We The Captains Regent

Original Language Title: Noi Capitani Reggenti

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Law No. 1 for the protection of labor and of samarinesi workers. We the Captains Regent of the Most Serene Republic of San Marino promulgate and publish the following law approved by the Great and General Council at its meeting of 27 January 1949. Art. 1. The Government of the Republic assumes the protection of the working class and producer, and discipline reports work, in accordance with the statutory rules and in relation to the needs of today's economic life, the ultimate goal of equality of all productive forces, for the realization of social justice. Art. 2. The Government of the Republic is committed to developing and implementing a coherent plan of social insurance, for the guarantee and protection of occupational hygiene, for the defense of the health of manufacturing categories and in general for social protection, given these like the first elements and essential for the increase of production and improvement in the interest of all workers. The insurance must include: insurance for sickness, accident, for maternity, disability and old age: the medical, pharmaceutical care, hospitaller and outpatient; the unemployment insurance nvolontaria for all workers who have an income not exceeding a limit to be determined. Such a coherent plan will be implemented by imposition of a contribution from the employers and the employees, and with the additional state competition. Art. 3. The trade union and professional organization in the Republic is free; But the effects of the representative function is recognized San Marino Labour Confederation, which groups together in an organism categories of intellectual workers, technical, manuals, as well as production cooperatives and labor, the Houses of the People, the Workers' and found himself consumer cooperatives. In view of public functions and social character holding the federal government, which even the employment office, the Government of the Republic assigns to it for financial help to be determined annually. Art. 4. The workers of all categories, public and private employees, the settlers, the industrial business executives, commercial and merchant credit and insurance, they are in San Marino Confederation of Labour. Each of these categories will be grouped in a different union. Such management will determine the participation of the representatives of the category in the functions required by this law to the Confederation of Labour of San Marino. Art. 5. The working entrepreneurs and to administrative authorities, public and private, and generally the employer, you are in a union, that is, for the purposes of this Act, the interests. This Union will be regulated by a statute which must be sanctioned by the Grand Council of the Republic and General. Belonging to it, separated into unions or associations, for the individual categories: entrepreneurs, industrialists and businessmen, farmers, banks and financial companies. At each for the employer effect it means those carrying out professionally an economic activity organized for the production and exchange of goods or services, and makes use of the employer paid for the exercise of such activities. Art. 6. Small business owners, ie the farmers, artisans, small traders, and in general those who pursues his occupation organized with lav ro own and that of family members together to form an association that will represent it the promiscuous interest for the purposes of this Act. Even the status of this body will have to be sanctioned by G. and G. Council of the Republic. Art. 7. The control and supervision of the government on enterprises is exercised by a permanent Commission of Arbitration which includes a representative of the Confederation of Labour of San Marino, one of the Entrepreneurs Union, one of the Association promiscuous and four members appointed by the Great Council and General. The Sammarinese Confederation of Labour, and so the Entrepreneurs Union, experienced appropriate investigations, may resort to the Permanent Arbitration Commission for recorded cases of violation by the employers or the employees, laws, statutes, the obligations under the agreement or trade union rules, and for cases in which the entrepreneur's activities and of the employees results in damage to the public economy. The operation and the appeals procedure to the Commission will be governed by the current standards for similar institutions. Art. 8. The Commission judging of individual cases has the power to take appropriate action and
impose a monetary penalty of loading considered respon adept of the above infringements. Art. 9. Against the decision of the Commission may be submitted to Magistrate of Labour, in the person of the Law Commissioner, who always decides on the principles of equity. The Magistrate of Labour judge of the case submitted on the report and on the demands of the Tax Attorney. Art. 10. The Magistrate of Labour also judge at first and sole instance, of individual disputes that originate from employment and labor relations. So in dealing with disputes referred to rt. 7 8, as in that of individual disputes, has allowed the intervention of the Confederation of Labour and the Sammarinese Union or Association in court. The appeal to the Magistrate for Labour and the possible appointment of experts shall be governed by the applicable procedure. Art. 11. The Confederation of Labour and the Union Entrepreneurs will sign contracts and economic agreements to regulate labor relations of the employees. Employment contracts, reads as collective as individual, can not derogate from the rules laid down in the following articles. The same rules also govern without exception of the employment contracts for personal and domestic services, which are not subject to collective agreement regulations. Art. 12. Every collective agreement must contain - on pain of nullity - the rules on the probationary period, the amount of payment, working hours, rest periods, the disciplinary reports, the contract was terminated. Art. 13. The trial period, if agreed, should be agreed in writing; but also in this case the stipulation of it for a period exceeding seimes is not valid if it is not justified by the specialties of the tasks assigned to undertaking the work. During the trial period either party may terminate the contract without notice or compensation. Completed the trial period, the assumption of undertaking the work becomes final, and the time so spent was assessed in all respects. Art. 14. The salary of the employee can be tabilita time or piece rates, depending on the job requirements. In any contract it must be established mandatory minimum of time wages for all categories under which the contract refers. Rates of piecework, equalized to the normal average worker earning capacity, evono allow a minimum over the base pay earnings. The salary can be determined partially or completely even with profit sharing, or products, with commissions or benefits in kind. In such cases, the stipulation is void if the average of the investments, ragguagliata to one year, is at least equal to the basic pay. The remuneration shall be paid regularly at least every two weeks for blue collar workers and every month for the technicians and employees; in the case of pay a fee or participation in, the person undertaking the work is entitled to receive fortnightly or monthly payments to the extent appropriate. Art. 15. The duration of benefits is without distinction to all providers of work, 48 hours a week, equivalent to 8 hours daily. And 'it admitted the request to the Confederation of San Marino of overtime work in a maximum of two hours per day: this benefit will be paid a fee of 25 percent above the normal hourly pay. No compensatory rest is allowed. When, for exceptional circumstances, the person undertaking the work is required to work in the Sunday or festive days, remuneration will be increased by one hundred percent. From the application of this standard they are excluded categories that provide domestic or discontinuous work, waiting, for those involved in seasonal jobs, according to the attached tables. For these, however, it can not surpass a total of 72-hour work week. (App. A). The provision does not apply to ent leaders and people who occupy supervisory posts. Art. 16. The employee is entitled to the Sunday weekly rest and rest on the anniversary of the civil and religious holidays, which will be established annually by the Council G. and G. The rest should have a period of 24 consecutive hours. It is also up to the worker, after one year of uninterrupted service, a period of paid leave for the duration set by the table (App. B). The period of leave must be continuous if possible; the time in which the leave must be granted will be determined by agreement between entrepreneur and undertaking the work, taking into account their needs. The right to leave is not waivable, nor rinu cia can give rise to compensation. Art. 17.
It is up to the lender opera in Christmas week, as a bonus, the payment of one month's salary, if employed, and a week's salary if workers, inclusive of all allowances. To undertaking the work hired after January 1, or fired prior to payment of the bonus itself, this will be paid for by reason of the twelfths sevizio months worked in the year, if employed, and fiftieths because of weeks of pay jobs in the year, if the workers. It is also up to undertaking the work the full salary for the national holidays of April 1, July 28, September 3, October 1, if they do not fall in days Sunday. Art. 18. The employee must be on time and due diligence in the performance of the work; must comply with the instructions given for the execution and discipline of the work respecting the technical and administrative hierarchy. He is prohibited from trat are business on behalf of themselves or others in competition with the employer, and to disseminate information about the organization and methods of production or otherwise use landslides. Art. 19. Non-compliance with the provisions of the preceding Article may result, depending on the severity of the infraction, the application of one of the following disciplinary sanctions: verbal warning; warning; warning; suspension from work for up to a month; dismissal. Art. 20. The person undertaking the work is to be used for the duties for which he was hired. E ', however, in the power of the employer, in relation to esig nze the company, and in the absence of agreement, to use as the person undertaking the work in different job, provided this does not matter a decrease in total remuneration or substantiates the change in the position of him. Art. 21. Until the promulgation of the law on social insurance in case of illness, pregnancy or childbirth is due to the employee the full salary for the periods set out in the attached table C. The employee is entitled to resume service end of absence derived from injury, illness, pregnancy or childbirth, as long as the same absence does not exceed respectively twenty-four weeks in the first two cases and twelve weeks in the other two cases. Art. 22. The fixed-term employment contract of indefinite duration can not be resolved by any of the parties without prior notice, or without the corresponding benefits under the terms and to the extent set out in the attached table D. This provision also applies to the case of termination, reduction or liquidation of the company that are not determined exclusively by force majeure. The same benefit is payable by the employer in the event of termination of the employee to death; in which case the benefit is payable to the heirs of the employee in accordance with art. 8 of the law 15 June 1946, n. 25. Art. 23. In addition to the notice within the aforementioned sayings or failing this, in addition to the corresponding compensation, it is in any case due to undertaking the work a indenità proportional to the period of service, except in cases of dismissal for him guilty. The measure of compensation is determined by the attached beautiful t E. Art. 24. The allowance payable under Articles 22 and 23 must be calculated by computing all ongoing bonuses and certain amount, commissions, production bonuses and profit sharing, ruling out just how much is paid to te r exit charge. If the employee is paid in whole or in part by commissions, production bonuses or participation in, these bonuses are determined on the average of the last year. Art. 25. In the event of sale or transformation of the company, when the previous company has not provided for the liquidation of the previous articles cuiagli allowance, the transferee company, or the resulting transformation, where it intends not to hire the providers of work with all the rights to which they compete, will be held the observance of obligations the previous company. Art. 26. Both the entrepreneur as the person undertaking the work they are required to pay contributions to the special laws establish for the care and foresight, for accidents, illness, disability and old age, pregnancy, childbirth and unemployment unintentional, to the extent to be determined by the same laws and by the time of their enactment. These contributions will be commensurate income, respectively, on salaries or on wages. Not exclude the payment of contributions the stipulation of particular private insurance forms, although full load entrepreneur. The benefits of assistance and welfare are due to undertaking the work even if the entrepreneur does not
He has complied with the prescribed payments. In this case the entrepreneur, as well as the penalties provided for by special laws, will be held at the reconstruction of the damage caused by the failure. Similar obligation accuses the landowner to its contribution by the settlers and the agricultural workers it has accepted for cultivation works. In agricultural work at piece rates the contribution is due by the entrepreneurs themselves. Art. 27. Upon termination of the employment relationship, the employer is still obliged to issue the person undertaking the work certificate from the service it provided, in which will be specified the period of service and disengaged tasks. Art. 28. Any waiver or transaction to the treatment given to the employee by law or collective agreement, conchiusa during the course of the employment contract, is invalid. Nullity must, however, be invoked only within a period of three months from the termination of the relationship itself. Art. 29. The employers are obliged to hire the unemployed opera providers by means of placement of the following provisions of the Office. Employers are given the option of choice in the context of the inscribed in the lists of the unemployed within the category of eligible specific professional skills for the specific tasks. The manual labor contract concluded outside the Office of employment, can be canceled on the initiative of the Confederation of Labour Sammarinese prejudice to criminal penalties, when not having the object of special trust duties. Even in the case of lender taking opera to the special trust duties, the employer is obliged to obtain the prior approval of the placement of the Office. Art. 30. The person undertaking the work, the worker employed, unemployed, has the obligation to register in the Office of the placement list. Registration must essre performed by, in order of submission of the registration request, in the list divided by professional categories and gener production. The placement will take place following the same order of registration, except as provided in Art. 29. Art. 31. The employer has an obligation to report to the employment office within 48 hours, the employees who have dismissed or you are fired. Art. 32. The employer who violates the provisions of art. 27, 29, 31 shall be punished by a fine of L. L. 1000 to 5000 for each of the workers employed and not in violation of unciati to fulfill its forming load. The person undertaking the work that has failed to register with the office and take the service out through the placement office, is punished by a fine of L. 500 to L. 1000. The fines are for the Institute of Insurance social. Art. 33. The Job Centre is based at the headquarters of the Confederation of Labour of San Marino. It is in charge of a committee comprising one delegate of the Confederation of Labour who is its secretary, a delegate of the Union of entrepreneurs and a delegate of the Government that the headmaster. The performance of the placement office are free. Art. 34. The employee, whatever their category, must be provided by the Government of the Republic, through the Civil Status Office, and after consulting the placement coll'Ufficio, a personal record book. The booklet, serially numbered, must contener the identity of the holder and the working class as, and must allow recording of periods of employment in favor of any public or private entrepreneur, and so is the government, the pay received, the liquidations, the registration of charges of injuries possibly suffered, periods in which the person undertaking the work was assisted with details of their social security benefits received. Art. 35. The sealing of the booklet is entrusted, during the periods of service, the employer, who is responsible for it. The booklet is intended to be delivered at the end of the employment office service for review and control and submitted to it periodically during periods of unemployment, according to the regulations. Art. 36. The employer who does not attend to the exact record in the data booklet required by this Act, shall be punished by a fine of L. 500 to L. 5000 for each booklet of which has not cured the sealing exact. Subject to the same penalty is the employer who fails to collect or not guard himself from the booklet; if not present when this is requested is punishable by a fine of L. 300 to L. 1000. Art. 37. The industrial and commercial enterprises and those managing credit and insurance, managed by institutions, companies or individuals , they are obliged:
1) to comply with the Office's recruitment requirements for recruitment of manpower, for denunciations of recruited staff of any category and all changes in the personnel used by them; 2) to hold regular payrolls and other documents relating to the payment of remuneration of any kind to the same staff; 3) monthly report wages, salaries and fees paid to personnel, the Inspectorate of work, according to the modules that will be adopted social ll'Assicurazione d. Art. 38. Every employer is obliged to adopt, in the exercise of his business, the necessary rules to protect the physical integrity, the interests and the moral dignity of the person undertaking the work. Art. 39. E 'set up a labor inspectorate to which you are Reliable + control functions on the regular labor discipline and strict compliance with the rules contained in this Act. Art. 40. At the Labour Inspectorate has set up a register of companies, in which will be registered, grouped into the categories set out below, all companies that still carry on their activity in the territory of the Republic. Art. 41. They are subject to the membership both private companies and organizations which carry: - an industrial enterprise, commercial and agricultural; - A public service; - A banking enterprise, insurance or financial; - An administration company; - A healthcare enterprise; - Any additional or auxiliary activities of the previous; - Worker cooperatives, production and consumption. Art. 42. At the entry in the register of enterprises is carried out by the Labour Inspectorate, on application of the owner or lawful representative of the enterprise, established after the concurrence of the conditions prescribed by law for the grant or exercise authorization object of the enterprise activity itself. The inscription shows the social r gion, the object, the headquarters, branch offices, factories g, the name of the private firm, company or entity, the name of the legal representatives, proxies and attorneys, with the indication of their specific powers delegated , and summary indications of the deed, where there is. The application form must be submitted within one month of starting work. Art. 43. Every business owner must, within one month, notify the Labour Inspection, for the registration of charges in the register of companies, modificaz oni of the elements listed above. Art. 44. Any dispute concerning the obligation of registration, denied the registration of the company or the assignment to the category which it belongs, it will be determined on an action, by the Law Commissioner. Art. 45. The entrepreneur who fails to comply with the prescriptions of registration and subsequent annotations shall be punished by a fine of up to 10,000 L., upgradeable if repeated up to three times, without prejudice to the suspension or revocation of license, authorization, concession or permission which is subject the exercise of entrepreneurial activity. Art. 46. Cooperatives and workers' organizations that are part of the Confederation of Labor to perform seasonal work or for taking government jobs are subject to the obligations of membership in a special section of the trade register . Art. 47. The Government Engineering Department, for the work by the piece or in economics, the execution of which is entrusted to workers 'organizations belonging to the Confederation of Labour, is obliged to write down in a special register the working days performed during' calendar year by each undertaking the work. Based on these recordings we will be entitled to the rights and benefits granted to opera works to private providers involved. Art. 48. The working cooperatives and production and similar, lthough they are valid only in the performance of their partners, are forced, against their hired workers and for the fulfillment of the obligations of pension and insurance funds, to comply with the provisions of this law. The same rules also extend to trade unions as take contract work. Art. 49. The Government of the Republic and the bodies directly dependent on will only be obliged to observe the rules relating to assistance and social security, to the payment of paid holidays and 53 weeks and the granting of leave in proportion to the days worked , with the exclusion of any other charge and obligation prescribed by this law to be borne by employers. Art. 50. The conclusion of the first collective agreements should be subject to the sanction of Congress
State. Art. 51. This is without prejudice, in favor of the employees, the more 'favorable treatment resulting from current contracts, individual or category, or established by custom or usage. Given at Our Residence, this day of January 27, 1949 (1648 dFR). THE CAPTAINS REGENT Giordano Giacomini - Domenico Tomassoni THE SECRETARY OF STATE FOR INTERNAL AFFAIRS G. Forcellini TABLE A. Categories in which no working time limits shall apply: A) Personnel for housework even non-manual nature: tasks inherent in the normal functioning of the internal life of each family or living together, such as boarding schools, colleges, convents, etc .; B) Settlers and workers on cost contracts; C) personnel to ancillary activities of cultivation of the land; D) wife, parents and relatives no later than the third degree and the employer living with him and against him; E) Personnel Management, in charge of administrative technical direction of the company, or a department of it, with direct responsibility for carrying out the services; F) Employees discontinuous work or simply hold or guardians: 1. - Keepers; 2. - day and night Guardians; 3. - The porters; 4. - Fattorini, ushers, attendants; 5. - waiters, service staff and kitchen in hotels, restaurants, public exercises in gender; 6. - Weighers, warehousemen, dispensieri and aid; 7. - Worker firefighting; 8. - Personnel for transport of persons or goods; 9. - Wardens participating not physically at work; 10. - Staff in hospitals and health houses, except for the staff assigned to the services of the isolation wards of hospitals or seriously ill and sick of infectious forms or diffusive; 11. - Committed to shop; 12. - Staff probation officer of lifting equipment and distribution of drinking water; 13. - personnel to heating, ventilation and moistening of public and private buildings; 14. - Personnel for hygiene and health services, dispensaries, clinics, medical guards and places of public assistance; 15. - Barbers, hairdressers for men and women; 16. - personnel in electrical plants surveillance of machines, to the paintings of processing and distribution, and the guard and maintenance of lines and plumbing; 17. - personnel for road maintenance; 18. - Employees of the hotel whose jobs involve relationships with customers; 19. - Workers reps road pumps for the distribution of petrol; G) Workers in seasonal jobs: 1) Employees at the harvesting and threshing of cereals; 2) Employees to work the land by mechanical means; 3) Employees in the collection of fodder and silage; 4) Employees at harvest. TABLE B. Annual leave with pay. A week for the blue-collar workers with seniority from 1 to 3 years. Two weeks for blue-collar workers with seniority for over 3 years to 12 years. Three weeks for blue-collar workers with seniority of 12 years and older. Ten days for employees with seniority from 1 to3 nni. Fifteen days for employees with seniority from 3 to 5 years. Twenty days for employees with seniority from 5 to10 years - Twenty-five days for employees with seniority from 10 to 15 years. Thirty days for employees with seniority of 15 years and older. TABLE C. Accidents and illnesses. Duration of full pay. Workers with seniority from 1 to 5 years - 2 weeks "" "5" 10 "- 3" "" "10 years and over - 4" Employees with seniority from 1 to 5 years - one month "" "5" 10 "- two months "" "10 up - 4" TABLE D. notice of cancellation charged to the employer. Workers with seniority from 1 to 5 years - one week "" "5" 10 "- three weeks" "" 10 years up - 4 "Employees with seniority from 1 to 3 years - one month" "" 3 "5" - two months "" "5" 10 "- 3" "" "10 up - 4" The notice period must be doubled for senior employees (prosecutors, top managers and executives). The person undertaking the work is obliged to notice of cancellation to the extent of one third of time than that payable by the employer. TABLE E. retirement Benefits. workers . - with length from six months to a year: a day of regular pay for each service rendered during the quarter, with seniority from six months to five years: one week of regular pay for each year of uninterrupted servzio or fraction of year than six months; seniority of five years and over: one week of regular pay for the first five years and five days pay for subsequent years or fractions over six months. Employees. - With length of two to three years: a month's pay for each year of service actually provided;
with seniority of three to five years: one month per year of service for the first three years and twenty days for the next; seniority of five years and up: a month's pay for each year of service for the first three years, for the next twenty days up to five years and fifteen days for each year or part of a year over five. The seniority benefits Dual for senior employees (prosecutors, top managers and executives).