REPUBLIC OF SAN MARINO
DECREE - LAW August 9, 2011 # 130
We the Captains Regent of the Most Serene Republic of San Marino
Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law
December 15, 2005 and 183 of Article 12 of the Qualified Law 15 December 2005 n
Withholding the extraordinary need and urgency, determined by rising unemployment and
by the increased number of requests for mobility and redundancy fund in the last quarter of
, the critical nature of the current economic and market work;
need and urgency to enact provisions for simplifying the labor market and stimulus measures that favor
as a whole relaunch the competitiveness of enterprises, the consolidation of existing enterprises
and the initiation of new economic activities and at the same time encouraging the employment
or reintegration of workers with particular reference to young people and other vulnerable
categories, in order to positively contribute to the production system recovery of the country and of
' jobs 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;
Considering Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2,
of Qualified Law n.186 / 2005;
We promulgate and send for publishing the following Decree-Law:
URGENT SIMPLIFICATION AND EFFICIENCY OF THE LABOUR MARKET
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
youth and female employment, help increase
technical and professional skills of workers, supporting the competitiveness of enterprises and to combat irregular 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:
- simplifying the procedures for starting work;
- Identify certain and transparent criteria of assessment of the status of non-employment;
- Update regulation of flexible contracts and relationships to educational purposes, including for the purpose of favoring
- Provide new ways of employment for purposes of upgrading professional
- Dictate corrective and supplementary provisions on social safety nets;
- Countering undeclared work by strengthening the system of supervision and sanction instruments.
TITLE I MEASURES FOR THE EFFICIENCY OF THE LABOUR MARKET
1. Without prejudice to the provisions concerning the registration lists Goodwill at Work
, have the status of non-employment anyone, not resulting in employment nor as
employees or as self-employed:
- are recorded Lists of the Labour Goodwill;
- They are immediately available to offer their services as an employee.
2. The Commission will deliberate for Labour, as part of the types of residence permits
, the categories that will entitle their holders to subscribe to lists Goodwill at Work
(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
generic request sent by the employer to the Office of Employment Work in the manner and form provided
by current regulations and by the articles of this decree-law.
2. The named communication of workers enrolled in the Lists of Labour Goodwill is always permitted
. The named communication, duly signed by the employer and the employee and accompanied by documentary
necessary to certify the existence of the full requirements
Ordinamento is suitable title to the establishment of the employment relationship from the moment where both
he has been 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
within two days of receipt of the notice.
4. Found not to conform the nominative communication, the Office of Labour assigns
to the employer the 3-day deadline for regularization of communication. If
where the adjustment is not possible for irreconcilable conflict with the regulations
matter, the Labour Office shall immediately inform both the employer and the employee,
also using information technology, the immediate termination of the relationship.
5. Should the lack of requirements Ordinamento both the absolute evidence, and therefore
he inferred willingness to use workers for whom they will not be
possible the establishment of a legitimate employment relationship, the employer shall be punished
required by the standards 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
of job placement lists, send the personnel to be hired as soon
possible, but no later than 2 working days from the its receipt. The act of acceptance of
worker by the employer is entitled to the appropriate establishment of the employment relationship.
(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 intake of non-registered workers in the Lists of Labour Goodwill is always permitted in the 20
limits % of employees hired on permanent contracts from 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 professionalism,
qualification and the job request is not available from the Start Lists of Labor, check
also 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 || | 23 November 2005 n. 169. 3
. Any derogation from the percentage limits indicated above, for reasons duly substantiated by
of the employers concerned, may be authorized by resolution of the
Commission for Labour, or within conventional Article 10, paragraph 2,
of this decree-law. Similarly, the Commission for Labour may decide percentages
more in the case of sectors or professionalism for which the lists are in place Starting to Work
incapienti or reduce the percentage specified in the first paragraph, for limited periods of time ,
for those sectors or professionalism with respect to which the availability of workers registered to the Lists is considered significant
4. With the Commission's approval for Labour, limited to industrial enterprises, handicraft
, commercial, hotel and tourism industry, professional offices, service
enterprises and cooperatives, the hiring of workers not enrolled to Lists of the Labour
Goodwill it can legitimately take place even with working part-time contracts.
5. To any undertaking which has at least one employee hired by Goodwill Lists to Work
it is given still entitled to proceed with the recruitment of workers under
first paragraph of this Article and in full compliance with the limits prescribed by the decree 23 November 2005 n. 169
aforementioned, on request from the Commission directly of Labour.
