed the advisory section for legislation at its meeting on February 27, 2006;
heard the opinion of the Joint Conference of Article 8 of Legislative Decree 28 August 1997, No 281;
Given that the relevant Commissions of the Chamber of Deputies and the Senate did not express the opinion of the prescribed by law;
Given the decision of the Council of Ministers, adopted at its meeting on April 6, 2006;
On proposal of the Minister for Equal Opportunities, in consultation with the Ministers of Public Service, Labour and Social Policy, Health and Production Activities;
ISSUES
the following Legislative Decree:
BOOK I
PROVISIONS FOR THE PROMOTION OF EQUAL OPPORTUNITIES BETWEEN MEN AND WOMEN
TITLE I GENERAL PROVISIONS Article 1
.
Prohibition of discrimination between men and women
(Act March 14, 1985, No. 132, article 1)
1. The provisions of this decree are subject to the measures to eliminate any distinction, exclusion or restriction based on sex which has the effect or purpose of impairing or preventing the recognition, enjoyment or exercise of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. TITLE II
ORGANIZATION FOR THE PROMOTION OF EQUAL OPPORTUNITIES
Chapter
POLICY OF EQUAL OPPORTUNITY
Article 2.
Promotion and coordination of equal opportunity policies
(Legislative Decree 30 July 1999, No. 303, Article 5)
1. The Chairman of the Council of Ministers to promote and coordinate Government actions aimed at ensuring equal opportunities, to prevent and remove discrimination, as well as' to enable the address, coordination and monitoring of the exploitation of the European funds.
Capo II
COMMITTEE ON EQUAL OPPORTUNITIES BETWEEN MAN AND WOMAN
Article 3.
Commission for equal opportunities between men and women
(Legislative Decree 31 July 2003, No. 226, article 1)
1. The Commission for Equal Opportunities between men and women, established at the Department for equal opportunities, provide the Minister for Equal Opportunities, who presides over it, counseling and technical and scientific support in developing and implementing equal opportunity policies between men and women on measures introduced by the Government, except those related to the matter of gender equality in employment and labor, in particular, the Commission:
a) makes proposals to the Minister for the drafting of amendments to state legislation needed to remove all forms of discrimination, whether direct or indirect, against women and the legal system to conform to the principle of equal opportunities between men and women, providing information elements , documentary, technical and statistical data, useful for the preparation of legislative acts;
b) collect, analyze and process data in order to check the status of implementation of policies for equal opportunity in all areas of political, economic and social and the identification of appropriate action;
c) An annual report shall to the Minister on the implementation of equal opportunities policies;
d) provides technical and scientific advice in relation to specific issues at the request of the Minister or the Department for equal opportunities;
e) carries out study and research in the field of equal opportunities between men and women.
Article 4.
Duration and composition of the Commission
(Legislative Decree 31 July 2003, No. 226, Article 2)
1. The Commission 'appointed by the Minister and remains in office for two years. It 'consists of twenty-five members of which
a) eleven selected as part of the associations and the women's movement more representative at the national level;
b) four selected within the most representative trade unions at national level;
c) in four selected cooperation of business organizations and women's most representative at national level;
d) three selected among women who have distinguished themselves for awards and titles, scientific, literary and social
e) three regional representatives appointed by the Standing Conference relations between the state, regions and autonomous provinces of Trento and Bolzano.
2. At least twice a year, the Commission shall meet at the larger chamber, with the participation of a representative of equal opportunity for every province and autonomous region, in order to obtain comments, requests and recommendations on matters falling within competence of the regions and local governments.
Article 5.
Bureau of the Commission
(Legislative Decree 31 July 2003, No. 226, Article 3)
1. With the decree referred to in Article 4, paragraph 1, among the members of the Commission shall be appointed Vice-President and the Secretary who, together with the Minister, as chairman, constitute the Bureau.
2. Vice-Chairman to the Commission Office, the coordination of work and the Minister is kept informed about the initiatives being undertaken.
Article 6. Experts and consultants
(Legislative Decree 31 July 2003, No. 226, Article 4)
1. The Commission shall, upon proposal of the Minister of experts, up to five, on issues concerning gender equality, and its consultants in accordance with Article 29 of Law August 23, 1988, No 400, and Article 9 of Legislative Decree 30 July 1999 No 303.
2. The consultants referred to in paragraph 1 shall be selected from among people, even outside the government, with high expertise in legal matters, as well as' in the fight against discrimination, social policies and analysis of public policies.
3. The decree and appointment of 'determined the remuneration of experts and consultants.
Section 7.
Commission Secretariat
(Legislative Decree 31 July 2003, No. 226, Article 5)
1. To carry out its work the Commission has its own secretariat within the Department for equal opportunities.
Chapter III
NATIONAL COMMITTEE FOR THE IMPLEMENTATION OF THE PRINCIPLES OF EQUALITY OF TREATMENT AND EQUALITY OF OPPORTUNITY BETWEEN MEN AND WOMEN WORKERS
Article 8.
Constitution and components
(Act April 10, 1991, No. 125, Article 5, paragraphs 1, 2, 3, 4, and 7)
1. The National Committee for the implementation of the principles of equal treatment and equal opportunities for men and women, established in the Ministry of Labour and Social Policy, promotes, within the jurisdiction of the state, the removal of discriminatory behavior by gender and any other obstacle that limits de facto equality between men and women in to work and work and work and career progression.
2. And the Committee 'consisting of:
a) the Minister of Labour and Social Affairs, or by his delegation, a State Secretary, acting as chairman;
b) five members appointed by the confederations of trade unions workers more representative at national level;
c) five members appointed by the confederations of employers in different sectors of the economy most representative at national level;
d) a member nominated by the associations of a unified representation, assistance and protection of the cooperative movement as representative at national level;
s) eleven members appointed by associations and women's movements as representative at national level working in the field of equality and equal opportunities in employment;
f) the counselor or the National Council of equality under Article 12, paragraph 2 of this Decree.
3. Also participated in meetings of the Committee, without voting rights:
a) six experts in law, economics and sociology, with expertise in labor;
b) five representatives, respectively, the Ministries of Education, University and Research, justice, foreign affairs, manufacturing activities, the Department of Civil Service;
c) five leaders of the Ministry of Labour and Social Policy in Representation of the General Directorates of the labor market, protection of working conditions, social security policy, policy guidance and training and technological innovation.
4. Committee members serve for three years and are appointed by the Minister of Labour and Social Policy. For each component and actually 'named an alternate.
5. Vice President and the Committee 'appointed by the Minister of Labour and Social Policy in the context of its components.
Article 9.
Notice and operation
(Act April 10, 1991, No. 125, Article 5, paragraphs 5 and 6)
1. And the Committee 'convened, as well as on the initiative of Minister for Labour and Social Policy, when requested by half plus one of its components.
2. The Committee deliberates on its operation and that of the college and the investigation of the technical secretariat referred to in Article 11, as well as' in respect of the relevant expenses.
Article 10. Duties of the Committee
(Act April 10, 1991, n. 125, Article 6)
1. The Committee shall take any useful initiative, within their constitutional responsibilities, to achieve the objectives of Article 8, paragraph 1, and in particular:
a) makes proposals on general issues relating to the implementation of the objectives Equality and equal opportunities, as well as' development and improvement of existing legislation that directly affects the working conditions of women;
b) inform and sensitize the public on the need to promote equal opportunities for Women in education and working life;
c) shall, by May 31 of each year, a target program in which information indicating the types of projects that will promote positive actions, the subjects allowed for individual types and evaluation criteria. The program 'released by the Ministry of Labour and Social Policy by publication in the Official Gazette ;
d) expressed in the majority opinion on the project financing of positive action and control work on projects in progress by checking the proper implementation and the final outcome;
s) develop codes of conduct designed to clarify the rules of conduct in conformity with equality and also to identify the indirect manifestations of discrimination;
f) review the status of implementation of existing legislation on equality;
g) proposes solutions to collective disputes, including directing projects involved the adoption of positive action to remove discrimination pre-existing or imbalances in the position of men and women in relation to the state of recruitment, training and promotion, working conditions and pay, possibly setting up, on a proposal from the College of investigations, the extent of co-financing share the costs associated with their implementation;
h) may require to the Provincial Directorate of the work to acquire information at the workplace on the employment situation of male and female, according to the state of recruitment, training and promotion;
i) promotes an adequate representation of women in national public and local authorities in respect of employment and vocational training.
Article 11.
Board investigations and technical secretariat
(Act April 10, 1991, No. 125, Article 7)
1. For the education of documents relating to the identification and removal of discrimination and for drafting of opinions to the Committee under Article 8 and the adviser and Equality Advisors, and 'set up a panel of inquiry as follows:
a) Vice-Chairman of the Committee referred to in Article 8, which presides over it;
b) a magistrate appointed by the Ministry of Justice among those involved Working in sections, legitimacy or merit;
c) a senior Ministry of Labour and Social Policy;
d) experts referred to in Article 8, paragraph 3, letter to ) ;
s) Councillor or Councillor of equality under Article 12.
2. Where it is necessary for the needs of office, components referred to b) and c) paragraph 1, at the request of the Committee under Article 8, may be higher than two.
3. To provide administrative management and technical support of the Committee and the College of investigations and 'established the Technical Secretariat. It has executive duties in the employ of the Bureau and the Committee 'consists of staff from various Directorates General of the Ministry of Labour and Social Policy, coordinated by a director general of the same Ministry. The composition of the technical secretariat and 'determined by the Minister of Labour and Social Policy, the Committee heard.
4. The Committee and the College deliberate investigation in respect of its organization and mode of operation, for the performance of their duties may create specific working groups. The Committee may approve the stipulation of conventions, as well as' use of external collaborations:
a) to carry out studies and research;
b) functional activities for the exercise of their duties on projects affirmative action under Article 10, paragraph 1, letter d ) .
Chapter IV
COUNCIL AND DIRECTORS OF EQUALITY
Article 12.
Appointment
(decree May 23 2000, no 196, article 1, paragraph 1, Article 2, paragraphs 1, 3, 4)
1. At the national level, regional and provincial level are appointed an adviser or an adviser to equality. For each counselor or adviser shall also be appointing a deputy.
2. The counselor or the director of national equality, and alternate shall be appointed by the Minister of Labour and Social Affairs, in consultation with the Minister for Equal Opportunities.
3. Counselors and advisers to regional and provincial equality, and alternate shall be appointed by decree of the Minister of Labour and Social Policy, in consultation with the Minister for Equal Opportunities, on designation of regions and provinces, after hearing the regional and provincial tripartite committees respectively in Articles 4 and 6 of Legislative Decree 23 December 1997, n. 469, each to each other's skill levels, based on the requirements of Article 13, paragraph 1, and with the procedures prescribed by this article.
4. In the event of failure of the directors of regional and provincial equality within sixty days following the expiry of the mandate, or in the absence of designation of eligibility under Article 13, paragraph 1, the Minister of Labour and Social Policy, in consultation with the Minister for Equal Opportunities, shall direct the appointment within thirty days thereafter, in accordance with the requirements of Article 13, paragraph 1. At the same qualification requirements will carry the designation and appointment of an adviser of equality.
5. The decrees of appointment to this article, which is attached professional curriculum of the person appointed shall be published in the Official Gazette .
Article 13.
requirements and allocations
(Legislative Decree 23 May 2000, n. 196, article 1, paragraph 2, 2, paragraph 2)
1. Counselors and advisers must meet requirements of equal competence and long experience in the field of women's work, of legislation on equality and equal opportunities as well as' labor market, supported by appropriate documentation.
2. Counselors and advisers of a tie, and alternate, performing functions of promoting and monitoring implementation of the principles of equal opportunity and non-discrimination between women and men at work. In the exercise of their functions, the adviser and the directors of public officers are equal and have the reporting obligation to the court of the crimes of which they have knowledge by reason of their office.
Article 14.
Mandate (Legislative Decree 23 May 2000, n. 196, article 2, paragraph 5)
1. The mandate the advisor and directors referred to in Article 12 has a duration of four years and 'renewable once. The renewal process takes place in the manner prescribed in Article 12. The counselor and the Equality Advisors continue to carry out their duties until new appointments.
Article 15. Duties and functions
(Legislative Decree 23 May 2000, n. 196, Article 3)
1. Counselors and advisers to undertake any useful initiative equality, within the powers of the state, in order to respect the principle of non discrimination and promoting equal opportunities for working men and women, undertake the following tasks:
a) detection of situations of gender imbalance in order to perform the functions and promotional guarantees against discrimination provided for in Book III, Title I;
b) promotion of positive action projects, including the identification of community resources, aimed at local and national purpose;
c) promoting coherence of programming of regional development policies in relation to address community, national and regional equal opportunities;
d) support of active employment policies, including training, in terms of promotion and achieving equality of opportunity;
s) promotion of the implementation of equal opportunities policies by public and private entities involved in the labor market;
f) collaboration with the regional departments and provincial labor to identify effective procedures for the detection of violations of legislation on equality, equal opportunities and guarantees against discrimination, including through the design of appropriate training packages;
g) diffusion of knowledge and exchange of good practices and information activities and training on cultural issues of equal opportunities and various forms of discrimination;
h) verification of the results of the project implementation of affirmative action under Articles 42 to 46;
i) liaison and cooperation with the departments to work with local authorities and bodies equality of local authorities.
2. The counselor and the counselors of equal national, regional and provincial, and alternate, are components in all respects, respectively, of the Central Board for the use or the other body which is to carry out, in whole or in part, functions as a result of the legislative decree of 23 December 1997 No 469, and regional and provincial tripartite committees provided for in Articles 4 and 6 of Legislative Decree No 469 of 1997, they also take part at the tables of local partnership and the monitoring committees in Regulation (EC) No 1260/99 of 21 June 1999. The advisor and the regional and provincial directors are also members of the Boards of equality of the corresponding regional level, or bodies with different names that perform similar functions. The counselor or the National Council and 'component of the National Committee and the Board of inquiry referred to in Articles 8 and 11.
3. The regional structures of technical assistance and monitoring provided for in Article 4, paragraph 1, letter d ) of Legislative Decree December 23, 1997, No 469, provide the adviser and the directors of the same technical support: the recognition of gender imbalance, to process the data contained in the reports on the situation of the staff referred to in Article 46, the promotion and implementation of plans training and retraining; the promotion of positive action projects.
4. At the request of the councilors and advisers of a tie, the regional and provincial directorates of the work of local courts in the workplace acquire information on the employment situation of male and female, according to the state of recruitment, training and promotion, the salaries, working conditions, termination of employment, and any other relevant information, also based on specific recognition criteria specified in the request.
5. By December 31 of each year the council and the regional and provincial directors of equal present a report on its activities to the bodies that have been designated. The counselor or the director of equality that does not complete the presentation of the report or has already done so with a delay of more than three months fell from office by action taken on the recommendation of the department which have been designated by the Minister of Labour and social policies, in consultation with the Minister for Equal opportunities.
Article 16.
See and equipment (decree May 23, 2000, No. 196, Article 5)
1. The office of the councilors and advisers to regional and provincial equality and 'respectively located in the regions and in the provinces. The office of Councillor or the National Council of equality and 'located at the Ministry of Labour and Social Policy. The office and 'functionally autonomous, with the staff, equipment and facilities necessary to perform its tasks. Personnel, equipment and facilities needed are awarded by entities with which the office 'located within existing resources transferred pursuant to Legislative Decree 23 December 1997, n. 469.
2. The Minister of Labor and Social Policy, in consultation with the Minister for Gender Equality, as part of its powers, can arrange with local authorities in which they operate counselors and advisers equality framework agreements in order to define the mode of organization and functioning of the office of the councilors and advisers of equality, as well as' general guidelines for implementing the tasks specified in Article 15, paragraph 1, letters b ) , c) , d) and s) , as stipulated by the Joint Conference of Article 8 of Legislative Decree 28 August 1997, No 281.
Article 17.
Permits
(Legislative Decree 23 May 2000, n. 196, Article 6)
1. The counselor and the counselors of equality, national and regional law for the exercise of their functions, in the case of employees to be absent from work for a maximum of fifty hours per month average. In the same scenario, the counselor and provincial councilors have equal right to time off from work for a maximum of thirty average monthly working hours. The permits referred to in this paragraph shall be paid.
2. Counselors and advisers to regional and provincial equality also be entitled, in the case of employees, additional unpaid leave for which compensation is paid. The maximum amount of permits and are set annually by decree under Article 18, paragraph 2. For the purpose of exercising the right to be absent from work referred to in paragraph 1 above and this paragraph, the Adviser and Equality Advisors must send written notice to the employer at least one day before.
3. The burden to repay the absences from work referred to in paragraph 1 of the councilors and directors of regional and provincial equality, workers employed by private or government, and 'a load respectively of the regional and provincial levels. To this end, it takes resources from the Fund under Article 18. The provincial or regional agency, upon request, and 'must reimburse the employer the amount paid for the hours of actual absence.
4. Counselors and advisers to regional and provincial equality, self-employed or freelancers, are eligible for the exercise of their functions to compensation compared to the total number of hours of actual work within a maximum limit set annually by decree in Article 18, paragraph 2.
5. The counselor or the director of national equality, where employee benefits from a maximum of unpaid leave annually determined by the decree referred to in Article 18, paragraph 2, as well as' of a fee by the same decree. Alternatively, you may request placement on unpaid leave for the term of office, receiving total compensation in this case, to the Fund under Article 18, determined taking into account the rest of the lost wages and compensation of the activity. Where the office of Councillor or the National Council of equality is covered with a self-employed or a freelancer, it is the same total annual compensation to the extent determined by the order under section 18, paragraph 2.
Art 18.
Fund for the work of counselor and advisor of equal
(Legislative Decree 23 May 2000, n. 196, Article 9)
1. The National Fund for the work of counselor and advisor of equality and 'with resources for in Article 47, paragraph 1, letter d ) of Law May 17, 1999, No 144, as amended. The Fund and 'intended to cover expenses related to the activities of the adviser or the adviser of national equality and regional councilor or councilors and provincial equality, the fees of any expert appointed pursuant to Article 19, paragraph 3, as well as' expenditure on the court proceedings initiated or supported under Book III, Title I, Chapter III, also finances the costs relating to the payment of compensation for indemnity, reimbursement and remuneration payable to the Adviser and permits the directors of a tie, as well as' those for operation and activities of the network referred to in Article 19 and any charges arising from the conventions referred to in Article 16, paragraph 2, other than those relating to staff.
2. By decree of the Minister of Labour and Social Policy, in consultation with the Minister for Equal Opportunities, in consultation with the Joint Conference of Article 8 of Legislative Decree 28 August 1997, No 281, the Fund's resources are annually distributed between the different destinations, based on the following criteria:
a) a share of thirty per cent and 'reserved for the office of Councillor or the National Council of equality and is' intended to finance, in addition to costs activities and fees of the same, the costs of operating programs and activities of the Network of the adviser and advisers of equality in Article 19;
b) the remainder of the one hundred and seventy 'initiative regions and is divided between them on the basis of a proposal drawn up by the Interministerial Commission of allotment referred to in paragraph 4.
3. The distribution of resources and 'still be based on objective criteria, taking into account a number of Council or provincial councilors and indicators that consider demographic differentials and employment, gender and regional, as well as' on the basis of demonstrated ability to spend in the financial earlier.
4. At the Ministry of Labour and Social Policy by the Interministerial Commission for the Management of the Fund referred to in paragraph 1. The committee 'consists Councillor or the National Council of equality or a delegate chosen by the network referred to in Article 19, the Vice-President of the National Committee under Article 8, a representative of the Directorate-General of the market labor, three representatives of the Department for Equal Opportunities of the Presidency of the Council of Ministers, a representative of the Ministry of Economy and Finance, a representative of the Department of Public Administration of the Presidency of the Council of Ministers, as well as' three representatives of the Joint Conference of Article 8 of Legislative Decree 28 August 1997, No 281. It will implement the proposed apportionment between regions in the proportion of Fund resources allocated to them, as well as' approval of projects and programs of the network referred to in Article 19. The activities of the Committee does not involve any additional costs for public finances.
5. For the management of the Fund referred to paragraph 1 shall apply, mutatis mutandis, the rules governing the Employment Fund.
Article 19.
Adviser and National Network of Equality Advisors
(Legislative Decree 23 May 2000, n. 196, Article 4, paragraphs 1, 2, 3, 4 and 5)
1. The national network of advisors and director of equal, coordinated by the counselor or the National Council of equality, work to strengthen the functions of counselor and advisor of equality, to increase the effectiveness of their action, to allow the exchange of information, experiences and best practices.
2. The nationwide network will meet at least twice a year at the invitation and under the chairmanship of Councillor or National Council, the meetings attended by the vice president of the National Committee of equality under Article 8, and a representative appointed by the Minister for Equal Opportunities.
3. To fulfill their tasks, the national network may use, as well as the Board of inquiry referred to in Article 11, also an expert or experts in the fields of competence of the adviser and advisers of a tie, the distinctive and proven skills. The appointment of an expert or specialist is awarded on the recommendation of the counselor or the National Council of equality by the Directorate-General of the Ministry of Labour and Social Policy.
4. The amount of resources needed to run the national network and the performance of its duties, and 'determined by the order under section 18, paragraph 2.
5. By March 31 each year, the counselor or the National Council of equality shall, on the basis of the reports referred to in Article 15, paragraph 5, a report to the Minister of Labour and Social Affairs and the Minister for Equal Opportunities on own activities and those carried out by the national network. Apply as provided in the last sentence of paragraph 5 of Article 15 in case of non-submission or late submission of the report.
Article 20.
Report to Parliament
(Legislative Decree 23 May 2000, n. 196, Article 4, paragraph 6)
1. The Minister of Labor and Social Policy, on the basis of the report referred to in Article 19, paragraph 5, as well as' information supplied by the National Committee for equality in Parliament at least every two years, in agreement with the Minister Equal Opportunities, a report containing the results of monitoring the implementation of legislation on equality and equal opportunities in employment and evaluating the effect of the provisions of this decree.
Chapter V
COMMITTEE for Women Entrepreneurs
Article 21.
Committee for Entrepreneurship female
(Act Feb. 25, 1992, No. 215, Article 10, paragraphs 1, 2, 3)
1. The Ministry of Production Activities by the Committee for Women Entrepreneurs composed of the Minister of Productive Activities, or by his delegation, a State Secretary with the President, the Minister of Labour and Social Affairs, the Minister of policies Agriculture and Forestry, the Minister of Economy and Finance, or their delegates, a representative of the banks, by a representative from each of the organizations most representative national cooperation, small industry, in commerce, ' handicrafts, agriculture, tourism and services.
2. Committee members are appointed by the Minister of Productive Activities, on the nomination of membership organizations, and remain in office for three years. For each member shall be appointed an alternate.
3. The Committee shall elect in its scope one or two vice-presidents, for the performance of its functions it employs the staff and facilities made available by the Ministry under paragraph 1.
Article 22.
Committee activities for women entrepreneurs
(Act Feb. 25, 1992, No. 215, Article 10, paragraphs 4 and 5)
1. The Committee has set guidelines and general programming in order the operations covered by Book III, Title II also promotes the study, research and information on entrepreneurship for women.
2. For purposes of this chapter, the Committee will establish the necessary links with the Central Service for small industry and handicraft in Article 39, paragraph 1, letter a) of Law October 5, 1991, No 317, and makes use of consultants, selected from people with specific professional skills and experience in the field of female entrepreneurship.
BOOK II
EQUAL OPPORTUNITIES BETWEEN MEN AND WOMEN IN THE ETHICAL AND SOCIAL
TITLE
RELATIONS BETWEEN HUSBAND AND WIFE
Article 23.
Equal opportunities in relations between spouses
1. The issue of gender equality in family relations e'disciplinata the Civil Code. TITLE II
fighting violence in family relationships
Article 24.
violence in family relationships
1. For the fight against violence in family relationships, the provisions of the Law of 4 April 2001, no 154.
BOOK III
EQUAL OPPORTUNITIES BETWEEN MEN AND WOMEN IN ECONOMIC
TITLE
equal opportunities in employment
Chapter
CONCEPTS OF DISCRIMINATION
Article 25. Direct and indirect discrimination
(Act April 10, 1991, No. 125, Article 4, paragraphs 1 and 2)
1. Constitutes direct discrimination under this title, any act, behavior or condition that produces an adverse effect discriminating against workers or workers on account of their sex, however, less favorable treatment than that of another employee or a another employee in similar circumstances.
2. It has indirect discrimination under this title, when a provision, criterion, practice, act, pact or an apparently neutral behavior endangers or could the workers in a given sex at a particular disadvantage compared with other sex workers, unless they relate to essential requirements for the performance of the work, provided that 'the objective is legitimate and the means of achieving that aim are appropriate and necessary.
Article 26. Harassment and sexual harassment
(Act April 10, 1991, No. 125, Article 4, paragraphs 2 - bis, 2 - b and 2 - c)
1. They are also regarded as discrimination harassment, or unwanted behaviors, in place for reasons related to sex which has the purpose or effect of violating the dignity of an employee or an employee and creating an intimidating, hostile, degrading, humiliating or offensive environment.
2. They are also regarded as discrimination sexual harassment or unwanted behaviors of a sexual nature, expressed in physical, verbal or nonverbal, which has the purpose or effect of violating the dignity of an employee or an employee, and to create an intimidating, hostile, degrading, humiliating or offensive environment.
3. The documents, covenants or provisions concerning the employment of workers or workers who are victims of the conduct referred to in paragraphs 1 and 2 are void if adopted as a result of rejection or submission to the same behavior. Are considered also discrimination those adverse treatment by the employer which are a reaction to a complaint or an action to obtain compliance with the principle of equal treatment between men and women.
Capo II
DISCRIMINATION
Article 27.
bans discrimination in employment
(Law of 9 December 1977, n. 903, article 1, paragraphs 1, 2, 3 and 4, Law of 10 April 1991, n. 125, article 4, paragraph 3)
1. E 'Any discrimination based on sex as regards access to employment, as employees and self-employment or in any other form, irrespective of how recruitment and whatever the sector or branch of activity, at all levels of the occupational hierarchy.
2. Discrimination referred to in paragraph 1 and 'prohibited even if implemented:
a) by reference to marital or family status or pregnancy;
b) indirectly, through mechanisms that pre-selection by print or any other form of advertising that indicates a requirement professional membership to one or the other sex.
3. The prohibition referred to in paragraphs 1 and 2 shall also apply to initiatives in the field of guidance, training, further training and retraining, as regards both access and content, as well as' membership of and involvement in an organization of workers or employers, or any organization whose members carry on a particular profession, or the benefits provided by such organizations.
4. Any exceptions to the provisions of paragraphs 1, 2 and 3 shall be allowed only for very heavy work tasks identified through collective bargaining.
5. In competitions and forms of selection in place, even through third parties, by private employers and government to provide the request must be accompanied by the words "of either sex," except for cases which the reference to sex is essential the nature of the work or performance.
6. It does not constitute discrimination condition of a particular sex in the recruitment business of fashion, art and entertainment when it is essential to the nature of the work or performance.
Article 28.
Prohibition of discrimination in pay
(Law of 9 December 1977, n. 903, article 2)
1. The employee is entitled to the same employee's salary when performance requirements are the same or equal value.
2. The job classification systems for determining pay must adopt common criteria for men and women.
Article 29.
bans discrimination in job performance and career
(Law of 9 December 1977, n. 903, Article 3)
1. E 'Any discrimination between men and women as regards the awarding of qualifications, duties and career progression.
Article 30.
bans discrimination in access to social security benefits
(Law of 9 December 1977, No. 903, Articles 4, 9, 10, 11 and 12)
1. The workers, although meeting the requirements for entitlement to retirement pension may opt to continue providing their services up to the same age limits for men by laws, regulations and contracts, upon notice to the employer to be made at least three months before the completion date of entitlement to retirement pension.
2. In the case referred to in paragraph 1 shall apply to workers with the provisions of the Law of 15 July 1966 No 604, as amended, notwithstanding Article 11 of the Act.
3. Family allowances, family additions and increases in pensions for dependents may be paid, alternatively, the woman worker or pensioner under the same conditions and with the same limits for the employee or retiree. In the case of applications for both parents and family allowances, additions to the family and increases in pensions for dependents should be paid to the parent with whom the child lives.
4. Survivors 'benefits, paid by the insurance compulsory general, invalidity, old age and survivors' benefits, managed by the pension fund for employees, are extended under the same conditions as the wife of the insured or pensioner, the husband of the insured or retired.
5. The provision referred to in paragraph 4 shall also apply to state employees and other government agencies as well as' in the field of alternative and supplementary pension insurance general compulsory invalidity, old age and survivors and dependents of treatments for funds managers and institutions established for employees by employers are excluded or exempted from the same, for self-employed and professionals.
6. Survivors' benefits under the Consolidated provisions for compulsory insurance against industrial accidents and occupational diseases, approved by Decree of the President of the Republic June 30, 1965, No 1124, and Act May 5, 1976, No 248, are extended to the same conditions as the wife of a worker, husband of the woman.
Article 31.
bans discrimination in access to public jobs
(Law February 9, 1963, No 66, Article 1, paragraph 1, Law of 13 December 1986, no 874, Articles 1 and 2)
1. The woman has access to all offices, professions and government jobs, in various roles, careers and categories, unlimited tasks and career development, subject to the requirements established by law.
2. The height of people is not a ground for discrimination in access to positions, professions and public office except as they relate to those duties and special qualifications, for which it 'necessary to establish a height limit and that limit the extent of mentioned by the President of the Council of Ministers, after consultation with the Ministers concerned organizations most representative trade union and the Commission for Equality between men and women, subject to the specific provisions relating to the National Body of Fire.
Article 32.
nell'arruolamento bans discrimination in the armed forces and special forces
(Legislative Decree 31 January 2000, n. 24, Article 1)
1. The Armed Forces and the Corps of the financial police shall carry out the performance of their duties of male and female staff.
Article 33.
bans discrimination in recruitment in the armed forces and in the body of the financial police
(Legislative Decree 31 January 2000, n. 24, Article 2)
1. The recruitment of female military personnel of the Armed Forces and the Corps and the Guardia di Finanza 'made on a voluntary basis in accordance with the regulations applicable to the male staff, except as provided for the official recognition of the military service of female personnel in the decrees Article 1, paragraph 5 of Law 20 October 1999, No 380, and subject to the rates of input may be provided on an exceptional basis, with the decree adopted under that law.
2. The female staff who attend regular courses in academies and schools of students and pupils sergeants and sergeants basic training institutes and schools of the armed forces, the Carabinieri and the Body of the financial police, as well as' female staff volunteer troops in the initial phase of training and specialization, and 'special leave for maternity leave in place following the submission to the administration of certification attesting to the pregnancy, up to' beginning of the period of maternity leave provided for in Article 16 of Legislative Decree 26 March 2001, No 151. The period of service spent in the absence of special leave for maternity leave and not 'count as the maximum limit for special leave.
3. The female staff who attend regular courses in academies and schools of students and pupils sergeants and sergeants basic training of institutes and schools of the armed forces, the Carabinieri Corps and the Guardia di Finanza, which went into special leave for maternity leave under subsection 2, may request to continue the training period with the exemption of any physical activity, until the ' beginning of the period of maternity leave provided for in Article 16 of Legislative Decree 26 March 2001, No 151. The acceptance of the application and 'ordered by the Commander of the body, in relation to the teaching objectives to be achieved and on the advice of the Director of health training institution.
4. The special leave for maternity leave referred to in paragraph 3 and 'assimilated to cases of extension of the prohibition of use as provided for women at work Article 17, paragraph 2, letter c ) of Legislative Decree 26 March 2001, No 151. To female staff, during this period of absence, and 'given the emoluments referred to in Article 22 of Legislative Decree 26 March 2001, No 151, or, if more favorable, provided that the measures provided for in Article 2, paragraphs 1 and 2, of Legislative Decree 12 May 1995, No 195.
5. Female military personnel of the armed forces, to the Carabinieri Corps and the Guardia di Finanza, in accordance with Articles 16 and 17 of Legislative Decree No 151, 2001, can not attend the courses provided by the relevant industry regulations, and 'sent back to the first stroke Next, if they exceed the favorable outcome, it assumes the length of membership on the original course.
Article 34.
Prohibition of discrimination in the military careers
(Legislative Decree 31 January 2000, No. 24, Articles 3, 4 and 5)
1. The legal status of military personnel and women 'covered by existing provisions for military personnel of the Armed Forces and of the male body of the financial police.
2. The progress of female military personnel and 'governed by regulations applicable to the male military personnel of the armed forces and the Body of the financial police.
3. The governing authorities concerned the specific law courses at the academies, institutes and training schools in relation to admission to the courses themselves of female personnel.
Article 35.
Prohibition of dismissal on the grounds of marriage
(Law 9 January 1963, No. 7, Articles 1, 2 and 6)
1. The terms of any kind, contained in individual contracts and collective, or in regulations, in any case involving termination of employment of workers as a result of marriage are void and will not have to be affixed.
2. Zero layoffs are also implemented as a result of marriage.
3. Except as provided in paragraph 5, it is assumed that the dismissal of employee during the period from the date of the request of the banns, as it follows the celebration, a year after the celebration itself, has been placed by reason of marriage.
4. Bets resignation of the worker during the period referred to in paragraph 3, unless they are confirmed by it within a month to the provincial work.
5. The employer and 'given the opportunity to prove that the dismissal of workers, which occurred during the period referred to in paragraph 3, and' was made not because of marriage, but one of the following assumptions:
a) serious misconduct by the worker, constituting grounds for termination employment;
b) termination of the company which it and 'officer;
c) completion of the service for which the worker and' was taken or termination of employment for the deadline.
6. The decision declaring the nullity of the dismissal of paragraphs 1, 2, 3 and 4 and 'Will the payment in favor of the worker away from work, the total remuneration of the fact until the day of release to service.
7. The worker who asked to sum up the service, claims to rescind the contract, is entitled to the treatment provided to resign for misconduct cause, subject to the payment of remuneration until the date of termination.
8. To this end, the withdrawal must be exercised within ten days of receipt of the invitation.
9. The same shall apply to both the workers employed by private companies of any kind, other than family and domestic service workers, and to those dependent on public bodies, subject to the terms more favorable to workers under collective agreements and individual employment and laws and regulations.
Chapter III
LEGAL
Article 36.
suing or being sued
(Act 10 April 1991, No 125, Article 4, paragraphs 4 and 5)
1. Anyone wishing to sue for the declaration of discrimination under Article 25 and does not consider use of conciliation procedures under the collective agreements, can promote conciliation in accordance with Article 410 of the Code of Civil Procedure or, respectively , Article 66 of Legislative Decree 30 March 2001, No 165, including through the counselor or the director of equal provincial or regional territorial jurisdiction.
2. Without prejudice to the court proceedings referred to in Article 37, paragraphs 2 and 4, the adviser or advisers of equal provincial and regional authorities have the right to land to appeal before the court on the basis of an employment tribunal or, in the reports submitted to its jurisdiction, the regional administrative court of local courts, as delegated by the person who has an interest, or to intervene in proceedings instituted by it.
Article 37.
suing or being sued to protect more susceptible
(Act April 10, 1991, No. 125, Article 4, paragraphs 7, 8, 9, 10 and 11)
1. If the adviser or advisers of regional equality and, in cases of national significance, the counselor or the Congressman detect the existence of acts, contracts or any direct or indirect discriminatory conduct of collective character, even when are not detectable in an immediate and direct injured workers or workers from discrimination, before bringing an action in court pursuant to paragraphs 2 and 4, may ask the author of the discrimination to prepare a plan for the removal of discrimination found within a period not exceeding one hundred twenty days, after hearing, in cases of discrimination engaged in by an employer, the company union representatives or, failing that, local members of the union organizations most representative at national level. If the plan and 'considered suitable for the removal of discrimination, the counselor or the director of equality promotes conciliation and its verbal a certified copy thereof, acquires strength of enforcement by a decree of the court on the basis of an employment tribunal.
2. With regard to the collective nature of discrimination referred to in paragraph 1, the adviser or advisers of equal, if not consider the use of the conciliation procedure referred to in that paragraph or in case of failure thereof, may bring an action before the court in function of the labor courts or regional administrative court of local courts.
3. The judge, in ruling that finds discrimination on the grounds of appeal submitted under paragraph 2, as well as provide, if requested, also to non-pecuniary damages, order the author of discrimination to establish a plan for the removal of discrimination found, after hearing, in the case of the employer, the company union representatives or, failing that, to the local bodies are members of the union organizations most representative at the national level, as well as' Councillor or the Councillor responsible for the area of \u200b\u200bequal regional or national counselor or adviser. In the ruling the judge sets the criteria, including time as observed in the formulation and implementation of the plan.
4. Without prejudice to the action referred to in paragraph 2, the counselor or the director of national and regional equality may bring an action in a matter of urgency before the court according to an employment tribunal or the regional administrative court of local courts. The court, in the next two days, convened the parties and taken summary information, if it considers that the infringement referred to the application, by reasoned decree and immediately enforceable as well as provide, if requested, also to non-pecuniary damages, to the extent the evidence provided, order the cessation of discrimination injurious behavior and adopt any other measure to remove the effects of discrimination found, including the definition and implementation of policy by the head of a plan for removing them. You then apply the provisions of paragraph 3. Against the decree and 'permitted, within fifteen days of notification to the parties, opposition on the same court with territorial jurisdiction, decides that sentence immediately enforceable.
5. Non-compliance to the decision referred to in paragraph 3 of the decree referred to in paragraph 4 or to the court ruling in its opposition and 'punished with the penalties referred all'artico1o 650 of the Penal Code and also involves the payment of a sum of 51 € for each day of delay in the measure to be paid to the Fund referred to in Article 18 and the withdrawal of benefits under Article 41, paragraph 1.
Article 38. Legal discrimination against
(Law of 9 December 1977, n. 903, Article 15, Law of 10 April 1991, n. 125, article 4, paragraph 13)
1. Where are places in conduct intended to violate the provisions of Article 27, paragraphs 1, 2, 3 and 4 and Article 5 of the Law of 9 December 1977, no 903, on appeal by the employee or by his delegation of trade unions or counselor or advisor to equal provincial or regional territorial jurisdiction, the court in terms of an employment tribunal and the place where 'denounced the conduct occurred, the next two days, convened the parties and taken summary information, if it considers that the infringement referred to the application, as well as provide, if requested, even the non-pecuniary damages, to the extent of the evidence provided, the author of the conduct complained of order, by reasoned decree and immediately enforceable, the cessation of unlawful conduct and the removal of the effects.
2. The enforceability of the decree can not be withdrawn until the sentence which the court defines the legal dispute in accordance with the following paragraph.
3. Against the decree and 'permitted within fifteen days of opposition parties before the court decides that sentence immediately enforceable. You shall observe the provisions of Articles 413 and following of the Code of Civil Procedure.
4. Non-compliance with the decree in the first paragraph or ruling in the trial of opposition and 'punished under Article 650 of the Criminal Code.
5. Where the violations referred to in the first paragraph relate to public employees under the rules on suspension of the Article 21, last paragraph of the Law of 6 December 1971 No 1034.
6. Subject to the ordinary, the provisions of paragraphs 1 to 5 shall apply in all cases of individual action in court brought by the person who has interest or his deputy or by a trade union adviser or counselor provincial or regional equality.
Article 39.
Bringing a matter of urgency
(Act April 10 1991, n. 125, Article 4, paragraph 14)
1. Failure to complete the conciliation provided for in Article 410 of the Code of Civil Procedure does not preclude the granting of the measures referred to in Articles 37, paragraph 4, and 38.
Article 40. Burden of proof
(Act April 10, 1991, No. 125, Article 4, paragraph 6)
1. When the applicant provides facts, also derived from statistical data relating to recruitment, remuneration structures, allocation of duties and qualifications, transfer, career progression and redundancies, such as to establish, in a precise and consistent evidence, the presumption of the existence of acts, pacts or discriminatory conduct based on sex, lies with the defendant the burden of proof on the lack of discrimination.
Article 41.
administrative procedures and penalties
(Act April 10, 1991, No. 125, Article 4, Section 12, Law of 9 December 1977, n. 903, Article 16, paragraph 1)
1. Any checking of documents, agreements or discriminatory conduct within the meaning of Articles 25 and 26, entered into by persons to whom benefits have been allowed under existing state laws, or who have concluded contracts concerning the implementation of public works , services or supplies, you are notified immediately by the local Labour territorial jurisdiction in which government ministers have been required to grant the benefit or the contract. These take the appropriate determinations, including, if necessary, withdrawal of the benefit and, in severe cases or in case of relapse, may decide to exclude the charge for a period of time up to two years from any further granting of concessions financial or credit or any tenders. This provision also applies in the case of financial or credit facilities or to procurement by public bodies, such as the Provincial Directorate of the work communicates directly to the finding of discrimination for the adoption of sanctions. The provisions of this subparagraph shall not apply if a settlement is reached in accordance with Article 36, paragraph 1, and 37, paragraph 1.
2. Failure to comply with the provisions contained in Articles 27, paragraphs 1, 2 and 3, 28, 29, 30, paragraphs 1, 2, 3 and 4, and 'punishable by a fine of 103 € to 516 €.
Chapter IV
PROMOTING EQUAL OPPORTUNITIES
Article 42.
Adoption and purpose of affirmative action
(Act April 10, 1991, n. 125, article 1, paragraphs 1 and 2)
1. Positive action, consisting of measures to remove obstacles that impede the realization of equal opportunities within the state jurisdiction, are designed to encourage women's employment and created the fundamental equality between men and women at work.
2. Positive actions referred to in paragraph 1 are in particular aimed at:
a) eliminate disparities in education and training, access to employment, career progression, work life and periods of mobility;
b) encourage the diversification of career choices for women, particularly through educational and vocational guidance and training tools;
c) facilitate access to self-employment and entrepreneurial training and qualification professional self-employed workers and entrepreneurs;
d) overcome conditions, organization and distribution of work that cause different effects, depending on sex, with injury to employees in training and in career advancement or a career in salaries and wages;
s) promote the inclusion of women in business, professional fields and levels where they are underrepresented, particularly in technologically advanced sectors and levels of responsibility;
f) encourage, even by a different organization of work, the conditions and the working time, the balance between family and professional responsibilities and a better allocation of these responsibilities between the sexes.
Article 43.
Promotion of affirmative action
(Act April 10, 1991, n. 125, article 1, paragraph 3)
1. Positive actions referred to in Article 42, may be promoted by the Committee under Article 8 and by the adviser and the directors of equality under Article 12, the Centers for equality and equal opportunities at national, local and Company, however described, by employers, public and private vocational training centers, trade unions and national authorities, even on proposal of the company union representatives or bodies representative of the staff referred to in Article 42 of Legislative Decree 30 March 2001, No 165.
Article 44.
Financing
(Act April 10, 1991, n. 125, article 2, paragraphs 1, 2, 4 and 5)
1. As of 1 October and 30 November each year, public employers and private training centers accredited professional, associations, trade unions may apply to the national and local Ministry of Labour and Social Policy of be eligible for full or partial repayment of borrowing costs related to the implementation of affirmative action plans submitted under the program target in Article 10, paragraph 1, letter c ) .
2. The Minister of Labour and Social Affairs, after consulting the Committee referred to in Article 8, allows projects to benefit from affirmative action referred to in paragraph 1 and, with the same measure, authorizing the expenditure. The implementation of the projects referred to in paragraph 1, must still be started within two months after authorization.
3. Projects of agreed actions by employers with the most representative trade union organizations at the national level have priority in accessing the benefit referred to in paragraph 1.
4. Access to funds for the construction of projects or programs of affirmative action, except those referred to in Article 45, and 'subject to the opinion of the Committee under Article 8.
Article 45.
Financing positive actions implemented through vocational training
(Act April 10, 1991, No. 125, Article 3)
1. The financing of training projects aimed at achieving the objective of Article 42, paragraph 1, according to the procedures laid down in Articles 25, 26 and 27 of the Law of 21 December 1978, n. 845, and approved by the European Social Fund, and 'intended for a share of the Revolving Fund established by Article 25 of the Act, determined each year by resolution of the Interministerial Committee for Economic Planning.
2. Finalizing training plans to achieve the objective of Article 42, paragraph 1, is established by 31 March of the year in which the initiative must be implemented by the Regional Commission for the post. The deadline, said the finding provides the Committee under Article 8.
3. The share of the revolving fund referred to in paragraph 1 and 'distributed among regions in proportion to the amount of contributions required for approved projects.
Article 46.
Report on the situation of staff
(Act April 10, 1991, n. 125, article 9, paragraphs 1, 2, 3 and 4)
1. Companies public and private employ over one hundred employees are required to prepare a report at least every two years on the situation of male and female staff in each of the professions and in relation to the state of recruitment, training, promotion, levels, passages of category or qualification, other phenomena of mobility, the intervention of wage supplementation, layoffs, early retirement and retirement, the salary actually paid.
2. The report referred to in paragraph 1 and 'sent to union representatives and business adviser and director of regional equality.
3. The full report 'prepared in accordance with directions defined in the specifications referred to in paragraph 1 by the Minister of Labour and Social Policy, by decree.
4. If, within the prescribed period, the premises referred to in paragraph 1 do not transmit the report, the Regional Directorate of the work, after reporting entities referred to in paragraph 2, inviting companies to take steps within sixty days. Failure to comply shall be subject to the penalties under Article 11 of Decree of the President March 19, 1955, No 520. In severe cases, can be stopped or suspended for a year of contributory benefits may be enjoyed by the company.
Article 47.
Requests for reimbursement of costs associated with implementation project of positive action
(Legislative Decree 23 May 2000, n. 196, Article 10, paragraph 1)
1. The Minister of Labor and Social Policy, in consultation with the Ministers of Economy and Finance and equal opportunities and on the recommendation of the Committee referred to in Article 8 shall, by special decree, any changes in the way of submission of applications referred to in Article 45, paragraph 1, in the assessment procedures of verification and dispensing, as well as' in good repute that loan applicants must possess.
2. The failure to implement the project result in loss of benefit and refund any amounts already collected. In the case of partial implementation, the decline only so much work not carried out, and the assessment of which 'made in accordance with the criteria established by the decree referred to in paragraph 1.
Article 48.
Positive Actions in the public sector
(Legislative Decree 23 May 2000, n. 196, article 7, paragraph 5)
1. In accordance with Articles 1, paragraph 1, letter c ) , 7, paragraph 1, and 57, paragraph 1, of Legislative Decree 30 March 2001, No 165, state administrations, also an autonomous provinces, municipalities and other non economic public bodies, in consultation with representative bodies provided for in Article 42 of Legislative Decree 30 March 2001 No 165 or, failing that, the representative organizations within the sector and area of \u200b\u200binterest, also heard in relation to the scope of their operational activities, the Committee referred to in Article 10 and the councilor or the National Council of equality, namely the Committee for Equal Opportunities may be required by the collective agreement and the counselor or the director of equal territorial jurisdiction, prepare plans of positive action aimed at ensuring, in their respective field, the removal of obstacles that, in fact, prevent full realization of equal employment opportunities and in work between men and women. These plans, among other things, to promote the inclusion of women in sectors and professional levels where they are underrepresented in accordance with Article 42, paragraph 2, letter d ) , help rebalance the female presence in the activities and hierarchical positions where there is a gap between genres no less two-thirds.
To do so, at what time of recruitment to promotions, compared with similar qualifications and professional preparation of candidates of different sexes, the possible choice of a male candidate and 'accompanied by an explicit and adequate reasons. The plans referred to in this article last three years. In case of failure to comply with the provisions of Article 6, paragraph 6, of Legislative Decree March 30 2001, No. 165.
2. It is understood the provisions of Article 57 of Legislative Decree 30 March 2001, No 165.
Article 49.
Positive Actions in the broadcasting sector
(6 August 1990, No. 223, Article 11)
1. The concessionaire and the private licensees for public radio or television broadcasting in Italy, promoting positive action to eliminate conditions of inequality between the sexes in the recruitment, organization and distribution of work, as well as' allocation of posts of responsibility.
2. The dealer referred to in paragraph 1 shall draw up every two years, a report on the situation of male and female staff according to the state of recruitment, training, promotion, and the actual fee levels to be transmitted to the Commission for equal opportunities between men and women referred to in Book I, Title II, Chapter II.
Article 50.
measures in support of flexible working hours
1. The measures in support of flexible working hours, to promote and encourage forms of articulation of the work performed to reconcile working life and work, are covered by Article 9 of Law March 8, 2000, No 53.
Chapter V
PROTECTION AND SUPPORT OF MATERNITY AND PATERNITY
Article 51.
Protection and support of motherhood and fatherhood
1. The protection and support of motherhood and fatherhood and 'governed by Legislative Decree 26 March 2001, No 151. TITLE II
equal opportunities in the company's business
Chapter
Positive Action for Women Entrepreneurs
Article 52.
Principles of affirmative action for women's entrepreneurship
(Act Feb. 25, 1992, No. 215, Article 1, paragraphs 1 and 2)
1. This chapter sets out the general principles designed to promote substantive equality and equal opportunities between men and women in economic and business, and, in particular, the principles Direct:
a) encourage the creation and development of women, including cooperatives;
b) promote entrepreneurial training and qualifying the professionalism women entrepreneurs;
c) facilitate access to credit for firms run by the majority shareholder female
d) promote entrepreneurial skills and management of family businesses by women;
e) promote the presence of firms run by the majority shareholder of women in sectors most innovative of the various productive sectors.
Article 53.
Principles of beneficiaries of affirmative action
(Act Feb. 25, 1992, No. 215, Article 2, paragraph 1)
1. The principles of affirmative action for women entrepreneurs are turning to the following:
a) cooperative societies and partnerships, formed in not less than 60 percent of women, limited liability companies in the which fees accrue an amount no less than two-thirds women, and whose bodies are made up of directors for at least two-thirds are women, as well as' individual enterprises run by women, who work in industry, handicrafts, agriculture, commerce, tourism and services;
b) companies, or their consortia, associations, corporations, organizations promoting entrepreneurship also Joint Venture public and private training centers and professional associations that promote entrepreneurial training courses or consulting services and technical and managerial assistance for a reserved quota of not less than seventy percent in women.
Section 54.
national fund for women entrepreneurs
(Act Feb. 25, 1992, No. 215, Article 3, paragraph 1)
1. To rely on the availability of the Fund, established with Article 3, paragraph 1, of the Law of 25 February 1992, n. 215, with a special chapter in the estimates of expenditure of the Ministry of Productive Activities, may be granted to persons specified in Article 53, paragraph 1, letter a) , while respecting the fundamental principles of the community too, the facilities provided for by current regulations:
a) incurred for equipment to start or buy businesses and tourist activities in the field or industry, trade, commerce and services, as well as 'for projects related to the introduction of business skills and innovative products, technologies or organizational
b) for the acquisition of services intended to increase productivity, organizational innovation, technology transfer, in search of new markets for the distribution of products, the acquisition of new techniques production, management and marketing, as well as' for the development of quality systems.
2. The subjects referred to in Article 53, paragraph 1, letter b ) may be granted facilities for costs incurred for the activities therein.
Article 55.
Report to Parliament (Act Feb. 25, 1992, No. 215, Article 11)
1. The Minister of Productive Activities review the status of implementation of the principles of this chapter, to this end by presenting an annual report to Parliament.
BOOK IV
EQUAL OPPORTUNITIES BETWEEN MEN AND WOMEN IN THE CIVIL AND POLITICAL RELATIONS
TITLE
equal opportunities for elected positions
Chapter
ELECTION OF MEMBERS OF THE EUROPEAN PARLIAMENT
Article 56.
Equal opportunity in the office of Member of Parliament
(Law of April 8, 2004, No. 90, Article 3)
1. Overall, the listings with a constituency that has overcome the first two elections to the European Parliament belonging to Italy, from the date of entry into force of the law April 8, 2004, No 90, either sex may be represented by more than two-thirds of the candidates, are excluded in the calculation of multiple nominees in case of fractional quotient rounding unit proceed next.
2. For movements and political parties present lists that have not complied with the proportion referred to in paragraph 1, the amount of reimbursement for election expenses covered by the Act June 3, 1999, No 157, and 'reduced up to half, in direct proportion to the number of candidates more than the maximum allowed. They are, however, ineligible lists constituency composed of more than one candidate that does not require the presence of candidates of both sexes.
3. The sum may be caused by the reduction referred to in paragraph 2 and 'delivered to organized political parties or groups that have been declared elected pursuant to Article 22 of the Law of 24 January 1979, n. 18, as amended, a share of more than one third of candidates of both sexes. This sum, and 'shared in proportion to the votes obtained by each party or political group organized.
Article 57.
provisions repealed
1. The following provisions are repealed:
a) Law 9 January 1963, No 7;
b) Article 1 of Law 9 February 1963, No 66;
c) Articles 1, 2, 3, 4, 9, 10, 11, 12, 15 and 16, paragraph 1, of Law December 9, 1977, No 903;
d) Articles 1 and 2 of the Law of 13 December 1986, no 874;
s) Article 11 of Law 6 August 1990 223;
f) the Law of 10 April 1991, n. 125, except for Article 11;
g) the Law of 25 February 1992, no 215, with the exception of Article 10, paragraph 6, 12 and 13;
h) Article 5 of Legislative Decree 30 July 1999, No 303;
i) Legislative Decree 31 January 2000, No 24;
l) Legislative Decree 23 May 2000, No 196, except Article 10, paragraph 4;
m) Legislative Decree 31 July 2003, No 226, with the exception of Articles 6, paragraph 2, and 7, paragraph 1;
n) Article 3 of Law 8 April 2004, No 90.
Article 58.
Funding
1. The implementation of this Decree shall not derive new or increased burdens on public finances.
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