Decree Law 156 October 5, 2011 - Ratification Decree Law 9 August 2011 Ranked # 130 - Urgent Interventions For The Simplification And Efficiency Of Work Market

Original Language Title: Decreto Legge 5 Ottobre 2011 N.156 - Ratifica Decreto Legge 9 Agosto 2011 N.130 - Interventi Urgenti Per La Semplificazione E L'efficienza Del Mercato Del Lavoro

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urgent measures REPUBLIC OF SAN MARINO LAW DECREE 156 of October 5, 2011 (Ratification Law Decree 130 of August 9, 2011) We the Captains Regent of the Most Serene Republic of San Marino Since the Decree Law 130 of August 9, 2011 - "Urgent measures for the simplification and labor market efficiency ", 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 the Qualified Law December 15, 2005 # 184; Withholding the extraordinary need and urgency, determined by rising unemployment and the rising number of mobility requirements and lay-off last quarter, the critical nature of the current economic and labor market; need and urgency to enact provisions for simplifying the labor market and stimulus measures that favor a whole relaunch the competitiveness of enterprises, the consolidation of existing enterprises and the establishment of new economic activities and at the same time encouraging the employment or the reintegration of workers with particular reference to young people and other vulnerable groups, in order to contribute positively to a relaunch of production and employment in the country already next autumn with the reopening of the companies after the summer break; provisions as a whole can not wait the time required of the ordinary legislative procedure; Given the decision of the 54 State Congress adopted in the sitting of 2 August 2011; Given the amendments to the above Decree in connection with ratification of the same by the Great and General Council at its meeting on 30 September 2011; 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 130 of August 9, 2011 as amended as a result of the amendments approved by the Great and General Council at the time of ratification: URGENT SIMPLIFICATION AND EFFICIENCY OF THE LABOUR MARKET Art. 1 (purpose) 1. in order to simplify and make more efficient the labor market, facilitate the matching of supply and demand, facilitate the employment of unoccupied, increase levels of 1 2 youth and female employment, help to increase the technical and professional skills of workers, supporting the competitiveness of enterprises and tackle undeclared work, this decree law states, in line with what is indicated in article 80 of law 22 December 2010 n. 194, urgent measures, in particular to: - simplify the procedures for starting work; - Identify certain and transparent criteria of assessment of the status of non-employment; - To update the regulation of flexible contracts and relationships to educational purposes, also in order to favor its stabilization; - Provide new ways for the employment for purposes of retraining; - Dictate corrective and supplementary provisions on social safety nets; - Combating illegal employment, strengthening the system of supervision and sanction instruments. TITLE I MEASURES FOR THE EFFICIENCY OF THE LABOUR MARKET Art. 2 (unoccupied Status) 1. Without prejudice to the provisions concerning the registration lists at Work Goodwill, have the status of non-employment anyone, not resulting occupied either as employees or as self-employed workers: - are enrolled in the Employment Lists Goodwill; - They are immediately available to offer their services as an employee. 2. The Commission shall decide for Labour, as part of the types of residence permits, the categories that will entitle their holders to subscribe to the lists to the Labour Start. Art. 3 (Start to work) 1. Goodwill at work, whether for a fixed or indefinite period, of those who have the status of non-employment, is through the registered communication or as a result of generic request sent by the employer Labour Office in the manner and form provided for by current regulations and by the articles of this decree-law. 2. The names of the communication workers registered in the Lists of Labour Goodwill is always permitted. 3. The registered communication, duly signed by the employer and the employee, and accompanied by the necessary documentation to attest to the existence of all the requirements set by the Ordinamento is suitable title to the establishment of the employment relationship from the moment in which it was received by the Office of Labor. It remains subject to subsequent verification of all
requirements and conditions laid down by law for the proper constitution of the report, carried out by the Labor Office within two days of receipt of the notice. The Labour Office shall communicate to the employer taking cognizance dell'avvenuta proper constitution of the relationship. 4. Having determined that the non-compliance of recruitment communication, the Office of Labour assigns to the employer the 3-day deadline for regularization of communication. In the case where the adjustment is not possible for irreconcilable conflict with existing legislation, the Labour Office shall immediately inform both the employer and the worker, also using information technology, the immediate termination of the relationship. 5. Should the lack of requirements Ordinamento both the absolute evidence, and therefore they inferred willingness to use workers for whom there will still be possible to the 3 establishment of a legitimate employment relationship, the employer will be applied sanctions provided for by the provisions of Title IV of this decree law on illegal labor. 6. Faced with a generic request for starting work, the Office of Labor, in compliance with the job placement lists, send the personnel to be hired as soon as possible, but no later than 2 working days of its receipt. The act of acceptance of the worker by the employer is entitled to the appropriate establishment of the employment relationship. Art. 4 (Start of non-registered workers to Lists) 1. A partial amendment of the method of recruitment laid down by decree 23 November 2005 n. 169, subject to the limits to the use of cross-border workers provided for in Article 8 of that decree, the recruitment of non-registered workers in the Lists of Jobs to start, is always permitted in the manner and percentages approved by the Congress of State with special regulations ; the percentages are calculated with regard to workers hired indefinitely by the same lists. The Labour Office shall issue the special permit to work on individual request of the employer, in full respect of the provisions of the Decree of 23 November 2005 n. 169 aforementioned. 2. Above the percentage referred to in the previous paragraph, and up to maximum of 50%, the work permit will be issued only in the event that workers with professional skills, qualifications and the job request are not available from the Lists goodwill at Work, also verified the presence of professionalism required between places workers in wage supplementation for mobility, mobility and unemployed enrolled in the special list referred to in Article 7 of Decree of 23 November 2005 n. 169. 3. Exceptions to the percentage limit indicated above, for reasons duly substantiated by the employers concerned, may be authorized by resolution of the Commission for Labour. 4. The Congress of State shall take the decisions referred to in paragraph 1 of the upper proposal from the Labour Commission, taking into account the presence of workers enrolled in the lists at the start or permanent Jobs said sums being insufficient thereof. Art. 5 (coordinated and continuous collaboration in project reports) 1. Paragraph 1 of Article 18 of the Law of 29 September 2005 n. 131 is replaced by the following: "1. The relations of collaboration coordinated and continuous project are personal in nature and without subordination, imply to have special skills to justify the conclusion of that contract, consist of a intellectual work contracts but not of kind solely or merely executive and be relevant to the realization of a specific project or a work program established and coordinated by the developer and managed independently by the employee depending on the result, regardless of the time taken to perform the task work and no time constraint work. The employer may not use staff for a number greater than 20% of employees with employment relationship for an indefinite period until the 40 units and 10% over the 40 units, except for the possibility for the Commission to approve the Work higher or lower percentages relate to specific skills. The judgment of compliance of the project or the work program defined in the contract, the Labour Office's field, will have to turn solely on the existence of the elements referred to in this paragraph. ". 2. They are subject to the resolutions of the Commission for Labor already taken upon the entry into force of this Decree-Law, which establish higher rates of use of reports
coordinated and continuous collaboration in the project. 4 Art. 6 (small accessories Reports domestic help) 1. Unemployed, unemployed, part-time or casual workers, students and housewives, can play at the customer's home small domestic help activities up to a maximum of a total of 18 hours per week and for no more than three principals. 2. The buyer must inform the Office of Labour, also electronically, the establishment of the relationship with the employee, its likely duration, articulation time, the domicile at which the activity is carried out and of their fees, pouring Labour Office, by way of the relationship registration fee, an amount equal to EUR 50. the same notice must be given for the modification or termination of the relationship. The client must take out a special insurance policy to cover the accident risks related to the activity of small domestic help. 3. The Office of Labour, verified to satisfy the requirements mentioned in the first paragraph, it shall ensure that the employee on a list and to give formal notice to the ISS and the Command of the Gendarmerie. 4. Ancillary reports of small household collaboration does not constitute employment. 5. They can access the reports referred to in this article also the workers of paragraph 1 shall not enrolled in the lists at the Goodwill Work and workers holding a residence permit being planned validity in Article 7 of Decree of 23 November 2005 n. 169. Art. 7 (Quantitative limits to the use of posted workers) 1. The use of posted workers by forensic firms, notwithstanding paragraph 6 of Article 19 of the Law of 29 September 2005 n. 131, is allowed provided that the number of them turn out to be less than 15% of workers with an employment relationship of indefinite duration of the company at which they should operate. Beyond this percentage limit, the gaps will be over only if the Employment Office certifying that there are no workers available in the above Lists same level of qualification and job. 2. If the secondment of staff is between companies belonging to the same group of companies and involves top management or other employees with management duties, it is authorized by the Office of Labour, with the technical support of the Center for Vocational Training provided the 'San Marino company insert, in the form and manner provided for by law, young graduates or graduates aged between 18 and 32 years, enrolled in the Lists of Labour Goodwill, which to acquire the professional skills needed by the company. 3. The provisions of this Article shall not apply to stable corporate organizations referred to in Chapter III of Decree Law 172 of 26 October 2010. Art. 8 (pre-hire medical visits) 1. In implementing Article 17 of Law 18 February 1998 n. 31, in partial modification of Article 3, paragraph 2 of the Decree of 19 May 1998 n. 68, a medical pre-hire can also be legitimately carried out by occupational physicians of the company that are entered on the list of qualified doctors in the Department Prevention ISS Art. 8 / a (In my work for the shareholder) 1 . All members who own shares to an extent of not less than 10% of the share capital, which play in favor of employment not having the nature of work 5 subordinate, must give prior notice to the Office of labor and between them and the company of which they are co-owners was formed a special working relationship. 2. E 'condition of admissibility of the communication, presentation attached copy of the formally registered contract, concluded between the shareholder and the company, which will have to be indicated, under penalty of nullity, the consideration paid for the work done. Without such prior notice, the employment relationship between the member and his company considering irregularly formed, triggering the application of the sanctions provided for in Article 21 of this Decree Law. 3. Where the relationships referred to in this article are assogettati to contributory and insurance charges provided for by the regulations. TITLE II NEW TOOLS FOR INCLUSION WORKING AND RAISING EMPLOYMENT LEVELS Art. 9 (individual plan of work and training placement) 1. In order to ensure the integration or reintegration to work of those who is regularly enrolled to the Lists goodwill at Work and has asked the Office of signing the Pact Work
service under Article 3 of Law 31 March 2010 n. 73, the directors of the Office of Labor and Vocational Training Centre will have to define, where the right circumstances, an individual plan of employment, training or retraining. 2. The Individual Plan must include the type of activity, employment or training, which will be undertaken by the worker unoccupied, given the occupational skills. 3. In preparing the Individual Plan, the above directors will be expected to consider, among legal instruments and incentives for contribution and / or economic nature that the discipline and regulations in favor of employers and workers, the ones that could be more effectively used to support the training, retraining, employability and employment of the worker, with particular attention to the provisions of articles 25, 26 and 27 of Law 31 March 2010 n. 73. 4. To ensure compliance with the times and methods of carrying out the work and training activities defined in the Individual Plan, the Director of the Vocational Training Centre is obliged to organize appropriate tutoring services and regular business checks. At the conclusion of the activities included in the Individual Plan, the Director of the Vocational Training Centre shall inform the Office of Labor skills that may be collected by the worker. 5. The Office of Labour has to deal with the trade associations and individual employers to promote through legal instruments and selected and economic incentives stipulated in their individual plans, effective integration of workers and report regularly to Committee on Employment outcomes of the activity. Art. 10 (Conventions aimed at providing employment) 1. Agreements to encourage the inclusion in the company of unemployed workers or unemployed persons referred to in Articles 25 (unemployed workers looking for their first job with recognition for their start lists for more than 12 months ), 26 (over fifty workers with special needs retraining, long-term unemployed, women absent from work for more than 18 months for maternity and family care needs with recognition for their start lists to work for more than six months) and 27 (workers registered in the lists for more than 12 months who have completed all 6 ordinary instruments of income support) governed by Law 31 March 2010 n. 73, shall be concluded between the employers concerned and the Labour Office Directors and the Vocational Training Centre that shall oversee the implementation. 2. The Conventions referred to in this Article shall be transmitted to the Secretariat of State for Labour, the Office Contributions to the ISS as well as labor unions and trade associations. 3. The directors of the Office of Labor and Vocational Training Centre will report to the Secretary of State for Work companies wishing to make use of the option referred to in paragraph 1. 4. Following the conclusion of the Agreements referred to in this Article, the employer, ISS will send monthly count related social security contributions required by attaching the appropriate docket pays the worker subject to the Convention, in which describes the actual days of work performed and the amount your money; allowances resulting from the application of Articles 25, 26 and 27 of Law 31 March 2010 n. 73, advanced by the employer, and tax relief related are paid from the state budget by allocation on Chapter 2-8-7460 Labour Office. Art. 11 (Employment contract in practiced in training content) 1. The employment contract in practiced in training content, referred to in Article 10 of the Law of 29 September 2005 n. 131, it is temporary and has a maximum duration of 14 months. The overcoming of the third month of taking does not change the legal nature of the contractual relationship. 2. If at the end of the employment contract in practiced in training content, the employer makes it perfectly, keeping the professional level acquired in relation indefinitely, has the right to preserve, in the rate of 50%, the tax relief for more 12 months. In the event that the relationship is extinguished during the period covered by the relief due to not attributable to the employee, the employer will be liable to the full refund of the amount obtained under this heading after the transformation. If, however, at the end of the employment contract in practiced in training content does not happen the transformation indefinitely, the employer is
must repay the tax relief to the extent of 75% from the fourth month after the establishment of the relationship. 3. During the term of the contract of employment practiced in training content, companies will have to pay, taking account of the provisions of collective bargaining, monthly wages equal: - for the 1st quarter, 55%; - For the 2nd quarter, 60%; - For the 3rd quarter, to 70%; - For the 4th quarter, to 75%; - For the 5th quarter and until the end of a fixed-term relationship, 80%. Art. 12 (Stages business) 1. In partial exception to the provisions of Article 14 of the Law of 29 September 2005 n. 131 internships for graduates and undergraduates may last no more than nine months in total in the same company and only in activities related to the course of study. This experience can be repeated at most at three companies. 7 2. They can make business internships also recent graduates and school leavers and young people who have obtained the certificate of professional qualification required by the laws in force in the field of vocational training, within twelve months after graduation and for a maximum of six months. 3. For business workshops that transform the employment relationship, employers are entitled to a contribution relief of 50% for a maximum period of six months if the taking is for a fixed term and for a maximum period of 24 months if the assumption is indefinite. 4. The employer will be liable to the full repayment of the relief obtained in the case where the relationship is extinguished during the period in question for reasons not attributable to the worker. 5. The young students of the Vocational Training Center that have achieved the qualification certificate according to the old two-year teaching order of the Basic Vocational Training, can be sent to the stages referred to in paragraph 1. Art. 13 (fixed-term employment contract determined) 1. the maximum total duration of fixed-term employment contract referred to in Article 16, paragraph 5, of the Law 29 September 2005 n. 131, is of eighteen months at the same firm, without prejudice to more temporal limitations as are determined in collective bargaining. 2. The fixed-term employment contract may be renewed for no more than four times, even for periods of varying length, but within the maximum period referred to in the first paragraph, in the space of twenty-four months. 3. Although not provided for, shall be subject to Law 29 September 2005 n. 131. Art. 14 (temporary of employment in part-time transformation for reasons of personal and family care) 1. In response to the needs of personal and / or family care, the employer that welcomes the request made by its employees taken indefinitely for the temporary transformation of full-time employment to part-time, for a period, even divided, however, not exceeding 18 months in any three-year period, are recognized: - the right to hire a new worker with part-time fixed-term contract, for the integration of the overall reduction in the organization of work determined by the transformation of the relationship; - A remission of 50% of contributions due for the hiring of new part-time worker. 2. Where the ratio of both advanced processing required by a worker or worker at the head of single-parent families with dependent children, contribution relief for the recruitment of new part-time workers is 75%. TITLE III REMEDIAL AND SUPPLEMENTARY LAW 31 March 2010, n. 73 OF THE DECREE AND EXECUTIVE OFFICER July 26, 2010 132 Art. 15 (supplementary pay indemnities) 1. Entitlement to unemployment compensation under Article 14, paragraph 1, of the Law 31 March 2010 n. 73, must contain, in addition to the estimated duration of the treatment, also 8 an indication of the day and its time slot, including the one where the work is performed. Art. 16 (Mobility and staff reductions Agreement) 1. Without losing the right of workers to income support benefits under current rules, the verbal Agreement for admission to the mobility state should give an indication of the summary report the legal representative of the enterprise, attached to the staff reduction request containing: the actual contraction of economic and productive activity suffered; the reasons that led to the situation of excess; technical reasons, organizational or production, for which you were not able to take appropriate measures to remedy the aforementioned situation; the impossibility of
carry out a reorganization of tasks and / or working hours, as well as the inability to reach the conclusion of business agreements of solidarity, in accordance with and for the purposes of Article 29 of Law 31 March 2010 n. 73, as amended by article 17 of this Decree - Law. 2. Article 22 of the Law of 4 May 1977 n. 23 is amended as follows: "In case of downsizing, we proceed primarily with the workers who were not hired by the Lists to Work Goodwill, although stabilized, maintaining order, consistent with the company's technical requirements, seniority service, the tasks performed and the professional, the family burden. ". Art. 17 (corporate solidarity agreements) 1. Paragraphs 2 and 3 of Article 29 of Law 31 March 2010 n. 73 are replaced by: "2. The business agreement of solidarity formally signed by the employer, the trade union organizations of workers and employers involved, as well as by the State Secretariat for Labour and the Secretariat of State for Industry, Crafts and Commerce, title is suitable for the delivery 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 six months, may allow , notwithstanding any specific regulated procedures and requirements established by law, the provision of treatment Case Integration and earnings in an amount not exceeding 50% of the lost salary. The Agreement of solidarity can also cover individual departments or sectors. The Agreement of solidarity, accompanied by the necessary documentation, and containing all the necessary information, will be directly sent to the Commission for the layoff earnings. Of that agreement will have to be given information to the Office of Labor. 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 will be determined based on the salaries received by workers previously Agreement of solidarity. " . Art. 18 (Temporary disability income support during periods) 1. A partial amendment of Article 6, paragraph 4, of Law 31 March 2010, n. 73, the period of temporary incapacity to work no more than 21 continuous days that might occur during the provision of mobility and Unemployment benefits do not involve the suspension, without prejudice to the temporary economic Allowance payment proportionate to the amount of ' unemployment benefits or daily mobility that the worker would have received less subsidies payable by the employee. 9 Art. 19 (No longer unfit for the specific task) 1. In Article 30 paragraph 1 of Law 31 March 2010 n. 73, the words "up to a maximum of an additional 365 days" is replaced by "up to a maximum of 365 days." Art. 20 (Provisions incentive the hiring of Special Economic Allowance and Allowance recipients of unemployment and new rules to protect workers) 1. Article 5 of the Chief Executive Decree 132 of July 26, 2010, is replaced by: "Art. 5 redevelopment activities and recruitment incentives for Special Economic Allowance recipients and 'unemployment allowance (Law no. 73/2010, Art. 20, paragraph 7, and 23, paragraph 3) 1. In accordance with the purposes of the Law March 31, 2010 n. 73, the individual plans of work and training placement that concern the beneficiaries of the Special Economic Allowance Allowance or unemployment who have subscribed for the service Covenant, may provide for a period of training or education to be performed at a private employer or at the Vocational Training Centre, lasting no more than two calendar months. 2. The training activities or training referred to in the preceding paragraph may be activated in response to requests directly advanced to the Office of Labor by employers concerned. It may not involve a time commitment than as determined under the provisions of Article 4, paragraph 3, of the law 31 March 2010 n. 73. 3. During the activity referred to above no longer to protect workers, subject to the submission requirements to the Office of Employment provided for in Article 4, paragraph 1, of the Chief Executive Decree 132 of July 26, 2010, will be prepared specific control actions and tutoring by the
Vocational Training Centre, aimed to assess its financial viability and appropriate to identify, at the end of the period, the skills that may be collected, to be communicated promptly to the Office of Labor for all matters referred to in Article 6, paragraph 4, of the Law on September 29 2005, n. 131. Participation in training activities or training at the Vocational Training Centre does not affect the job placement. 4. During the course of training or education, at the latest at the end of the same, using a special communication Labour Office registered, employers can hire the workers involved, with no trial period, taking advantage of the tax relief to the extent of 50% for up to six months if the contract is for a fixed term, and 50% for the first six months, and 75% for the next 12 months, for a maximum period of 18 months, if the contract is indefinitely. If the intake facilitated involves a change of job, it remains valid documents already on record of the Office of Labour, but workers must still be reviewed by a physician preassuntiva which may also be performed at a private doctor working in the mind of previous article 8. 5. the employer can take on under this article, the special economic beneficiaries workers Allowance and Allowance unemployment even apart from the activity of training or training referred to in paragraph 1, without prejudice to the trial period, benefiting from the same tax relief provided for in this Article. The assumptions in the preceding paragraph are not possible if they are required by the employer or by the same group that owns the company that had ordered the dismissal, as well as companies that pursue purposes, however elusive the obligations imposed by current regulations. 10 6. To all those who, under the fourth paragraph, will be hired on a temporary, special economic allowances and unemployment benefits are suspended for the duration of the contract and the employee is entitled to 100% of contractual remuneration. 7. The workers hired for an indefinite time are entitled to receive 100% of the contractual remuneration, broken down as follows: - for the first six months, 20% paid by the company and 80% by the Social Fund for shock absorbers; - From the 7th month to the 12th month, 50% paid by the company, 50% by the Social Fund for shock absorbers; - From the 13th month to the 18th month, 75% paid by the company, 25% by the Fund for Social Shock. If the employment relationship were to cease, for reasons not attributable to the worker, before the expiration of 24 months from the assumption, the employer will be required to return to the ISS the sum corresponding to fines and the tax relief of which was financed. The company is obliged to pay the worker the salary in full, with compensation on a monthly basis due contributions to the ISS. ". 2. The working relationships that are established in accordance with Article 5 of the Chief of repealed Decree 26 July 2010 n. 132 still pending at the date of entry into force of this Decree-Law shall remain subject to the provisions in force at the time of their constitution. E ', however, acknowledged the workers the right to a period of special economic allowance or lasting unemployment benefits equal to that used after the entry into force of this Decree-Law. 3. All workers still employed for a fixed term after the entry into force of this Decree-Law the special economic benefit is suspended, and unemployment benefits for the duration of the contract, with the right to receive 100% of salary their contractually due. 4. Non-payment of wages payable to all workers for at least three consecutive monthly constitutes grounds for resignation right. The resolution of the Management of the Office of Labour, issued in the conciliation in accordance with Articles 9 and following of the Law 4 May 1977 n. 23 at the request of the workers, with the convening of the Administrator and communication to all members, certifying the non-settlement of the dispute, is a valid document to obtain registration of workers who resigned to special lists of mobility or unemployment and the 'admission to the enjoyment of the support allowance which they are entitled in accordance with the provisions of law 31 March 2010 n. 73. TITLE IV NEW RULES ON THE CONTRAST IN UNDECLARED AND ILLEGAL Art. 21 (Irregularities of employment and related administrative penalties)
1. 'irregular employment relationship that is established or operates outside of the types, methods, terms and requirements provided for in this Decree-Law and by current legislation. 2. The irregular employment is punished with a financial penalty in the fixed amount of EUR 2000, and proportional EUR 200 for each worker and for each performance day or part of a day. The lender irregular work is punished with an administrative fine to the extent of EUR 150. If fixed undeclared work competes with the illegal presence of the worker in the territory of the Republic, are subject to the provisions of Law 28 June 2010 n. 118. 11 3. To ensure more effective law enforcement efforts against irregular establishment of an employment relationship, if, as part of the supervisory activities carried out within the workplace are identified people for whom it is not possible to establish for sure if their presence is legitimate, such persons are regarded as being employed by those who have the final responsibility of the inspected workplaces. 4. Where the law allows this in the order with which an order directing the payment of administrative fines ritually disputed, the Office of Labour Department provides to distrust the employer to regularize sanctioned breaches. 5. The dismissal of regularized worker within the meaning of the preceding paragraph, it was ordered within three months of regularization because of not attributable to him, it is assumed the case circumvention of the law. Avoidance leads to the nullity of the dismissal and the application of sanctions for conduct relapsing provided by Law 21 December 1989 n. 128. 6. If in the course of judicial proceedings concerning the application of the sanctions referred to in this article controverta on the exact classification of the employment relationship, or on the legal status of workers, the administrative judge, at the specific exception couched ' Labour office, you must immediately stop the hearing and to be given the documents to the Commissioner of Law competent for labor disputes, which shall summon the parties and decide on the dispute in the Labour office is required part. In the same judgment with which to settle the dispute also establishes the terms, the amount and terms of payment of sums due by offenders as an administrative fine. Art. 22 (Malicious conduct recurrent) 1. In the case of recurrent misconduct of the employer that occurs when the following five years from the established fact and sanctioned it incurs again in an infringement of the same nature as that already committed, as a precautionary measure and special additional sanction, the Ordinance with which an order directing the payment of administrative fines provided for by the Ordinamento, the Management of the Office of Labour, evaluated the gravity of the violations also because of the number of workers involved in relation to ' organic business, orders the suspension of the business or profession, for a period not less than 7 and not more than 30 working days. 2. The measure may be revoked by the Management of the Office of Labour upon request of the employer who proves that he paid a sum by way of additional sanction, to the extent of € 5000 and fixed proportion of euro 500 for each worker and for each imposed suspension day. 3. In the event of subsequent relapse, which occurred over the following five years from the established fact and sanctioned in accordance with paragraph 1 above, will be willing to close the activity and the application, payable by the employer, the daily fine prescribed by the applicable Article 85 of the Criminal Code or the arrest referred to in the current article. 83 of the Criminal Code. In particularly serious cases, the court may add to that the daily fine, or arrest, the penalty of disqualification from the exercise of a profession, art, industry, trade or profession in Article 82 of the Criminal Code , in the first or in the second degree. In the use of discretion in the application of concrete punishment, account must be taken of the seriousness of the offense derived from the number of workers to which the offense relates in any way. The judge is empowered to order the publication of the sentencing provisions in accordance with article 141 of the Criminal Code. 4. Management of the Office of Employment transmits the notices of assessment related to violations
referred to in the preceding paragraphs to the Law Commissioner for the adoption of measures within its competence. 12 Art. 23 (Building contractors and owners of benefits paid by the State) 1. Undertakings of public contracts holders and those receiving benefits or loans provided by the State, such as the use of any kind of irregular employment relationships pursuant to the provisions of this Title and the legislation in force, in case of a first offense may be deprived of these contracts and the benefits of a special resolution of the Commission for Labour, after consultation with the contracting entity, if it is determined the severity of the violations, also due the number of workers involved in corporate headcount ratio. 2. In the event of conduct recurrent decay from public contracts and the benefits referred to in the first paragraph is automatically imposed in the Ordinance of the injunction issued by the Management of the Office of Labour, and the company will no longer be allowed to race of public procurement for the next five years. 3. The measure of administrative pecuniary sanctions laid down in Articles 21 and 22, when applied against companies referred to in paragraph 1 shall be doubled. 4. The contracting entities or offices operating in the benefits, facilities or funding referred to above are required to give formal notice to the Office of the Directorate of Labour to the extent applicable. 5. In the event that an order for the forfeiture of public procurement contracts, the contractor is obliged to carry out the delivery of the service or supply on the same terms contained in the lapsed contract until completion of the new tender and in any case for no longer than 3 months. Art. 24 (Emergence of extraordinary irregular labor relations) 1. In extraordinary and exceptional, within 60 days after the entry into force of this decree-law, is allowed the regularization of labor relations still in place at June 30, 2011, in compliance with applicable laws and the provisions of this decree - law. 2. The employer or contractor must submit to the Office of Labour, within the deadline specified in the first paragraph of the request for extraordinary regularization of labor relations, by filling in every section of the form provided by the Office of work, which will declare under his own civil and criminal liability that the employment relationship applied for regularization arose dated earlier than 1 July 2011. 3. when satisfied that the requirements and conditions necessary for the proper constitution of the employment provided for in this decree-law and the current legislation, the Labour Office shall immediately inform the employer the applicant, inviting him to be paid within the next 10 days running, in the manner prescribed for the payment of financial penalties , a sum of EUR 500 for each of the employment relationships to be regularized. To all legal purposes, including on the contributions it should, regardless of the actual date on which will regularize the employment relationship starts officially with effect from 1 July 2011, without any relevance of any previous periods of employment in that date and with no penalty for late payment of contributions. 4. The extraordinary regularization of labor relations that concern not enrolled workers to the Lists of Labour Start has the value of "First work permit" issued in accordance with and for the purposes of Article 2, paragraph 2 of the Decree November 23, 2005 n. 169, as an exception to the percentage limits provided for in the same. The work permit, regardless of the actual date on which occurs the regularization, to be considered formally approved on July 1, 2011 and granted for the period indicated in the request for regularization, however, not exceeding six months. The renewal of the work permit will not be granted if the Commission 13 Labour resolves a significant presence in the Lists of Goodwill at Work of the same professionalism regularized, for the reasons set out in paragraph 3 of Article 4. 5. The extraordinary regularization of relations irregular work is not relevant to the recurrence. 6. The regularization referred to in this Article shall not apply to disciplinary proceedings in progress. 7. The sums collected as a result of the extraordinary regularization of labor relations will be allocated to the Special Fund for actions on employment and labor cost containment referred to in Chapter 2-8-7460 of the State Budget for the financing of measures
support for the integration of young workers aged between 18 and 32 years, of workers or workers at the head of single-parent families with dependent children and for over fifty who are not receiving social security benefits. TITLE V GENERAL AND FINAL PROVISIONS Art. 25 (Special Incentives) 1. In the case of permanent hiring of workers aged between 18 and 32 years old and female workers or workers at the head of single-parent families with dependent children the extent of tax relief provided for in this decree - law has increased by 10%. For over fifty who are not receiving social security benefits, the measure of relief has increased by 15%. Art. 25a (Training Vouchers) 1. Within 12 months after taking an indefinite period of young workers, graduates or graduates, aged between 18 and 32 years enrolled in the lists of job placement, in case they are sent by their employers to attend advanced training or specialization abroad deemed necessary to increase their professionalism and to acquire specific skills courses, as well as to increase the competitiveness, the state contributes to bear the costs of such higher education with the provision of special vouchers on expenses, resulting from appropriate documentation. 2. A special fund intended to finance the advanced training abroad of young graduates referred to in the previous paragraph, will be established in the State Budget forecast as from the financial year 2012 according to the criteria, addresses, conditions of access and the maximum size of the state competition, established in the breakfast Budget Law. Art. 26 (Norma in respect of privileges) 1. Article 17 of the mortgage law March 16, 1854 and subsequent amendments and additions, is amended as follows: "The law recognizes as privileged over immovable and movable property of the debtor comun, and to be satisfied with the price of the same in preference to any other secured creditor or mortgage, and with the order following: 1) first, the creditors of legal costs; 2) secondly, the creditors of funeral expenses; 3) Thirdly, the service people for their wages; 14 4) fourthly, the creditors for alimentarie administrations of the last six months preceding the death or insolvency of the debtor; 5) fifth, the Public Treasury for taxation and taxes legitimately taxes and not satisfied by the debtor within the year; the vintage there ceases the privilege; 6) sixth, the professionals for services performed in the last twelve months. ". Art. 27 (Establishment of the Register of temporary work companies) 1. In implementing Article 17, paragraph 2, of the Law of 29 September 2005 n. 131, has been established at the Office of Industry, Commerce and Handicrafts, the Register of temporary employment companies. 2. Those who intend to act as temporary agency activities must submit an Office application for release of the industrial operating licenses that will execute in the prescribed procedures. It 'a condition of acceptance that the object instance in the Company's results in explicit and exclusive pursuit of temporary agency made under Article 17 of the Law of 29 September 2005 n. 131. Simultaneously with the issuance of driver's license must be paid the deposit, as security for salaries to be paid to workers of a bank or insurance guarantee of an amount not less than EUR 3000 for each worker employed on average in the previous year and in any case not less than € 50,000 in total. 3. The undertaking of temporary employment will be entered in the special register. That registration will be sent to inform the Labour Office. From receipt of the communication of entry Roll the Company may actually provide temporary employment. 4. The Company's recognition of temporary work by expected Albo will be suspended by Order of the Labour Office Directorate for a period not exceeding 20 calendar days each time engages in violations punished by the rules laid to Title IV of this decree - law. In case of relapse, to be calculated over a five-year period, the suspension will be equal to two calendar months. In the case of subsequent relapse, to be calculated in the following three years, the Labour Office Directorate will arrange for deletion from the Register. 5. Businesses that currently being played by the temporary agency work should fulfill the registration obligations of this provision no later than three months after its entry into force.
Art. 28 (Information telematics) 1. All communications relating to the constitution and the administration of the employment relationship existing between the employers and the Labour Office must be accomplished by so prevalent to information technologies. 2. By 31 December 2011, the Labour Office must set up special computer useful site to receive applications and documentation on the management of labor relations, as well as to provide, through appropriate procedures, the information requested by the user, both as regards the availability of jobs offered by companies, and to allow employers to visualize the skills of members in the Lists of work Goodwill resulting from the curricula sent to the Office of labor. 3. Within 90 days of the entry into force of this Decree - Law, the Labour Office will take the necessary steps to send in electronic format of the curricula that should be prepared according to European standards by all those who intend to enroll in the Lists Start-up of the Work or if there are already enrolled. 15 Art. 29 (Monitoring of overall employment) 1. In order to monitor the overall employment trend, the bodies of the public sector subject to the provisions of Article 18 of Law 18 February 1998 n. 30 as well as related undertakings directly or indirectly by the State, must submit a quarterly basis to the Secretariat of State for Labour that will handle forwarding to the Congress of State, and the Commission of Labour, the complete company's staff with evidence of contractual relationships work put in place in the previous quarter and occupational needs of the next quarter. 2. The first transmission company staff will be with reference to September 30, 2011. Art. 30 (Financial coverage) 1. The costs arising from this decree - law is given by allocation coverage on 2-8-7460 Chapter "Special Fund actions on employment and labor cost containment "of the financial statements of the current financial year Forecast State. Art. 31 (Repeals) 1. In addition to repeals provided in the individual articles of this decree - law, are also expressly repealed: - Article 20 of the Law of 19 September 1989 n. 95; - Article 9 of the Law of 29 September 2005 n. 131; - Article 1, paragraphs 1 and 2 of Law 21 December 1989 n. 128. 2. Finally, repealed all previous provisions which are inconsistent or incompatible with the rules of this Decree - Law. Given at Our Residence, this day of October 5 2011/1711 THE CAPTAINS REGENT Gabriele Gatti - Matteo Fiorini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta

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