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Institute in the past - the No 50943 of 08/02/1973 (C), No 134362 AUG-84, 22.4.1980, No 134368 AUG-14 01/28/1981 - seem outdated in some places has been consistently held.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

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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

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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.