And For Salaried Employees

Original Language Title: Per Gli Impiegati E Salariati

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009750.html

N. 34. Organic Law for Employees and Salaried employees. We the Captains Regent of the Republic of San Marino promulgate and send for publishing the following law approved by the Great and General Council in His Returning models December 17, 1925: TITLE I. Admissions service. Art. 1. To become part of the permanent staff and re ribuito with fixed emoluments of the Republic of San Marino, it is necessary, on the part of the candidates, fulfill the following conditions: a) be citizens of San Marino; b) have reached the age of majority and have not exceeded 30 years; c) have always had conducted criminal record; d) be provided with educational qualifications and practical exerted essential for the smooth operation of the functions; e) have any other requirements that were particularly in demand for certain functions. The condition referred to in subparagraph c) must be fully proven with documents to be requested individually. The securities and requirements referred to in subparagraphs d) and e) are determined by the laws and special Specifications that regulate each use. The Great and General Council may in any case fre exceptions to the above rules. Art. 2. Appointments to posts, offices or services vacancies employee or wage earner, they do it to public competition. E ', however, it permitted, when appropriate, to promote employees or employed persons who, having the necessary qualifications, have given in other places, offices or state services test of skills, or when any other special circumstances so require, to provide per call direct. The recognition of these special circumstances is laughed approved the Great and General Council, which shall determine, in cases of public competition, whether it should be based on qualifications or tests, to establish conditions to be observed in either case and to order the relevant notice. The appointment of the Examination Board of the competitions is made by the Great and General Council at the proposal of the Regency. The declared eligible competitors in a contest, but not selected, do not buy because of the suitability achieved any rights to the Republic, even if this provision has not been included in the Announcement. Art. 3. The appointment to all places of both employed and wage is paid to the Great and General Council. The appointment of participation is given to the person in writing by the Home Secretary. Participation in the appointment shall indicate the date from which the ap rtire appointed must assume service. Art. 4. The employees and wage earners, before being allowed into service, must, under penalty of forfeiture, the oath ritual, according to the established formula. The oath is to be provided before the Regency, to set an acceptance of all the duties and charges indicated in the respective Specifications and in the provisions that somehow relate. The oath is signed by the appointed who takes the service. However it is always reserved for the government to change the laws, regulations, however Specifications regarding employees and wage earners. TITLE II. Hierarchies of Art. 5. The offices and administrative services mainly come under the Secretary for Home Affairs and Finance, drawing to the Secretary of State for Foreign Affairs of the predominantly political offices and services. The Secretaries of State are leaders of their respective hierarchies to side and dependent Regency, and as such in front of it in charge of the service and the discipline of the subject hierarchy. TITLE III. In-service stability. Art. 6. All employed and self-employed persons of the Republic must, after their appointment, pay a testing service for a period of not less than two years. The special laws on various public services may establish a trial period even longer than two years. Are exempted from the employed and wage earners as trial service, having served a first time for the entire period of time prescribed, they are then left the service of the Republic, and more 'later be readmitted in the same office or other SIMILAR. If the riassunzio and service takes place for several offices from the front covered, the Regency will decide whether, and how, can be reduced by the new experiment service. Art. 7. The employee or wage that during the trial period has not proved its sufficiency in service is fired. The dismissal is approved by the Great and General Council at the proposal of the Regency. Compete to the Interior Secretary inform him in writing of the dismissal decision and the date from which it takes effect. The dismissal decision can not be appealed. The employee hired under test and fired, for
