Microsoft Word - DL019-2013.docx REPUBLIC OF SAN MARINO DECREE - LAW 6 March 2013 Ratification 19 of Decree-Law 111 of August 2, 2012 We the Captains Regent of the Most Serene Republic of San Marino The Decree - Law 2 August 2012 n. 111 - "urgent measures for the protection of the workers involved in the procedures for reduction of staff", promulgated: Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law of 15 December 2005 and 183 Article 12 of the Qualified Law 184 of December 15, 2005 and, more specifically, the critical nature of the current economic and labor market, the need to take urgent measures to protect workers involved in mobility procedures and reduction of staff they find themselves without adequate income support instruments; Given the decision of the 78 State Congress adopted in the sitting of 23 July 2012; Given the recurrence of the same decree ordered by Decree Law 138/2012 and the Decree Law no.151 / 2012, respectively, ratified by the Great and General Council with Resolution # 15 of 1 March 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 1 March 2013; Having regard to the Great Council resolution and 19 General of 1 March 2013; Having regard to Articles 8 and 9, paragraph 5, of the Qualified Law n.186 / 2005; We promulgate and publish the definitive text of Decree Law 111 of August 2, 2012 as amended as a result of the amendments approved by the Great and General Council at the time of ratification of the same: URGENT PROVISIONS FOR THE PROTECTION OF WORKERS INVOLVED IN PROCEDURES OF STAFF REDUCTION Art. 1 the first part of Article 20, paragraph 2, of the law 31 March 2010 n. 73, is replaced by the following: "2. For mobile workers who have gained continuous work seniority of at least twelve months at the employer who fired them, at least 216 days of presence actually worked, the Special Economic Allowance is payable as a percentage of net pay effective it would been theirs, even on holidays, for hours not worked, including hours from zero and the contractual working week limit in the last six months of activity preceding the granting of treatment including the compensated periods based on Cash Supplementation Fund, figuratively recalculated to 100%, and net of the contribution paid by the employee, subject to the following percentages: ". Art. 2 Article 21 of Law 31 March 2010 n. 73 are added the following paragraphs: "2. Workers, both employed in temporary and permanent, framed in the directives categories of collective agreements and the Law 17 February 1961 7 and subsequent amendments and additions, the unemployment allowance is recognized if involved in a personnel reduction procedures under Chapter III of the Law 23 of May 4, 1977 with the exception of employees that are shareholders in any form and / or directors of companies whose operating license has been revoked by the State Congress or the persons responsible for monitoring the activities economic. 3. Workers hired on permanent contracts involved in staff reduction procedures under Chapter III of the Law of May 4, 1977 # 23, not eligible under the previous Article 20 for receiving Special Economic Allowance, are entitled the provision of unemployment benefit in accordance with the provisions in article 23, with the exception of employees that are shareholders in any form and / or directors of companies whose operating license was revoked by the Congress of State or the persons in charge of control over economic activity. ". Art. 3 Article 20 of Law 31 March 2010 n. 73 is added the following paragraph: "8. In the event that a worker, on the move or unemployment, has been hired for an indefinite period and is subsequently involved in personnel reduction procedures under Chapter III of the Law 23 of May 4, 1977, after the termination of the employment relationship as well as specified in the agreement resulting from the above procedure has not completed the minimum requirements for receiving Special Allowance Economic envisaged in the preceding paragraphs, for which we also consider the possible period of training and education of Article 20 of the Decree law n.156 / 2011, will be re-admitted to the continuation of the social shock enjoyment which he was receiving at the time of appointment in question. ". Given at Our Residence, this day of March 6 2013/1712 THE CAPTAINS REGENT
Teodoro Lonfernini - Denise Bronzetti THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini