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Reconstitution Of The Provincial Committee Inps Of Lecce. (Decree 36)

Original Language Title: Ricostituzione del Comitato Provinciale INPS di Lecce. (Decreto n.36)

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THE DIRECTOR OF PROVINCIAL Lecce WORK Considering the Decree n. 28 of 31 May 2007 that, and 'the Provincial Committee of INPS of Lecce been reconstituted; In view of art. 34 of the Decree of the President of the Republic 30 April 1970, n. 639, so 'as replaced by art. 44 of the law 9 March 1989, n. 88; In view of art. 35 of the Decree of the President of the Republic 30 April 1970, n. 639, concerning the procedures and criteria of formation of Provincial Committees INPS; In view of art. 7, paragraph 10, of Decree Law 31 May 2010, n. 78, entitled 'Urgent measures for financial stabilization and competitiveness' economic', converted, with modifications, by Law 30 July 2010, n. 122, which provided for a reduction 'in not less than 30% of the number of members of the Provincial Committees INPS in art. 34 of the Decree of the President of the Republic 30 April 1970, n. 639, so 'as replaced by art. 44 of the law 9 March 1989, n. 88; Given the circular of the Ministry of Labour and Social Security - Directorate General of Welfare and Social Assistance - Division III - n. 31/89 of 14 April 1989, n. 33/89 of 19 April 1989, by which they have been given instructions for the creation of Provincial Committees INPS in accordance with the mentioned Law. 88/1989; View the note of the Ministry of Labour and Social Policies - General - div Secretariat. The prot. n. 11 / I / 0001996 of 9 July 2010 in which the guidelines are provided to the Provincial Department, in order to standardize the application of Article. 7, paragraph 10 of Decree-Law 78/2010 converted, with amendments, in Law No. 122 of 30 July 2010 and is altresi 'stated that, in implementing this provision, the members of the INPS provincial committees should be reduced from twenty to fourteen as specified below: n. 7 representatives of employees of which 1 in representation of business leaders; n. 2 representatives of employers; n. 2 representatives of the self-employed; the Director of the Provincial Department of Labour has territorial jurisdiction; the Director of the Regional Accounting Office territorially competent State; the manager of the provincial office territorially competent INPS; Given the circular of the Ministry of Labour and Social Security No. 14/95 prot. n. 12035 of 11 January 1995, by which there is information, with the relevant assessment criteria for determining the degree of representativeness'; It considered in particular that the circular has identified the following assessment criteria for determining the degree of representativeness': 1) the numerical strength of the union; 2) significant local presence at the national level; 3) activities' for the protection of individual and collective interests with particular reference to collective bargaining; Considering that, according to the penultimate paragraph of art. 35 of the aforementioned decree of the President of the Republic n. 639/1970, the members representing employees, employers and the self-employed must be nominated by their respective trade union organizations more 'representative operating in the province; to that end, we have been questioned following the Trade Union Associations: CGIL Italian General Confederation of Labour - Chamber of Lecce Territorial Labour; CISL Italian Confederation of Workers Trade Unions - Statutory Territorial Union of Lecce; UIL Italian Union of Labour - Statutory Regional Chamber of Lecce; CISAL Italian Confederation of Autonomous Trade Unions Workers - Provincial Union of Lecce; UGL General Labour Union; CONFSAL General Confederation Autonomous Trade Unions workers; CIDA Italian Confederation of Executives; Italian General Confederation of Crafts CONFARTIGIANATO; FEDERCOMMERCIO Association of Commerce, Tourism and Services of the province of Lecce; CONFESERCENTI Italian Confederation Esercenti Activities' Commercial Auxiliary Tourism - Provincial Association of Lecce; Coldiretti National Confederation of Farmers - Provincial Federation of Lecce; CNA National Confederation of Crafts and Small and Medium Enterprises of the province of Lecce; CIA Italian Farmers Confederation - Provincial Association of Lecce; CONFCOMMERCIO the province of Lecce; CONFINDUSTRIA Association of Industrialists of the Province of Lecce; Unimpresa the province of Lecce; UPA General Confederation of Italian Agriculture - Provincial Union of Farmers of Lecce;
API Association of Small Industries of the Province of Lecce; the factors considered relevant in the possession of the undersigned Provincial Labour Office with reference to the attivita 'conciliation of labor disputes, the conclusion of contracts and collective labor agreements at the provincial level and to the minutes of a trade union agreement with subsequent deposit of the minutes at the Provincial Directorate of Labour; Taking into account the data provided by INPS relating to pensioners part of individual unions and attached particular importance to the associative powers for Organizations of self-employed workers and employers provided by the same entity; Held that the admission to membership of the Committee should be guided by the constitutional principle of participatory pluralism, it understood as the degree of expressiveness 'interests not' to be taken in relation to the figure of purely quantitative numerical strength of the subjects represented or greater and more 'complex organizational structure, but rather' the quality 'and relevance of collective interests, professional at the provincial, regional or national level and that the trade unions can not be' even apart from the extension intersectoral; Stated that investigations carried out in order to establish the requirement of the greater degree of representativeness ', also on the basis of actual operability' of associations and interested organizations, while ensuring the principle of participatory pluralism related to the following elements of comparison: a) numerical strength of the entities represented by the individual associations and trade unions, recognized on the basis of the data provided by them and compared with the official products from the provincial headquarters of INPS of Lecce; b) size and geographical spread of the organizational structures on the provincial plan of each trade union organization; c) participation in training and awarding of contracts and collective labor agreements at the provincial level; d) participation in the discussion of the reconciliation efforts of individual disputes exhausted from the work of Conciliation Commission established by the Provincial Department of Labour of Lecce, as well as' the discussion of labor disputes reconciled with the trade unions in a subsequent filing of the minutes at the Provincial Directorate Labor; Given that and 'must encompass the abovementioned criteria to the possession of greater representativeness' not only in the provincial field but also national and regional as the problems, proposals and decisions that the INPS Committee shall have value and also national and regional reflections, as well as 'participation in the composition of public collegial bodies operating in the province, and to any other activity' parallel; Given that the composition of the Provincial Committee of INPS must address the need to provide for special commissions Presidency in art. 46 of the law 9 March 1989, n. 88, the presence of members appointed by organizations and associations of self-employed more 'representative at the provincial level; And stated that it 'then proceeded to determine the overall average proportion so' identified data, attaching particular significance - data dealing in possession of this office - the level of participation in the discussion, in the conciliation, labor disputes and training and conclusion of contracts and collective labor agreements at the provincial level and to the lodging of verbal agreement; Considering that the findings of investigation measures and the resulting Comparative assessments are more representative the following trade union organizations: For employees: CGIL CISL UIL CISAL UGL CIDA For employers: CONFAGRICOLTURA (UPA) CONFCOMMERCIO For self-employed: COLDIRETTI CONFARTIGIANATO Views A designation for trade unions concerned; Decrees: It 'reconstituted at the provincial headquarters of INPS of Lecce the Provincial Committee of the Institute of art. 44 of the law 9 March 1989, n. 88, so 'as reformulated art. 7, paragraph 10, of the Decree-Law of 31 May 2010, n. 78, composed as follows: Members representing the employees: 1) Mr. Achille Tondo (ICFTU); 2) Mr. Donato leave (ICFTU); 3) Mr. Nicola De Price (CGIL); 4) Mr. Mauro Fioretti (UIL); 5) Dr. Salvatore Vincenti (CISAL);
6) Mr. Leonardo Tunno (UGL); 7) Mr. Gianfranco Macculi (CIDA). Members representing employers: 1) lawyer. Diego Lazzari (CONFAGRICOLTURA); 2) Dr. Enio Paladini (CONFCOMMERCIO). Members representing the self-employed: 1) Mr. Claudio Pano (COLDIRETTI); 2) Mr Amedeo Giuri (CONFARTIGIANATO); the Director of the Provincial Department of Labour of Lecce or a delegate; the Director of the Provincial State Accounting Office Lecce or a delegate; Director of the provincial office of the INPS of Lecce or a delegate. The Committee made as above has a duration of four years from the date of setting up. The Manager of the INPS headquarters of Lecce and 'responsible for the implementation of the measure. The seat of settlement, must 'be called by the more' senior member of eta 'within fifteen days of publication in the Official Journal of the Italian Republic and the Official Bulletin of the Ministry of Labour and Social Policy. An appeal against this decree and 'permissible under the combined provisions of Articles 29 and 41 of Legislative Decree 2 July 2010, n. 104, an appeal before the Regional Administrative Court of Puglia, within sixty days from its publication in the Official Journal. Lecce, July 28, 2011 The provincial director: Villanova