not confirmed, he will be entitled to three salary mesate but will have to leave the place immediately. E 'it is given the opportunity to the Council, when special circumstances so warrant, to promote the dismissal without having to wait until it is over between the whole test period. Art. 8. The employed or salaried, who, during the trial period, gave demonstrations of his sufficiency in service, is entitled to an extension in life. The judgment on the sufficiency is given by the regency after consultation with the Secretary of State and communicated to the Great and General Council by the last quarter of the two-year period referred to in Article 6. The reappointment is approved by the Great and General Council and subsidiary to the person by the Home Secretary before the trial two-year period is fulfilled. Art. 9. The employee or wage earner is entitled to give at any time his resignation. They must be submitted in writing to the Regency. The right to accept the resignation up to the Great and General Council. If accepted the resignation, to ensure the continuity of public tasks that could not immediately be transferred to others, it is given permission to the Regency to come to special agreements with resigning for a convenient extension of service. TITLE IV. Leave - Expectations - Availability Art. 10. The permanent staff of the Republic for natu to its functions do not have vacation you may be long over the month, you can obtain leave as service continuity is assured through the work of suitable alternate proposed by the respective employees, and approved by the Regency. When, in the opinion of the Regency, that condition is v rifichi, employees can obtain leave, with the perception of the entire paycheck, in msura not exceeding thirty days for each calendar year. The employee may obtain a leave not exceeding ten days for each calendar year. The office colleagues or service and offices or similar services, are required to make up for the absent during the Upper leave with the right to reciprocity. No alternate employee or wage earner is entitled ac mpenso charged to the Public Treasury. The Regency may refuse, limit and also suspend the leave, calling the employee or wage earner who already enjoy, as often as, in its view, the public service and the public purse suffer. Art. 11. The employee or wage falling ill should immediately give notice to the Secretariat for using hierarchical, transmitting as' soon the medical certificate. In the event of duly proven illness and after ten days of absence from work, the employee or wage earner must ask the Regency, again through hierarchical, leave for illness. Such leave shall not exceed thirty rounds. During the leave the employee or wage continues to receive the full salary, but having a dependent to substitute any of the first ten days. If, after the lapse of the said thirty days, for infirmity persists, the employee or wage was not yet able to fully resume s rvizio, he must apply to the Regency extending the leave granted to him. Such extension shall not exceed thirty days. Even during the extended employee or wage continues to receive the full salary. Art. 12. If, after the extension of which to be operative precedent article, the persisting weakness in order to prevent the regular resumption of service, the employee must apply to wages or through the medium hierarchy to the Regency to be placed on leave for reasons health. Lacking the demand is transmitted, the cllocamento on leave is sorted automatically by the Regency. Against that decision on it be set aside. The period of leave may not extend beyond a year. During the expectation salary it is reduced to half. Art. 13. If, on expiry of the period of the still persist and infirmity prevents the employee or wage earner to resume regular exercise of his functions, with expectation of continuity he by order of the Great and General Council promoted by the Regency, prior fiscal visit, and not subject to opposition, is released from his duties for health reasons and be entitled to assert its rights to any treatment provided for in the event of termination of service. Art. 14. When the result infirmities contracted because of service all the terms set out in the previous Articles 11 and 12 has doubled. Art. 15. During the period of absence for illness or wage clerk at the Regency provides him subrogation with a suitable temporary substitute. The alternate shall be entitled, during that period, to an appropriate compensation, after the first ten days,
Treasury expense. The amount of this allowance is fixed by the Regency. Art. 16. The employee or wage earner can be put in readiness for reduction or withdrawal of bodies or offices. Its decision is issued by the Great and General Council. The period of availability can not be superior to one year, as long as it takes the salary is reduced to half. The employee or wage earner in availability shall be entitled to occupy those places or offices could make vacant during the period of availability, and to which the Council was deemed suitable. Expiry of the period of availability without the readmission occurred in another place or office, the employee or salaried certainly cease to form part of the staff of the Republic, and is entitled to assert its rights to any treatment provided for the case termination of service. TITLE V. Rights and duties of staff. Art. 17. The employees and wage earners are entitled to receive the salary of public expenditure in the annual budget is established for the office and place ach of them covers, according to the annexed table. The salary is fixed solar year and is paid from the public case, against a receipt, to the last day of each month for twelfths postponed. Art. 18. It 'forum for employees or wage increase of the tenth year of the salary received for each five years of service accrued, up to five year periods. The trial period referred to in Article 7 shall be included in the computation of time for the five-year increase. The increases for the tenth five-year can not exceed half the starting salary assigned to the employee or wage earner. Art. 19. A special law establishes the right of pension benefits. Art. 20. For the employees and wage earners in the service of the Republic has established the observance of the duties inherent in general to their office, position or rank, according to the laws, regulations and specifications and also the following: a) reside permanently in the territory of the Republic . E ', however, the faculty of the Regency of allowing this r throat exceptions that special circumstances may warrant determining the precautions from which the exception will be surrounded. b) wait for the disengagement of its task with zeal and diligence in accordance with the requirements in force for the various services; c) regularly observe the time of service. Unless otherwise in the fixed time or to be fixed for certain services, the ordinary time is six hours daily, divided into two shifts, morning or afternoon, from 1 October to 1 April, and seven hours as above from 1st April on 1st October, for employees; of eight hours as above for the full year for employees. However the staff must be ready even in hours outside timetable when urgent needs require, without the right to any compensation. The times must be scrupulously observed by all. No employee or wage earner in the hours of service may be absent, though temporarily, without the permission of the Head Office or service or whoever takes his place, and if not for good reason. Daily permits can only be granted dl Secretary, who, when justified reasons so require is authorized to protrarli up to five days. Permits in excess of five days shall not be extended except by Regency. The permits will go forward against ordinary annual leave. d) strictly keep the professional secrecy; e) use pay respect and obedience to the authority of the Republic, to the Chiefs and any higher; f) continue to employ their good behavior and an irreproachable conduct in private life and entrust their morality, inspires confidence in any respect and always be attuned to ways dutiful to my nation; g) provide his own work in the service of the State, lthough the outwards of the ordinary duties in all contingencies and functions that come ask them for reasons of their office, and, according to superior orders, even outside of ordinary incombenz. Art. 21. The employees and wage earners can not enter into business relationship with the Administration of the State, nor deal in the office or in business service pro re or other people, strangers to their respective duties, nor accept remuneration pel disengagement of their duties. And 'also it is forbidden to keep in the same office or other stable temporary and perform administration tasks outside the State paid and unpaid, when, in the opinion of Congress, what lathes incompatible with the duties of the employed and salaried. Against the decision of the Congress is given to resort to the Great and General Council. Art. 22. If in any office you discover any arrears relating to the performance of the service, in
a result of negligence or carelessness of the employees, the Congress, after consulting the Secretary, shall oblige employees to prolong the normal schedule of two free hours a day until the work is up to date and in cases more 'serious provveder to the arrangement of the abandoned works to the responsible employee expenses. TITLE VI Penalties Art. 23. The penalties are to be imposed for the following employees and wage earners of the Republic, in case of their shortcomings,: admonition (1 degree) censorship (2 degree) the fine (grade 3) the suspension (4 degree) dismissal (5. capable) impeachment (6 grade) Art. 24. the admonition is a warning given by the head or service on which depends the employee or wage. Art. 25. The complaint is a formal statement of condemnation that is imposed in writing by the Secretary after having heard the explanations of the employee or wage earner. Art. 26. The fine is an extraordinary retention which by order she Regency and due punishment is carried out on the employee's wage or salary recognized as worthy of punishment. The fine can not be less than ten pounds for employees, and five pounds pei wage earners, and may in no case exceed one fifth of mensil salary, computed any bonuses. The fine was imposed by the regency, after having heard the explanations of the employee or wage earner. Art. 27. The suspension matter leaving the service and contemporary loss of salary, ranging from one day to two months. Shall incur a suspension of the employee wage and in case of repetition of the offenses which gave reason to the application of the fine, and when it is subjected to criminal proceedings pei offenses specified in the terms IV - tit. 2 - p.2. cl. II of the Criminal Code, and other common crimes in the opinion of the State Congress have ignominy. If the criminal case shall extend beyond two months, it will be up to the Congress of State to take appropriate action. The suspension is imposed by the State Congress previously heard the clerk's justifications or wage, and the opinion of the Commission staff, acting on a complaint of the Captains Regent. The measure of suspension must be communicated to the Great and General Council in its more 'next meeting. Art. 28. The dismissal matter the immediate exemption from duties simultaneous cessation of salary and job loss being declared v cante. Import dismissal, the sentences have become final pei offenses specified in Part II., Title II ch. IV (Class 2. Misdemeanors art.241 et seq.) Of the Criminal Code when the sentence amounts imprisonment, joint or a fine, or fine, except pei crimes under art.247 - 248-249 of cod . pen. provides for whom Article 28 of this Law and other common crimes that the State Congress deems to ignominy. Moreover import dismissal, regardless of any criminal action: a) recurrence in the deficiencies that gave reason to the suspension of more than three months; b) the abuse of authority or trust and serious acts of insubordination to the Supreme Authority of the State; c) non-compliance of official secrets; d) the professional incapacity or inability or recurrence in the facts referred to in Article 22 of; e) the abandonment of office, without compliance with the provisions of this Act. The penalty of dismissal is pronounced by the State Congress acting on a complaint on the part of the Captains Regent of the facts that might give you cause, and after hearing the salaried employee or that it is not owned as to expiration of the sentence, and the opinion of the Commission Personnel. The decision of the State Congress must be notified to the Great and General Council in its more 'next meeting. The salaried employee or fired for punishment, can no longer 'be permitted in service. Depending on the severity of the causes that can determine the punishment of dismissal, the Congress of State can grant or deny a bonus that under no circumstances may exceed three months' salary. The employee hired or fired for punishment, retains any rights, the treatment defined pel event of the end of service. Art. 29. The removal matter the immediate dismissal with related effects in the previous article, with forfeiture of any and all rights, the treatment defined pel case of end of service. It incurs dismissal, even independently of any criminal prosecution, for any malicious act against the San Marino State, or against friendly powers pei crimes envisaged by art.247-248-249 of cod. pen. and serious acts of insubordination against the administration of the State, the Regency
or superiors, committed publicly with obvious offense of the principle of discipline and authority. also import the dismissal convictions become final for offenses of any class, and especially against the security of the state, what is the sentence with which they are punished. Worthwhile destination is pronounced by the State Congress acting on a complaint on the part of the Captains Regent, the facts that may give you cause, and after hearing the clerk or employee, who is not detained for serving the sentence, and the opinion Commission Personnel. The decision of the Congress of State shall always be communicated to the Great and General Council in its more 'next meeting. The employee or salaried removed will no longer 'be reinstated in service. Art. 30. Pel case of suspended pending judgment, the Congress of State may determine with the approval of the Great and General Council, ch the employee's salary or wage is up to half assigned to his family and macanza family, He intended for his benefit. If the process will end coll'assoluzione, or statement not to be to prosecute, the employee or wage suspended, will be put back in place, and perceive the lost salary. Art. 31. In the application of penalties laid down in this Title VI. you are not about the order in which they are listed nell'art.23, so that the less severe precede the more 'rigorous, but you will instead have regard to the gravity of the misconduct, and the degree of fault of the employee . The penalties of any degree, must be entered in the register pposito, or personal employee or wage sheet. Art. 32. Against the resolutions of the Congress of State importing the dismissal or dismissal, the employee or wage earner may have recourse to ordinary courts of Appeal constituted as Administrative Judge. The ruling of the Administrative Judge's decision is final. Art. 33. The Congress of State in the exercise of disciplinary powers granted by this Act, be constituted and function, as follows: The Captains Regent preside over the Congress of State govern with the consent, and convene whenever they deem it necessary. The meeting of the Congress are valid with the intervention of at least two thirds of its members, and resolutions shall be taken by majority vote. Equality of votes is to the benefit of the employee or wage subject to disciplinary action. TITLE VII. Commission Personnel Art. 34. The Commission's staff is composed of a Chairman and two members who hold office for the term in which they are appointed and are eligible. The Grand and General Council appoints the President among everyone a degree or diploma, a member of the directors not employed or salaried, and a bro me among the staff of employees or wage earners. The Commission is permanent and is convened whenever it is sent to give its opinion in the cases designated by this Act. The Commission shall act by a majority of votes: in case of equality of votes, the party that obtained the suffrage delPresidente. Art. 35. This Act, which repeals the 26 April to 12 May 1910, all provisions incompatible with the present, shall enter into force immediately with retroactive effect from 1 April 1926 as a notification from the Secretariat of the Interior on April 19 Ranked # 21. Given at Our Residence this day of December 13, 1926. THE CAPTAINS REGENT Giuliano Gozi - Roger Morri p. THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Francesco Morri - table page. 42-44 BU n. 8/1926 -