DL091-2013 REPUBLIC OF SAN MARINO DECREE - LAW July 23, 2013 n.91 (Ratification Decree-Law 53 of May 13, 2013) We the Captains Regent of the Most Serene Republic of San Marino The Decree - Law 53 of May 13, 2013 - " urgent measures in relation to social benefits and temporary retirement benefits ", promulgated: Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law 183 of 15 December 2005 and Article 12 of Qualified Law 184 of 15 December 2005, namely: - the need to deal adequately with the difficult economic times, the criticality of the labor market, the employment situation of grave crisis and the consequent increase in the use of CIG and the number requests for collective redundancies and to the state of mobility admissions; - The urgent need to ensure and consolidate immediately suitable social protection measures for those who do not have other forms of income support, with particular attention to the most vulnerable; what up to the review of the system of social safety nets and a more comprehensive reform of the labor market that will guarantee employment measures, in order to positively contribute to the relaunch of production in the country, also in view of the results that will arise from development board for in Article 43 of Law 150 of 21 December 2012; Given the decision of the Congress of State no. 40 adopted at its meeting of 6 May 2013; Given the amendments to the above Decree in connection with ratification of the same by the Great and General Council at its meeting on 18 July 2013; The resolution of the Great and General Council # 6 of 18 July 2013; Having regard to Articles 8 and 9, paragraph 5, of the Qualified Law n.186 / 2005; We promulgate and publish the final text of the Decree - Law 53 of May 13, 2013 as amended as a result of the amendments approved by the Great and General Council at the time of ratification: 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 above 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 prior to the dismissal, over 12 months to 24 months at least 243 days of valid contribution to 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. Persons referred to in paragraph 1 exceeding that from 1 January 2013 the entry into force of this Decree-Law have ended the use to the benefit of the unemployment and they are involuntarily unemployed, the Institute will have to submit the application for Social Security, within forty-five working days after the entry into force of this decree, 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. For these persons, the provision of unemployment benefit starts from the day the application is submitted.
7. To access the benefit referred to in this Article, the persons referred to above in paragraphs 1 and 6 should not holders of other income, net of deductions under current legislation, of any kind or origin amount equal to or greater than € 11,000.00 (eleven 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 Euro 8.500,00 (eight thousand five hundred / 00) net of killing and liabilities derived analytically as provided by current legislation. 8. 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. 9. 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 158 of October 5, 2011, as amended, is increased by the difference between the declared income and the minimum expected for the reference year. 10. Excluded from the benefits of the provisions of this Article the subjects to which has been permanently revoked the right to social security benefits in accordance with the norms. 11. The deadline for submission of the request for access to the allowance referred to in this Article shall be 30 June 2014. 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, 2014. 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 and Article 51 of Law 158 of 21 December 2012 n.150. 2. To access the provision of early retirement benefits must meet the following requirements: a) be at least 57 years of age and at least 40 or at least 35 years of contribution; in the latter case it is 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 2009; d) have made use of all the social security benefits provided by current legislation and have maintained the status of being unemployed; e) not having rejected any proposal for re-employment which have caused 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 Board early retirement if you have the following additional requirements: a) 60 years of age; 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. 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 Labour ; this implies the renunciation of
ability to be restarted to work. The will expressed as above obliges the worker to submit the application for retirement to the competent office no later than the period provided for under paragraph 4 or otherwise prior to the vesting 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 2014. 5. An employee who intends, at the end or during the enjoyment of social safety nets, to express the will to access the ordinary retirement pension or ordinary retirement in accordance with current rules and expressing this desire at the time of the agreement for mobility, gives up the opportunity to be restarted to work. If the mobility agreement is before the entry into force of this Decree-Law may do so after notifying the Secretariat of State for Labour. 5a. 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 after reaching retirement age retirement, if more favorable, will be paid to the extent determined by the calculation made on the basis of paragraph 3 of Article 3 of Law 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 they reach the age expected for the age pension. From the first day of the month after reaching retirement age retirement, if more favorable, will be paid to the extent determined by the calculation made on the basis of paragraph 3 of Article 3 of Law 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 will be more applied subject to the application of the provisions of Article 8 of Law no. 157/2005 and subsequent amendments and additions. Article 7 (Edit wage treatment for employment under 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 workers employed 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 salary whose ceiling will be equal to the amount planned for the supplement pension treatment referred to in Article 8 of Law no. 157/2005 and subsequent amendments and additions. Art.8
(Company of solidarity agreements) 1. At the end of Article 29 of Law 73/2010, as amended by Article 17 of Law 156/2011, the following paragraph 7: "7 is added. The company Solidarity Agreement may be repeated for the same employees, for up to a further six months. ". Article 8 bis 1. The parties who carry out job training, under Article 14 of Law 131 of 29 September 2005 and Article 12 of Decree - Law 156 of October 5, 2011, for the duration of the same, not it is applied to the suspension of family allowances. 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 Law Decree 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 is 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 unfitness total, 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 remuneration, 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. 7. 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. 8. E '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. 9. The temporary workers, for whom it is established that the condition referred to in paragraph 8, is entitled to unemployment benefits provided by law. 10. During the period between the receipt of the judgment of total permanent unfitness and the effective date of the notice of dismissal, the worker benefits Economic Allowance for Temporary Disability, as provided by the upper paragraphs 1 and 2. 11. The rule contained in the last paragraph of paragraph 7 of Article 5 of the Delegate Decree 26
July 2010 n.132, as amended by Article 20, paragraph 1 of the Decree Law 156 of October 5, 2011, is not applicable if the employment relationship is interrupted within the meaning of the upper paragraph 8. 12. The company involved in the procedures referred to in paragraph 8 top it is not subject to the requirements of Article 23 of the Law of 4 May 1977 n. 23, or with the restrictions provided by Law 131 of 29 September 2005 and subsequent amendments. 13. Access to the procedure and the rights referred to in this article must refer to the pathologies identified in Schedule "A" to this law. 14. Although not covered by this article refers to the existing rules. ". Art.10 (Transitional Rule - No longer unfit for the specific task) 1. On a transitional basis and in order to ensure the appropriateness and consistency of the protection of workers who for reasons of health was judged by the occupational physician no longer fit to perform the duties entrusted to him by contract, the worker, the date of entry into force of this decree-law, falls within the scope of Article 30 of law 73/2010, as amended by Article 19 decree law n.156 / 2011 and replaced by Article 9 of this decree law, if it is confirmed the condition of unfitness to the total specific job permanent or temporary total, it was admitted to the state of mobility and benefit Allowance for Special Economic Total permanent unfitness for in Article 30 of law 73/2010, as amended by Article 19 of law decree n.156 / 2011 and replaced by Article 9 of this decree. 2. verified that, at the end of the period of Economic Benefits for Temporary Disability referred to in paragraph 1 of Article 30 of Law no. 73/2010, as amended, had not been found a different job function or a different placement at another employer, the worker is admitted to the state of the preceding paragraph 1. Art.11 (Start to labor mobility) 1 . At the end of Article 3 of 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. ". Given at Our Residence, this day of July 23, 2013/1712 THE CAPTAINS REGENT Antonella Mularoni - Denis Friends THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini