Draft Decree Law REPUBLIC OF SAN MARINO DECREE - LAW 30 June 2014 n.100 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law on December 15 2005 no. 183 and Article 12 of the Qualified Law 15 December 2005 n. 184, namely: - the needs related to the ongoing difficult economic and employment phase and the consequent increased use of the redundancy fund and requests for collective redundancies and to the state of mobility admissions; - The need and urgency to extend the terms of the deadlines set by some provisions of Decree Law 91 of July 23, 2013 "Urgent Measures in the area of social safety nets and temporary retirement benefits"; - The need and urgency to immediately make corrections to certain provisions of the aforementioned decree in order to protect new and more difficult situations of relocation in the workplace; - The urgent need to enhance, maintain and ensure immediately the safeguards of the jobs and the extraordinary measures of social protection for those who do not have other forms of income support, with particular attention to the most vulnerable, until the review of the system of social safety nets and a more comprehensive reform of the Labour market; Considered the case for introducing a single rulebook regulate such extraordinary measures; Given the decision of the State Congress adopted in the sitting of 6 June 24, 2014; Having regard to Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2, of the Qualified Law n.186 / 2005; Promulgate and publish the following decree-law: URGENT IN THE MATTER OF WELFARE AND SOCIAL SECURITY TREATMENT TEMPORARY Art. 1 (Unemployment benefits: extraordinary provisions) 1. The benefits referred to in paragraph 2 of Article 23 of Law 31 March 2010 n. 73 may be extended to all San Marino citizens, residents or permit holders of ordinary residence that have already benefited from the special economic compensation, which they are involuntarily unemployed. 2. The unemployment allowance for the additional period referred to in paragraph 1 is paid for a maximum of nine months and calculated according to the rate mentioned in paragraph 1, letter b), the final paragraph of Article 23 of Law no. 73/2010, for those who have carried out activities in the last two years before dismissal, over 12 months to 24 months at least 243 days of contribution valid for the pension effects, regardless of age registry. 3. The unemployment allowance for the additional period referred to in paragraph 1 is higher than paid for a maximum of six months and calculated according to the rate mentioned in paragraph 1, letter a), Article 23 of Law no. 73/2010, for those who have carried out activities in the last two years prior to the dismissal of more than 6 months to 12 months at least 121 days of contribution valid for the pension effects, regardless of age registry. 4. The parties referred to the upper paragraph 1 within eight working days from the end of the previous period of unemployment, they must apply to the Institute for Social Security on a special form prepared by the same Institute. In this form, the Labour Office shall place formal declaration stating their registration of the worker in the job placement lists under current legislation. 5. The deadline for submission of the application can be from eight to thirty working days; After the first term the claimant loses her payment for the previous period. 6. To access the benefit referred to in this Article, the persons referred to in paragraph 1 higher, will not holders of other income, net of deductions under current legislation, of any kind or origin for an amount equal to or greater than EUR 12,000.00 (twelve thousand / 00) per year, or if the household in fact the applicant is composed of at least two people, per capita income must not exceed the annual amount of EUR 9,000.00 (nine thousand / 00) net of killing and liabilities derived analytically as required by current legislation, taking into account the provisions of paragraph 5 of Article 151 of law 16 December 2013 n. 166. 7. For the purposes of determining the income above the amount resulting social absorber perceived earlier by the applicant will not be counted. If there is income earned abroad is considered the amount net of taxes.
8. The taxable income, competitor to the formation of household income from self-employment whose gross amount is lower than the minimum established by Article 11 of Law No. 5 October 2011. 158, as amended, it is increased by the difference between the declared income and the minimum expected for the reference year. 9. are excluded from the benefits of the provisions of this Article the subjects who have been permanently revoked the right to social security benefits in accordance with current standards. 10. The deadline for submission of the request for access to the allowance referred to in this Article shall be 30 June 2015. This date shall not apply to persons who have reached 55 years of chronological age to the commencement of the Special Economic Allowance (IES) resulting in mobility arrangements, as long as stipulated by June 30, 2015. Art. 2 (access to early retirement benefits) 1. this Article lays down rules for access to the right to retirement notwithstanding the provisions of the Laws on February 11 1983 n.15, November 8, 2005 n. 157, October 5, 2011 n. 158 and Article 51 of Law 150 of December 21, 2012. 2. To access the provision of early retirement benefits must meet the following requirements: a) be at least 57 years of age no later than six months after disbursement of all the social security benefits and contributions of at least 40 or at least 35 years; In this last case they are applied disincentives for in Article 7 of Law no. 157/2005 as amended by Article 9 of Law 18 March 2008 n. 47; b) be in possession of the San Marino citizenship or residence in the Republic of San Marino; c) have involuntarily lost their job after 31 December 2008; d) have made use of all the social security benefits provided by current legislation as a result of collective redundancy procedure under the law and have maintained the status of unemployed; e) not having rejected any proposal for re-employment, which have led to the withdrawal of social safety nets. 3. For the purpose of calculating the contribution of which to the upper paragraph 2, letter a), are added together, those of San Marino, contribution periods completed in the social security systems of countries with which the Republic of San Marino has signed agreements or agreements where provision is made for aggregation of the same. Art. 3 (ordinary early retirement pension) 1. Notwithstanding the provisions laid out under paragraph 4 of Article 6 of Law no. 157/2005 and in the presence of the requirements of paragraph 2 of Article 2 above, with the exception of the letter a) shall be provided access to the ordinary early retirement pension if you have the following additional requirements: 60 years of age not more than twelve months from the end of disbursement of all the social security benefits; b at least 20 years of contributions. 2. For the purposes of the maturation of the requirement in the upper paragraph 1, letter b), are added together, those of San Marino, contribution periods completed in the social security systems of countries with which the Republic of San Marino has signed agreements or agreements where provision is made for aggregation of the same. 3. To access the provision of early retirement benefits for ordinary old-age pension, the employees who have reached 57 years of age and have a number of years of contributions of less than 35 and greater than 20/25 years, in the presence of the requirements of referred to in paragraph 2, Article 2 of Decree - Law no. 91/2013, with the exception of the letter a), are placed in ordinary pension early retirement at 60 years, without sacrificing the ability to be restarted to work. Art. 4 (Question of early retirement benefits and early retirement ordinary) 1. The right to early retirement benefits and early retirement ordinary rises as a result of applications submitted at the Institute for Social Security. The demand for access to early retirement benefits and early retirement can be ordinary advanced simultaneously with the stipulations of the agreement mobility. In this case an employee who has expressed this desire gives up the opportunity to be restarted to work. An employee who intends to express willingness to take up early retirement benefits or early retirement and ordinary for which the mobility agreement either before the entry into force of this decree-law, may do so after notifying the Secretariat of State for Work; this implies the renunciation of the possibility of being restarted at work. The will expressed as above obliges the
worker to submit the application for retirement to the competent office no later than the period specified in paragraph 4 above or in any case no earlier than three months prior to the maturity date of the right to early retirement benefits. 2. The documents necessary for the submission of the application are: a) birth certificate - certificate of residence - marital status; b) copy of the latest payslip received before the mobility agreement. 3. The certificates referred to in subparagraph a) of the preceding paragraph may be replaced by self-certification as per Law No. 5 October 2011. 159, to be made at the Office Performance Economical ISS. For documentation referred to in point b) of the preceding paragraph the receiving office for direct access to databases held by the public sector expanded. 4. The deadline for filing an application for access to early retirement benefits and early retirement ordinary referred to in this Article shall be 30 June 2015. Applications may be submitted, except as provided in paragraph 1 above, from March 31 2015. 5. An employee who intends, at the end or during the enjoyment of social safety nets, expressing their willingness to access the ordinary retirement pension or ordinary retirement in accordance with current standards and that expresses such a will at the time of the mobility, renunciation of the possibility of being restarted at work. 6. Expressed the higher will the worker has the obligation to apply for ordinary retirement pension or ordinary retirement security office within the limits set by current regulations. Art. 5 (measures of early retirement benefits) 1. The amount of the early retirement benefit is calculated on the basis of the provisions of paragraphs 1 and 2 of Article 3 of Law no. 157/2005 and Article 17 of Law no. 158/2011 and reduced by a share of 10% to be allocated to the Social Fund absorbers. 2. The pension is paid to the amount calculated pursuant to the provisions of the preceding paragraph, until they reach the age foreseen for retirement pension. From the first day of the month following completion of the retirement age, retirement, whichever is more favorable, it will be paid to the extent determined by the calculation made on the basis of paragraph 3, Article 3 of Law no. 157/2005, as amended by paragraph 1, Article 17 of Law no. 158/2011. The date itself is not the reduction referred to in paragraph 1. 3. It is no longer applied without prejudice to the provisions of Article 8 of Law no. 157/2005 and subsequent amendments and additions. Art. 6 (Measurement of the ordinary early retirement pension) 1. The amount of the ordinary early retirement pension is calculated on the basis of the provisions of paragraphs 1 and 2 of Article 3 of Law no. 157/2005 and Article 17 of Law no. 158/2011 and reduced by a share of 10% to be allocated to the Social Fund absorbers. 2. The pension is paid, the amount calculated pursuant to the provisions of the preceding paragraph, until the completion of age scheduled for the age pension. From the first day of the age of retirement to retirement, if more favorable month, is paid to the extent determined by the calculation made on the basis of paragraph 3 of Article 3 of Law no. 157/2005, as amended by paragraph 1 of Article 17 of Law no. 158/2011. The date itself is not the reduction referred to in paragraph 1. 3. It will be more applied subject to the application of the provisions of Article 8 of Law no. 157/2005 and subsequent amendments and additions. Art. 7 (wage treatment Edit to employment in accordance with the Agreement of 13 June 1984 and subsequent Agreement of 5 July 1989 signed between the Department of Labor and Department of Health) 1. For the persons who work with insertions of work under the Agreement June 13, 1984 (approved by resolution of the Congress of State no. 9 of 14 June 1984) and the next Agreement update July 5, 1989 (approved by resolution of the Congress of State no. 5 of 28 August 1989), signed between the Department to labor and the Department of Health (Social Recovery Agreement), will be paid, on the recommendation of the Executive Committee of the Institute for Social Security, a remuneration, whose maximum will match the amount provided for the supplement treatment pensions provided for in Article 8 of Law no. 157/2005 and subsequent amendments and additions. Art. 8 (corporate solidarity agreements) 1. Subject to the information and consultation procedures set out in collective agreements
and / or procedures set out in Title II, Chapter I of the law 31 March 2010 n.73, employers in difficulty or crisis that might lead to a reduction in employment levels, assisted by their respective organizations category can be identified with the trade unions of the workers employability measures and instruments to support the income, made available by the Ordinamento, more effective in protecting both the levels of employment of workers of both the productivity of the company, in compliance with the of the law and the applicable contract. The same procedure must involve the Secretariat of State for Labour and the Secretariat of State for Commerce, Industry and Handicrafts. 2. The business agreement of solidarity, hereinafter referred to as "solidarity" agreement, formally signed by the employer, the trade union organizations of workers and employers involved, as well as by the Secretariat of State for Labour and the Secretariat of State for the Craft Industry and Trade, it is a valid document for the provision of the measures and the activation of the tools identified in it. 3. In the event that, for the preservation of employment levels, has been provided for a concerted reduction of all workers employed by the employer, the agreement of solidarity, lasting no more than twelve months, may allow , notwithstanding any specific regulated procedures and requirements established by law, the provision of treatment of layoff and earnings in an amount not exceeding 50% of the lost salary inclusive of hours not worked and the related deferred salary (Christmas bonus, seniority benefits, vacation). 4. Where intervene, for a worker involved Agreement of solidarity, a period of absence for temporary incapacity to work due to illness or injury is suspended economic integration expected to top paragraph 3. The temporary disability allowance provided to such securities It operates throughout the business hours prior to the signing of the agreement, notwithstanding the continuation of the non-accrual of salary deferred to the undertaking to the extent of the reduction provided for in the same time. 5. The signatory to the Company Agreement of solidarity undertook to submit to the offices and the signatory parties a copy of the new service hours performed by the employees concerned and to anticipate any changes. They are allowed in cases of changes everything extraordinary that concern, for example the non-programmable absences of employees or emergency situations related to the protection of ordinary business activities. 6. The current opening hours of the workers involved can be carried out with time reducing both vertical and horizontal, but can not predict the closing of the company for a full day. 7. The Agreement of solidarity can also cover individual departments or sectors and in any case a number of employees not less than three. 8. To access the Agreement of solidarity enterprises need to have benefited, for the same employees, the treatment of temporary lay-off for a two-month period amounted to a minimum of 325 hours in the 6 months prior. 9. And 'prohibited from entering into solidarity agreement for the companies that have been highest penalty for irregularities of employment in the three months preceding the request or in the 5 months prior to the application if the sanction relates to the activities routinely performed by employees involved by the Agreement of solidarity. 10. The Agreement of solidarity, accompanied by the necessary documentation and containing all the required information, must be sent directly to the Commission for the layoff earnings. Of that agreement it must be given to the Office communication. 11. In the event that the Agreement of solidarity does not produce the protective effects of labor relations and safeguarding the desired levels of employment, the provision of social safety nets is determined based on the salaries received by workers previously Agreement Solidarity . 12. Pursuant to Article 3 of Law 18 March 2008 n. 47, if it occurs, for one of the workers involved in the Agreement of solidarity, the need to apply for an ordinary pension, the maximum amount of final salary, referred to in the penultimate paragraph of Article 3a of the law 8 November 2005 n. 157, it means briefed to that received, revalued as required by law, previously Agreement solidarity. 13. And 'condition for the disbursement of the remuneration referred to in Chapter I of Title II
Law n. 73/2010 proof that through the agreement of solidarity are safeguarded employment levels, while respecting the principle of rotation where possible, given the reduction of time covered by the agreement in relation to the previous situation. The Commission for the Lay-off means with its formal documentation necessary provision to the delivery of the related allowance, under penalty of inadmissibility of the application. 14. The Agreement of solidarity, if necessary conditions are met, can be changed or even canceled in accordance with the procedures referred to in this Article. In case of cancellation according to the current can not be obtained unless a new agreement after six months from the date of cancellation. 15. In the presence of additional and significant contraction in economic activity, any reduction in staff can not take place during the implementation of the Agreement of solidarity. If there is a reduction of staff, with the exception of the cases described in paragraph 16, the company may not conclude more solidarity agreements for six months from the date of the agreement for mobility and reduction of staff. 16. Even pending the employer Solidarity Agreement may take the individual dismissal procedure for cause pursuant to Law 23 of 4 May 1977 and envisaged in article 9. 17. In the presence of a temporary increase of 'business activities can be agreed Agreement temporary suspension of solidarity in progress for up to 7 working days each quarter and not less than two working days. 18. For enterprises with number of employees more than 20 or with work done in shifts over 24 hours or over 7 days can be entered into agreement of solidarity, even in derogation from the provisions of the above paragraphs 3, 5 second paragraph and 17, that does not include an integration of the salary lost as long as provision for appeal, for not less than an equivalent number of hours of temporary layoff of Law no Gain. 73/2010 and subsequent amendments and additions. The duration is established by the Agreement. This agreement is subject to authorization of the State Congress. 19. All matters not otherwise specified, the provisions in Title II, Chapter I, of Law no. 73/2010. Art.9 (No longer unfit for the specific task) 1. Article 30 of Law 31 March 2010 n. 73, as amended by Article 19 of the Decree - Law n.156 / 2011, is replaced by the following: "Art.30 No longer unfit for the specific task 1. A worker with an employment relationship of indefinite duration, which for health reasons He was judged by the occupational physician temporarily fit to perform the duties entrusted to him by contract, and this judgment was confirmed dall'UOS Medicine and Hygiene - Prevention Department of the Institute for Social Security, has the right, limited to the above occurred total inability to perceive the Economic Benefits for Temporary Disability in Article 20, first paragraph, letter a) of Law 42 of December 22, 1955, as amended, up to a maximum of 365 days to the extent of 86 % of pay, net of contributions due, and to return to work at the firm. Remain subject to the specific provisions applicable in the field of health and safety in the workplace. 2. The provisions of the preceding paragraph shall also apply to temporary workers for whom it is established that the condition referred to in that paragraph. 3. Throughout the period of unfitness supervening of the preceding paragraphs 1 and 2, the worker can not be fired because of that inability, and the employer is not required to pay the delayed salaries. 4. Through special union agreement may be taken all measures to identify, where possible, a different job function within the company or temporary transfer to another employer who, prior judgment of fitness to the new position, suspend the 'economic Benefits for Temporary Disability. 5. If insufficient as provided in paragraph 4 above, at the end of the period of Economic Benefits for Temporary Disability, if it continues the temporary total unfitness, the worker referred to in paragraph 1 is higher than admitted to the state of as per Mobility paragraph 8, of the one benefiting unemployment allowance provided by current legislation. The employee referred to in paragraph 2 higher, if it continues the temporary total unfitness, is entitled to unemployment benefits provided by law.
6. The employee will be subject to quarterly monitoring by dell'UOS Medicine and Hygiene - Prevention Department to check the continuing state of incapacity. If the outcome of the proceedings of Eligibility Temporary Total turning into judgment Ineligibility Total Permanente, is recognized the indemnity set forth in Special Economic paragraph 9 for the remaining period up to the 365-day competition, where the modification of judgment occurs after 3 months. 7. If it is not confirmed the judgment, on the inappropriateness partial or total, temporary or permanent worker for the specific task, delivered by the company's occupational physician, the UOS Medicine and Hygiene - Prevention Department has modified or revocation of the action itself. 8. The workers for whom it was detected the condition in the preceding paragraph 1 may be released from house health checks on the basis of appropriate certification of the treating physician and behind confirms UOC Medicine Legal, Tax and Health Benefits of the Institute for External Social Security that prevails on the aforementioned certification. 9. And 'established the Special Economic Allowance for Permanent Total unfitness. The worker with an employment relationship of indefinite duration, recognized unfit for the specific task entrusted to him by contract with the judgment of permanent total inability on the part of the occupational physician and the judgment confirmed dell'UOS Medicine and Hygiene - Prevention Department, where it has not been possible to find a different location inside the company, it was admitted to the state of mobility and access to that allowance. The beneficiary is entitled to receive this allowance and safety nets in accordance with the provisions of Law 73/2010 and subsequent amendments and additions. 10. The temporary worker, for which it has been established the condition referred to in paragraph 8, is entitled to unemployment benefits provided by law. 11. During the period between the receipt of the total permanent negative opinion and the effect of the notice of dismissal and, between the receipt of the first judgment of unfitness Total Temporary or Permanent and confirmation of the judgment by dell'UOS Medicine and Hygiene work - Prevention Department has been identified unless a different job function or a different placement at another employer, the worker benefits Economic Allowance for Temporary Disability, as provided by the upper paragraphs 1 and 2. where the judgment is confirmed the employer is not required to pay the delayed salaries. 12. If the first judgment of unfitness Total Permanent Temporary or is not confirmed, dall'UOS Medicine and Hygiene - Prevention Department, the employee is entitled to 100% of the contractual remuneration. The employer is obliged to reimburse the costs related to the period of Economic Benefits for Temporary Disability mentioned in higher paragraph of the Institute Social Security. 13. The rule contained in the last paragraph of paragraph 7 of Article 5 of the Chief Executive Decree 132 of July 26, 2010, as amended by Article 20, paragraph 1 of the Decree - Law 5 October 2011 n. 156, shall not apply if the employment relationship is interrupted within the meaning of the upper paragraph 9. 14. The company involved in the procedures referred to in paragraph 9, the upper is not subject to the requirements of Article 23 of Law No 4 May 1977 . 23, or with the restrictions provided by Law 131 of 29 September 2005 and subsequent amendments. 15. Access to the procedure and the rights referred to in this article must refer to the pathologies identified in Schedule "A" to this law. 16. Although not covered by this article refers to the existing rules. ". Art.10 (Start to work) 1. Article 3 of the Decree - Law no. 156/2011, the following paragraphs are added: "7. A worker who, without good reason, refuses to start work corresponding to his professional level, loses the registration seniority moment of starting the same. 8. On the second refusal, without just cause, the employee will be suspended from the inclusion in the list of starting work for a continuous period of sixty days. 9. Against those measures the employee may appeal within five days, to the Commission for Labour, which is required to rule within thirty days. ". Art. 11 (and Provisional Rules) 1. Companies that have already used the company agreement of solidarity for 12 months as of June 30, 2014, can repeat the agreement for a further twelve months.
2. Companies that have already used the agreement of solidarity in accordance with existing rules and who have not completed the 12-month period provided for therein, they can use the Agreement for solidarity with the conditions laid down by the same regulations, subject to the maximum period of 12 months, of which the upper article 8, paragraph 3. Art. 12 (Repeals) 1. repealed all previous provisions which are inconsistent or incompatible with the provisions of this decree-law and are expressly repealed: - Decree - Law of 23 July 2013 n. 91; - Article 17 of the Decree - Law 5 October 2011 n. 156; - Article 29 of Law 31 March 2010 n.73. Given at Our Residence, this day of 30 June 2014/1713 THE CAPTAINS REGENT Valeria Ciavatta - Luca Beccari THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini