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ORGANIC LAW FOR EMPLOYEES AND SELF-EMPLOYED 12 May 1910 TITLE I. Admissions service. Art. 1. To become part of the permanent staff and paid fixed emoluments of the Republic of San Marino is required on the part of the candidates, fulfill the following conditions: 1 ° be a citizen of San Marino; 2 ° have attained the age of majority and have not exceeded the thirties. The Great and General Council shall determine case by case basis, exceptions to these rules; 3 ° have always kept conducted uncensored; And 'powers for the Council to determine, case by case, the documents you will have to apply to the aspirant to prove that he meets this condition; 4 ° be provided of qualifications and practice exercised recognized essential for the smooth performance of the duties that the aspirant will be conferred. The special laws on the various services to determine each office certificates of conformity to be requested to the aspirants; 5th possess the other requirements that were particularly in demand for certain positions or offices. Art. 2. - Appointments to vacancies of office workers are made by public competition. And 'however it allowed, when special circumstances so require, to provide for vacancies for direct call. Recognizing these special circumstances it is reserved to the Great and General Council. In cases of public competition for the Council to determine whether it should be based on qualifications or examination, to establish conditions to be observed in either case, and to publish 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 candidates declared suitable for a competition, but not selected, do not buy because of the suitability achieved any rights to the Republic. This provision must be included in every competition notice. For the posts of wage it is allowed that the appointment can also occur without being preceded by public competition. Art. 3. - The appointment of all the places of both employed and wage-d is reserved 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 appointed ap rtire be taken by the service. Art. 4. - The employees and wage earners, before being allowed in ervice, must under penalty of forfeiture, the oath ritual, according to the formula established by the Great and General Council. The oath is to be provided before the Regency. The oath is signed by the new appointed. TITLE II. Art. 5. - The Home Secretary is the head of the administrative offices. The staff (employees and wage earners) no officer to the administrative offices depends directly from the official who is in charge of the office of the head to which service lends his own work. TITLE III. In-service stability. Art. 6. - All employees and wage earners 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 engaged in trial and dismissed for lack of confirmation 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 employee or wage earner 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 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 to the person owned 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 who, by nature of its functions has no 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 Salaried employees can get a leave of no more than twenty days per calendar year. The leaves are granted by the Regency to which must be wondered. When the public service will suffer, the leave may be refused, limited and even suspended and the employee or wage, which already enjoys can be called. During the period of the leave the absent will be replaced by office colleagues, or related offices, without this it is for their right to compensation. But when the substitute employee in c or wage ngedo amounts in those who subrogation provisionally a heavy personal burden, it is for the alternate appropriate compensation paid by the public purse. The amount of this allowance By no case more than the replaced employee's salary is set by the Regency. Art. 11. - In case of duly proven illness and after a week of absence from work, the employee or wage earner must ask the Regency u leave for illness. Such leave shall not exceed thirty days. During the leave the employee or wage continues to receive the full salary. 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 resumption of regular service, the employee or wage earner must ask the Regency to be placed on leave for health reasons. 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 at the expiry of the leave of absence the King persist even infirmity prevents the employee or wage earner to resume regular exercise of his functions, he with the Great and General Council measure sponsored by Regency 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 illness appears contracted because of service all the terms set out in previous articles 12. 13. 14. 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 to the public exchequer load. 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, will 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 in the event of termination of service. TITLE V. Rights and duties of staff. Art. 17. - The employees and wage earners are entitled to percepir the salary of public expenditure in the annual budget is established for the office and place ach of them holds. 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. - And 'granted to salaried employees or the increase in the tenth year of the salary received for each completed six years of service. The trial period referred to in Article 7 shall be included in the computation of time for the six-year increase. The tenth for six-year increases can not exceed half the starting salary assigned to the employee or wage earner. Art. 19. - The employee or wage earner who has completed trentaci que years of service, has the right to ask to be exempted from duties. Equal right is recognized or salaried employee who reached sixty-five years of age accounts no less than twenty-five years of service. E 'it is given the opportunity to the Great and General Council of rare eson by the employee or the wage functions to be in the above conditions. The employee or wage will in such cases be entitled to assert its rights to the treatment established for the case of the end of service. Art. 20. - The employees and wage earners who leave permanently from the service will be entitled to the board, or compensation to be determined by a special law. Art. 21. - For the employees and wage earners in the service of the Republic has established that the following obligations: a) reside permanently in the territory of the Republic. E ', however, given the power of the Regency to allow exceptions to this rule that special circumstances may warrant determining the precautions of 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. d) strictly keep the secret of office. e) use pay respect and obedience to the authorities of the Republic and the Chiefs; f) continue to employ a correct and irreproachable conduct demeanor in private life; g) provide his own work in the service of the State, ven outside of the ordinary duties, in all contingencies and functions that come ask them for reasons of their office. TITLE VI Penalties Art. 22. - The punishment to be imposed for employees and wage earners of the Republic, in case of their shortcomings, are as follows: admonition (1 degree) censorship (2 degree) the fine (grade 3 ) suspension (4 degree) dismissal (5. capable) impeachment (6 grade) Art. 23. - the admonition is a warning given by the head from which depends on the employee or wage. Art. 24. - Censorship is a solemn declaration of blame that is imposed in writing by the Captains Regent, after having heard the explanations of the employee or wage earner. Art. 25. - The fine is an extraordinary retention which by order of the 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 five pounds for employees, and two pounds pei wage earners, and may in no case exceed one quarter of the mensil salary. The fine was imposed by the regency, after having heard the explanations of the employee or wage earner. Art. 26. - 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 both prosecuted pei offenses as contained in chapter IV of the encoding and criminal, and other common crimes that judgment 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. 27. - The dismissal matter the immediate exemption from duties simultaneous cessation of
salary and job loss being declared v cante. Import dismissal: recurrence in the deficiencies that gave reason to the suspension and the sentences have become final pei offenses specified in Part II, chap. IV (class 2a. Misdemeanors of art.241 et seq.) Of the Criminal Code when the sentence amounts imprisonment, joint or not cl'ammenda, 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 re Erra of ignominy. The penalty of dismissal is pronounced by the Congress of State acting on a complaint on the part of the Captains Regent of the facts that might give you cause, and after udit the employee or wage earner who is not detained for serving 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. According to the severity of the causes that can determine the punishment of dismissal, the Congress of State can grant or refuse, an allowance in n ssun case exceed three months' salary. The salaried employee or fired for punishment, retains any rights, the treatment defined pel if the service ends. Art. 28. - The impeachment 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 state of San Marino, 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 state security, which is the effort with which they are punished. The penalty of dismissal 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. 29. - 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 the family macanza , 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. 30. - In the application of penalties laid down in this Title VI is not about the order in which they are listed in Article 22 of, so that the less severe precede the more 'rigorous, but it will instead about the seriousness of the misconduct, and the degree of fault of the employee. The penalties of any degree, must be entered in the register pposito. Art. 31. - 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. 32. - The Congress of State in the exercise of disciplinary funzioi assigned to it by this Act, be constituted and function, as follows: The ten members elected in the ordinary way are aggiunt, by designation of the Great and General Council, five other members elected by vote of the directors who are not employees. The five additional members are appointed in March; They hold office for two years, and may be reappointed. The Captains Regent preside over the Congress of State govern with the consent, and convene whenever they deem it necessary. The meetings 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. 33. - The Commission staff is always composed of five members who serve for two years and may be reappointed.
Two members are appointed by the Great and General Council from among citizens who do not belong to the Council and are not employed, and two other members are nominated by the staff among those who are not directors. For such designation Personnel shall be convened in a special meeting organized and chaired by the secretary of state for the interior. The President is appointed by the Great and General Council from among persons outside the Council, and that they are graduates or graduates, and durain c rica two years. The Commission is permanent and is convened whenever it is invited 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. - Table to p. 243 to 246 Suppl. I ° -
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