(coordinated and continuous collaboration Reports)
1. Section 1 of Article 18 of Law 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 that
justify the conclusion of that contract, consist of a single piece of work and must | || relate to the creation 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 constraint of working
. The employer may not use employees to a higher number
20% of employees for enterprises with a workforce of less than 40 units
or 10% of employees for companies with a number of employees greater than 40
units subject to the possibility for the Commission for Labor to resolve percentage higher or lower
related to specific economic or professional sectors. The judgment of compliance of the project or
of the work program defined in the contract, the Office is responsible for Labour, will
turn solely on the existence of the elements referred to in this paragraph. ".
(small accessories Reports domestic help)
1. Unemployed, unemployed, employed part-time or occasional, students and housewives,
can play at the domicile of the buyer small domestic help activities
up to a total maximum of 18 hours per week and no more than three clients.
2. The client must inform the Office of Labour, also electronically
, the establishment of the relationship with the employee, its likely duration, time joint
, the domicile at which the ' activity is carried out and its
hand, pouring Labour Office, by way of the relationship registration fee, a
sum of EUR 50. a similar notice should be given to amending or
termination of employment. The client must take out a special insurance policy for the
coverage of accident risks related to the activity of small domestic help. 3
. The Labour Office, verified to satisfy the requirements mentioned in the first paragraph shall
register your co-worker 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 an employment
5. They can access the reports referred to in this article also the workers of paragraph 1 shall not
enrolled in Lists Starting to Work in possession of a residence permit being
validity provided for in Article 7 of the Decree of November 23, 2005 n. 169.
(Quantitative limits to the use of posted workers)
1. The use of forensic workers posted by companies, governed by paragraph 6
Article 19 of Law 29 September 2005 n. 131, is permitted provided the number of the same
turns out to be less than 15% of the company's workers at which they should operate.
2. If the secondment of staff takes place between companies belonging to the same group of companies and concerns
top management or other employees with management positions, by
agreements with the State Secretariat for Labour it will be authorized
exceeded the percentage laid down in the first paragraph. 3
. To any undertaking which has at least one employee hired by Lists Starting at Work
is recognized, however, the right to use two posted workers.
4. They are subject to the provisions of the Decree Law 26 October 2010, n. 172, Cape
III, concerning permanent establishment of company.
(Medical examinations pre-hire)
1. In implementation of Article 17 of Law 18 February 1998 n. 31, in partial modification
Article 3, paragraph 2 of the Decree of 19 May 1998, n. 68, pre-hire medical
visits can also be legitimately carried out by the private doctors who are working
entered on the list of licensed doctors in the Department ISS prevention.
NEW TOOLS FOR INCLUSION WORKING AND RAISING EMPLOYMENT LEVELS OF
(Individual Plan of work and training placement)
1. To ensure the integration or reintegration to work of those who is regularly enrolled at
Lists Starting to Work and has asked the Office of Labour to sign the Pact
service in Article 3 of law 31 March 2010 n. 73, the directors of the Labor and
of the Vocational Training Centre will have to define, where the circumstances so require, a Plan Individual
job placement, 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 properly
consider, among legal instruments and incentives for contribution and / or economic nature
The ordering discipline in favor of employers and workers, who may be more
effectively used to support the training, retraining, employability and
employment of the worker, with particular attention to the provisions of articles. 25, 27, 28,
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
must arrange adequate tutoring services and regular business checks.
The conclusion of the activities included in the Individual Plan, the Director of the Vocational Training Center
shall inform the Office of Labor skills that may be collected by the worker.
5. The Labour Office will have to relate to the trade associations and individual
employers to promote, through the legal and economic incentive instruments selected and indicated
in their individual plans, effective integration of workers
and report regularly to the Commission for Labour outcomes of the activity.
(Conventions aimed at providing employment)
1. Conventions referred to in Articles 25, 26 and 27 of Law 31 March 2010 n. 73, through
which can be identified new ways of inclusion in the companies of workers
unemployed people, are concluded between the Secretariat of State for Labour and employers
2. To promote the integration to the work of young people aged between 18 and 32 years, of workers
at the head of single-parent families with dependent children and for over fifty
who do not receive unemployment benefits, enrolled in Lists Goodwill of Labour, the Secretariat of State for Labour
may enter into special agreements with businesses available, including newly
constitution, under which agreed, in a multi-year programming perspective
, types, mode and timing of intake. 3
. Conventions referred to in this Article shall be transmitted to the Office of that
Work will cure implementation.
4. 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 possibility provided for in the preceding paragraphs
(Employment contract in practiced in training content)
1. The employment contract in practiced in training content, referred to in Article 10 of Law 29
September 2005. 131, it is temporary and has a maximum duration of 18 months. Exceeding 6
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
turn it into relationship of indefinite duration, he is entitled to retain, as far as
50%, the tax relief for a further 12 months. In the event that the relationship is extinguished during the period covered by
due to cuts not due to the employee, the employer will be required
to full restitution of what has been achieved in that respect. 3
. During the term of the contract of employment practiced in training content, the
companies will have to pay, taking account of the provisions of collective bargaining,
monthly salaries equal:
- for the 1st quarter, 50%;
- For the 2nd quarter, 55%;
- For the 3rd quarter, 60%;
- For the 4th quarter, to 70%;
- For the 5th quarter and up to the time the end of the specified routes, to 80%.
1. In partial exception to the provisions of Article 14 of Law 29 September 2005 n. 131
internships for graduates and undergraduates may last no longer than nine months 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.
2. They can also make business internships graduates and school leavers and young people
students of the Vocational Training Centre which has obtained a certificate of professional qualification
required by current laws on vocational training, within twelve months from
graduation and for a maximum of six months. 3
. For business workshops that transform the employment relationship, the employer may
receive a contribution relief of 50% for up to 6 months if
taking both fixed-term and for a maximum period of 24 months if the assumption is
4. The employer will be liable to the full repayment of the relief obtained in case
the relationship is extinguished during the period in question for reasons not attributable to the worker.
(fixed-term contract of employment)
1. The maximum total duration of fixed-term employment contract which
Article 16, paragraph 5, of the law 29 September 2005 n. 131, is of eighteen months at a
same undertaking, subject to the 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
. For matters not explicitly apply the scheme provided for by Law 29 September 2005 n.
(temporary transformation of employment in part-time
for personal and family care needs)
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 transformation 7
of the temporary full-time employment to part-time, for a period, also fractionated
, however not more than 18 months in any three-year period, are recognized:
- the right to hire a new worker with part-time employment contract and time
determined, for the integration of the overall reduction of determined work
by the transformation of the relationship;
- A remission of 50% of contributions due for the hiring of new part-time worker.
2. If the ratio of both advanced processing required by a worker at the head of single-parent families with dependent children
, contribution relief for hiring new
part-time workers is 75%.
CORRECTIVE AND SUPPLEMENTARY PROVISIONS OF LAW 31 March 2010, n.
73 AND CHIEF EXECUTIVE OFFICER OF DECREE 26 July 2010 132
(wage subsidy Privacy)
1. Admission to the salary supplement referred to in Article 14, paragraph 1, of the Law
31 March 2010 n. 73, must contain, in addition to the estimated duration of the treatment, even
indicating the days and its time slot.
1. With reference to the first paragraph of Article 18 of Law 31 March 2010 n. 73 and
integration Article 19 of Law No 4 May 1977. 23, the Agreement verbal
admission to the state of mobility must give indication of the actual contraction in economic-productive
suffered; of the reasons that led to the situation of excess;
of technical reasons, organizational or production, for which you were not able to take appropriate measures to remedy the above-mentioned situation
; inability to carry out a reorganization of
duties and / or working hours, as well as the inability to reach the conclusion of business agreements
Solidarity, under and for the purposes of Article 29 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 reduction of staff, we proceed primarily with the workers who were not employed by
Lists to Work Goodwill, although stabilized, maintaining order, consistent
with the company's technical requirements, length of service, the tasks performed and
(corporate solidarity agreements)
1. The paragraphs 2 and 3 of Article 29 of Law 31 March 2010 n. 73 are replaced by:
"2. The company's agreement formally signed by the employer solidarity, by
union organizations of workers and employers involved, as well as by the Secretary of State for Work and
by the State Secretariat for the industry, 'Craft and Commerce, is entitled
suitable 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 a reduction timetable concerted
of all workers employed by the employer, the agreement of 8
Solidarity, lasting no more than six months, may allow, notwithstanding any specific
regulated procedures and requirements established by law, the provision of treatment
Checkout Integration and earnings in an amount not more than 50% of the lost salary. To this
End, the Agreement of solidarity, accompanied by the necessary documentation and
containing all necessary information, will be directly sent to the Commission for the layoff
gains. 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
the Protection of desired levels of employment, the provision of social safety nets will be determined according
salaries received by workers previously Agreement of
(Temporary disability income support during periods)
1. A partial amendment of Article 6, paragraph 4, of Law 31 March 2010, n. 73, periods of
temporary incapacity to work no more than 21 continuous days that may occur during the delivery of
Mobility allowance and unemployment do not involve
suspension, without prejudice to the payment of ' temporary financial allowances commensurate
amount allowance unemployment or daily mobility, which the worker would
perceived net of contributions payable by the employee.
(No longer unfit for the specific task)
1. Article 30 paragraph 1 of Law 31 March 2010 n. 73, the words "up to a maximum of more
365 days" is replaced by "up to a maximum of 365 days."
(Provisions incentive the hiring of Special Economic Allowance beneficiaries and
1. Article 5 of the Chief Executive Decree 132 of July 26, 2010, is replaced by:
redevelopment activities and recruitment incentives for Special Economic Allowance beneficiaries
and 'Unemployment benefits
(Law no. 73/2010, Art. 20, paragraph 7, and 23, paragraph 3)
1. In keeping with the purposes of the Law 31 March 2010 n. 73, individual plans
work and training placement that concern the beneficiaries of special economic
Allowance Allowance or unemployment who have subscribed for the service Pact
may provide for a period of training or education to be performed at an employer
private work or at the Vocational Training Centre, lasting no more than two
2. The training or education activities referred to in the previous paragraph can be activated
even following 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
referred to in Article 4, paragraph 3, of the law 31 March 2010 n. 73. 3
. During the above activities to protect workers, no longer subject to the obligations
presentation at the Labour Office provided for in Article 4, paragraph 1, of the Chief Executive Decree
26 July 2010 n.132, will be set up specific control actions and tutoring by the
Vocational Training Centre, aimed to assess its financial viability and fit to testify, to
end of the period, the skills that may be collected, to be communicated promptly
9 | || Labour Office
for all matters referred to in Article 6, paragraph 4, of Law
29 September 2005, n. 131.
4. During the course of training or education, at the latest at the end of the same,
by erecting communication Labour Office registered, employers can hire the
workers involved, with no trial period, taking advantage of rebates contributory as far as
50% for up to six months if the contract is for a fixed term, and to the extent of 50% for
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 the workers
will still be reviewed by a physician preassuntiva which can also be done at
a private doctor working in the mind of the previous article 8
5. The assumptions in the preceding paragraph are not possible if they are required by
same employer or the same group as the company that had ordered the
dismissal, as well as companies that pursue objectives of the obligations still elusive
imposed by current regulations.
6. To all those who, under the fourth paragraph, will be hired on a temporary,
the special economic benefits and unemployment benefits are suspended for the duration
Of the contract and the employee is entitled to 100% of the contractual remuneration.
7. Workers employed for an indefinite period are entitled to receive 100% of
contractual remuneration, broken down as follows:
- for the first six months, 20% paid by the company and 80% for the Cash Shock absorbers for
- From the 7th month to the 12th month, 50% paid by the company, 50% for the shock absorbers for
- From the 13th month to the 18th month, 75% paid by the company, 25% by the Social Fund for
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 indemnification from the monthly contributions
due to the ISS. ".
TITLE IV NEW RULES ON THE CONTRAST IN UNDECLARED WORK AND ILLEGAL
21 (Irregularities of employment and relevant administrative fines)
1. And 'irregular employment relationship that is established or operates outside of the types, the
mode, the terms and requirements provided for in this decree-law and applicable
2. The irregular employment is punished with a financial penalty in the fixed amount of €
1500 proportional EUR 150 for each employee and for each day of
performance or part of a day. The lender irregular work is punished by
administrative fine to the extent fixed by EUR 100. If the irregular work contributes
with the illegal presence of the worker on the territory of the Republic, the provisions laid down
by Law 28 June 2010 n. 118. 3
. For more effective action to counter the illegal establishment of a relationship of
work, if, as part of the supervisory activities carried out within the
workplaces are identified people for whom it is not possible determine with certainty whether their presence
is legitimate, such persons are regarded as being employed by those who have
still the responsibility of the inspected workplaces.
4. Where the law allows this in the order with which you
requiring the payment of administrative fines ritually disputed, the Department of Labor Office
shall wary employers to regularize || | sanctioned breaches. In the event that the employer complies with the notice and verse by
deadline an amount equal to the amount of the reduced penalties imposed by half, the administrative offense committed
to be considered extinct. The extinction of the offense is irrelevant for the purposes of
5. The dismissal of the regularized worker within the meaning of the preceding paragraph, which has been intimated
within three months of the regularization for causes not attributable, presumably occurred
circumventing 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 | || formulated by the labor Office, you must immediately stop the trial and
arrange for the documents to the Commissioner of Law competent for labor disputes, which shall
, in the same judgment which decides the dispute, setting the terms, the extent and mode of payment of sums due by
offenders by way of administrative penalty fine
(Pipelines irregular relapsing and shutdown)
1. In case of irregular conduct relapsing employer that occurs when in the next five years from the established fact
and sanctioned it incurs again in a
infringement of the same nature of that already committed, as a precautionary measure and special additional sanction , Ordinance
with which an order directing the payment of administrative pecuniary sanctions laid down
Ordinamento, the Management of the Office of Labour, evaluated the gravity of the violations also committed
according to the number of workers involved in relation to the organic business,
May order 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 Department of Labor Office of
request of the employer who proves that he paid a sum as a sanction additional
, to the extent fixed by EUR 3000 and EUR 300 proportional, for each employee and for each
imposed suspension day.
(Building contractors and owners benefits paid by the State)
1. Undertakings that hold public contracts as well as those receiving benefits or
loans granted by the State, such as the use of any kind of irregular employment relationships to
accordance with the provisions of this Title and the legislation in force, in case of
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 assessed
the severity of the violations, even in the number reason workers involved in relation
2. In the case of conduct recurrent decay from public contracts and the benefits referred to in the first paragraph
is automatically imposed in the Ordinance for an order issued by the Office
24 (Emergence of extraordinary irregular employment)
1. In extraordinary and exceptional, within 60 days of entry into force of
this decree-law, is allowed the regularization of labor relations still in place to
June 30, 2011, in compliance with the law regulations and the provisions of this decree - law
2. The employer or the customer will have to send to the Office of Labour, within a peremptory
in the first subparagraph, the request for an extraordinary regularization of relations
work, filling in every section of the form provided Office of labor,
in which declare under his own civil and criminal liability that the employment contract, which is
require the application arose dated earlier than July 1, 2011. 3
. Ascertained that the requirements and conditions necessary for the regular
creation of employment provided for in this decree-law and applicable regulations
matter, the Labour Office shall immediately notify the employer the applicant,
inviting him to pay within the next 10 days running, in the manner prescribed for the
payment of fines, an amount of EUR 300 for each of the employment relationships
to be regularized. To all legal purposes, including on the contributions should,
regardless of the actual date on which will regularize the employment relationship begins
formally as from 1 July 2011, irrelevantly of any
previous periods of employment on that date and with no penalty for late payment of contributions
4. The extraordinary regularization of labor relations that concern not enrolled workers
to Lists to Work Goodwill takes the value of "First work permit" issued to
meaning and for the purposes of article 2, paragraph 2 of Decree 23 November 2005 n. 169, also in
Notwithstanding the percentage limits provided for in the same. The work permit, regardless of the actual date on which
happens regularization, to be considered formally approved on 1st July 2011 and
granted for the period indicated in the request for regularization, but no more than six
months. The renewal of the work permit will not be granted if the Commission
the resolve to significant job presence in the Lists of Goodwill at the same
professionalism regularized Labor, for the reasons set out in paragraph 3 of Article 4. || | 5. The extraordinary regularization of irregular labor relations is not relevant for purposes of
6. The regularization referred to in this Article shall not apply to the sanctioning procedures
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 financing of measures to support
for the insertion of young workers aged between 18 and 32 years, of workers
at the head of single-parent families with dependent children and for over fifty
who do not benefit from social safety nets.
TITLE V GENERAL AND FINAL
1. In the case of permanent hiring of workers aged between 18 and 32 years
and female workers at the head of single-parent families with dependent children the measure of relief contributions
under this Decree - Law has increased by 10%. For over fifty who
not receiving unemployment benefits, the measure of relief has increased by 15%.
(Norma in respect of privileges)
1. Article 17 of Law Mortgage March 16, 1854 and its subsequent amendments and additions
, is amended as follows:
"The law recognizes as privileged over immovable and movable property of the debtor comun, and be satisfied with
prices for such securities in preference to any other privileged or mortgage lender, 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;
4) fourthly, the creditors for alimentarie administrations of the last six months
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. ".
27 (Establishment of the Register of temporary work companies)
1. In implementation of Article 17, paragraph 2, of the Law 29 September 2005 n. 131, is set up at the Office
Industry and Commerce, the Register of Companies of job supply temporary
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. And 'condition for instance upheld that
object Company's activities result in an explicit and exclusive pursuit of providing temporary labor
made under Article 17 of Law 29 September 2005 n.
131. Simultaneously with the issuance of driver's license must be paid the deposit, as collateral for
wages to be paid to workers of a bank or insurance guarantee of
amount not less than EUR 50,000. 3
. The company of temporary work will be entered in the special register. Such
civil registration will be immediately communicated to the Office of Labor. 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
whenever engages in violations punished by the rules laid down in Title IV
of this decree - law. In case of relapse, to be calculated over a two-year period, the suspension will be
equal to two calendar months. In the case of subsequent relapse, to be calculated in
next three years, the Labour Office Directorate will arrange for the deletion from the Register.
5. The companies that are currently doing the temporary agency activities
will fulfill the registration obligations of this provision no later than
three months of its entry into force.
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
receipt of requests and documentation on the management of labor relations,
and to provide, through appropriate procedures, the requested information by the user, both 13
In the availability of jobs offered by companies, both so that employers
display the skills of members in the Lists of work Goodwill resulting from
curricula sent to the Office of Labor. 3
. Within 90 days of entry into force of this Decree - Law, the
Labour Office will take the necessary steps to send in electronic curriculum format that will
be drafted according to European standards by all who intend to enroll in the Lists of
Starting to Work or if there are already enrolled.
(Monitoring of overall employment)
1. In order to monitor the overall employment trend, the Public Sector Entities
Broader subject to the provisions of Article 18 of Law 18 February 1998 n. 30 and
related undertakings directly or indirectly by the State, should be filled with a quarterly basis
to the Secretary of State for Work that will cure it forwarded to the State Congress,
the complete company's staff with evidence contractual employment relationships in place in
previous quarter and occupational needs of the next quarter.
2. The first company's workforce will be broadcast as of 30 September 2011.
1. With subsequent provision of the law will be prepared, with the wider involvement of the social partners
, an organic labor market reform which will bring:
- the adoption of new organizational models that will ensure greater efficiency and effectiveness || | employment services and training, together with the practical and strategic restructuring
institutions responsible for governance of the labor market;
- The establishment of a comprehensive system of active labor market policies and training;
- Rationalization of support institutions to the income of workers, within the overall
financial sustainability of the State Budget;
- The systematic coordination and strengthening the effectiveness of supervisory measures and
control over the proper constitution and conduct of labor relations;
- The reorganization of standards of vocational training;
- The design, with the possibility of funding, positive actions to work and
concerted education between the state and companies;
- The reform of the educational purpose contracts, with particular attention to the case of
- Certifying the professional skills of workers, according to European standards;
2. As part of the rationalization of institutions to support workers' income will be
extended to temporary workers, who have gained at the same employer
the ongoing work increment for permanent workers, the 'Benefits special economic
referred to in Article 17 of Law 31 March 2010 n. 73. 3
. With additional measures, after extensive consultation with the social partners, will be
amended the provisions of Law 17 February 1961 n. 7, with respect to representation of
associations and trade unions, through the definition of new collective bargaining procedures
and the attribution of overall effectiveness to collective labor contracts
4. In agreement with the social partners and in the context of an overall assessment of organizational models
enterprises and development of the economy, it will be examined the feasibility of
new procedures designed to ensure stable legal relationship of cross-border workers.
5. By special provision to companies in the 24 months after its entry into force
, they have not resorted to CIG for market crisis or staff reduction
under Article 19 of Law No. 1977. 23, will be recognized as a reduction in the tax, in the 14
Extent permitted by current tax regulations. The reduction, the reduced amount
than half as much as provided above, will also be granted to businesses that then
to a reduction of staff made before this Decree-Law, have summary or summarize all
their workforce available to reactivate the relationship with the employment contract of indefinite
6. The measures referred to in the preceding paragraphs shall be adopted by the Congress of State no later than 31 December 2011.
1. The costs arising from this decree - law is given coverage by allocation
on 2-8-7460 Chapter "Special Fund for actions on employment and labor cost containment
" the balance of the current financial year State Forecast .
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, they repealed all previous provisions which are inconsistent or
incompatible with the rules of this Decree - Law.
Given at Our Residence, this day of agosto 9 2011/1710 dFR
THE CAPTAINS REGENT
Maria Luisa Berti - Filippo Tamagnini
THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta