LAW 22 December 1972 n.41 (published in the albo of the Government Palace on December 29
Organic Law for state employees.
We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great and General Council
its meeting on 22 December 1972. TITLE I
NATURE OF THE EMPLOYMENT RELATIONSHIP
The employment relationship between the State and the employees are covered by this law.
The employment relationship is a legal relationship in that:
a) the rights and duties of the employee corresponding duties and rights assigned to the Public
B) it is in compliance with the disposizion c ntenute in this organic law or by
to the rules drawn up and recognized by the legal system.
The employment relationship is established between public administration and employees in order to ensure relevance
The various aspects of this report are:
a) the employee's adherence to the employment relationship;
B) whether the employee rights and duties ni the Public Administration;
C) ongoing provision even if for a short time and determined by the work of the individual in
services related to normal activities and purposes of the Public Administration;
D) payment to employees for remuneration by way of salary or wages.
TITLE II SYSTEM OF ORGANIC PERSONAL
organic Quadro staff
All places of employed in a permanent position in the employ of the Public Administration are
included in the comprehensive framework set out in Annex A.
The organic framework of civil servants it is divided into the following roles:
B) Auxiliaries and permanent workers.
Framing, qualifications and fees
The qualification, the number of organic places, titol study, service, special assessments
related to each qualification, the salary coefficient of each degree as well the modalities for access
individual qualifications are set by organic table in the preceding article.
The plan posts for civil servants are granted through competition organized by the Great and General Council
. The contests are public or internal qualifications, for examinations, qualifications and examinations, for
practical test or a masterpiece.
One of the posts will be filled through internal competition in the cases listed in Annex "A" of
assent of the Consultative Commission.
The Public Administration can proceed organically admission per call in places
set out in Annex "A".
General requirements for admission into organic
The general requirements for admission into organic are:
a) be a citizen of San Marino;
B) have the enjoyment of civil and political rights;
C) have no criminal convictions for premeditated crime, involving restriction of personal freedom
for longer than one year, or for the same space of time
disqualification from public office, to be demonstrated by submitting the criminal record;
D) have reached the age of 21 and have not exceeded 40 years after the issue date of the notice of
competition, subject to special cases set out in Annex "A";
E) it is in possession of the title of the study specified in Annex "A";
F) is physically fit to perform a route; g) have other special requirements
The documents referred to in subparagraphs a) b) c) must be not older than three months from the submission of the application
The requirement referred to in subparagraph d) is not required for the employee workforce.
Contests The competition, both public and internal, is banished to the Great and General Council
least two months before the date fixed for the submission of applications.
9 Publication of the competition notice
The announcement is made public through posting to valvas palatii and from public offices as well
by sending to the Trade Unions organized by the Secretariat of State for Internal Affairs || | at least 45 days before the deadline.
It 'faculties of the same Secretariat to give more publicity to the notice. The failure to publish the notice
causes of nullity of the competition.
Appointment of the jury of competitions
At each competition, both public and intrno, the Great and General Council appoint
within 2 months of the notice deadline, proposed by the Congress of State and organizations
Trade Union, a Selection Committee composed as follows:
- Chief of Staff or another designated official dl Congress of State who presides
- three members designated by the State Congress
- four members appointed by the trade unions .
The Congress of State and the trade unions also appoint two alternate members for
In the event of any tie that expressed by the President.
And 'the Commission's right to use two or more' experts also in the examination.
The experts can not be chosen among the members of the Council Great and General.
They can not be part of the same committee relatives or relatives up to the third civil degree and those that
in the same grade are relatives or relatives of one of the competitors; also they can not be part of the Commission
examiner numbering more than two people who are part of the same category or the same
Office of one of the competitors.
General criteria for field operations
The general criteria, the evaluation tables of the securities and their respective categories, the minimum and maximum
scores for individual examinations or practical tests and other
procedural provisions are set out in Annex "C".
The examination subjects for each post which was s not specified in Annex "A".
Every member Selection Commission may be on the record the reasons for his dissent in order
judgments taken by the majority of the Commission itself.
The competition operations begin within 60 days from the date of appointment of the Commission.
Training At the end of the list of operations in art. 11, the Commission shall prepare a report and a
merit list of competitors suitable on the basis of the results of the competition.
Approval of the list and appointment
The ratings of merit are approved within 30 days of its completion with acknowledgment by
State Congress delegation that the Chief of Staff to appoint the winners.
The approved list will be made public and communicated to all those who participated in the
An appeal against the ranking are open to appeal to the Council of Twelve within 30 days of notification.
14 Effectiveness of the list The list drawn up by the Commission giudicatrie effective only for the places available
competition and is valid for six months from the date of its approval.
If the list includes a number of suitable higher than that of places available and
out any of the winners renounce or decay of the appointment or for any reason ceases to service by
period of validity of the list, the head of P rsonale proceed, within a period of thirty days,
the appointment of successful candidates in order of ranking.
Special rules are laid down in "D" for the formation of public lists to
score for the appointments and for substitutes.
Participation and effective date of the appointment
The appointment was announced by the Chief of Staff to the interested parties by registered letter with return receipt
, indicating the degree to which the assigned seat belongs and salary related
, and I invite you to take on service within the period, not less than 60 days, set by
At the legal and economic effects the appointment takes effect from the date on which the service assumes appointed.
Failure recruitment service
The appointed who does not eat service within the time allowed is dismissed
office except in cases of impediment caused by force majeure or by serious and justified reasons such as long
impediments are communicated by the person concerned, to which is assigned
a definitive word from the Chief of Staff commensurate with the reasons.
The employee is appointed on probation for six months from the actual taking of the service date. In case of absence
for justified reasons of the test is dependent on the faculty of the Chief of Staff
grant an extension for a period not exceeding that of absence at the request of the Head Office.
The evaluation of the trial period is carried out by the Consultative Commission on reference
Head Office after which it is communicated to the employee by the Chief of Staff.
The trial was held in the same office and exercising the same functions for which
was declared the winner of the competition.
The service provided during the trial period is recognized in all legal effects in respect of employees hired
final Taking into organic
After the probation period with favorable hiring organically outcome follows character
stability by taking cognizance of the Great and General Council.
If within two months of the expiry of the trial period successfully carried does not intervene
acknowledgment of the Great and General Council the employee is hired in organic definitively.
resigns at the end of the trial period
If the Advisory Committee expresses an unfavorable assessment of the trial period, the employee is required to resign
with reasoned statement of the Chief of Staff.
Against that decision it is subject to appeal to the Administrative Mgistrato in art. 75.
The employee hired on trial and discharged is entitled to payment equal to one month's salary
for each year of service, be divided into twelfths for the period of service.
Art. 20 Oath
The employee hired into organic must, within one month of the notification of appointment, pay the
oath ceremony in the hands of the Secretary of State for Home Affairs in the presence of two texts that
countersign with the employee.
The oath is as follows: "I swear to be faithful to the Republic, to observe faithfully
state laws, to fulfill the duties of my office in the interest
Administration for the public good ".
The refusal to take the oath results in the loss by the use.
Art. 21 Chief of Staff
The Home Secretary is the Head of State Employees.
Issue at the Office of the Chief of Staff was held, for each employee, a personal file where
have collected all the documents that relate to the career of in accordance with standards set out in Annex | || "B".
The employee is entitled to take note of his personal file. At the Commission
Consultative each member has the right vision of the personal file of each employee
The Chief of Staff is required to publish, within the month of March of each year, the roles of public employees
containing full name, qualifications, job title, grade, seniority service,
gross annual salary and shareholders.
The employee may present a complaint to the Chief of Staff for the rectification of their own or others'
Contests Interior Internal competitions are banned between regular staff and for places
expressly provided in Annex "A". You can participate dipendeti who possess the required
requirements set out in Annex "C".
The internal competition notices are to be brought to the attention of staff by notices sent to individual
offices and services and to valvas palatii posted at least 30 days before the deadline for submission of applications
The competitors are not required to submit the documents referred to in a); b); c) Article 7 of this Act
For the rest, the provisions relating to public competitions.
If the internal competition does not give positive results, the Chief of Staff, at the proposal of 3/4 of
Advisory Commission, covering the place put out to tender by the appointment of an employee of
role, or through public competition.
The disciplinary proceedings initiated against an employee does not prevent his participation in the competition
; the eventual his appointment, however, remains suspended until the end of the proceedings.
If the proceedings result in the application of a disciplinary punishment
more than 2/3 of the maximum period of suspension the employee is excluded from the appointment.
Art. Transfers 25
The assignment of employees to individual offices and services and the transfer of staff on equal
able are willing, on the basis of proven service requirements, the Chief of Staff felt the Commission
consultative and with the consent of the employee concerned.
The employee who duly established by the Collegiate Medical Commission for partial permanent disability of physical abilities, according to art. 100 is no longer 'able to perform fully
the functions relating to their qualification is transferred, with his consent, in another
role with corresponding functional or similar preserving in effect treating economic
the qualification of origin.
TITLE III DUTIES OF THE EMPLOYEE
behavior Employees are required to comply in a diligent and prompt the work assigned to them in accordance
to the public interest and subject to their laws, regulations and specifications in force
The service relations should be guided by mutual respect and assiduous and diligent collaboration between
In relations with the public the employee's behavior must be such that
establish a relationship of trust and mutual respect between citizens and government.
Responsibility For state employees has imposed observance of the duties inherent in general to their office, position and
grade, according to the regulations and specification clauses.
The employees are directly responsible, in the event of fraud or gross negligence, for damages caused to the
State and third parties to which the Administration should respond and prejudices went to the rights of citizens or persons
If the harmful event occurred intentionally or by gross negligence more 'employees, they shall be jointly responsible
The employee is exempt from liability when he gito for an order that is required to run
, prejudice to the responsibility of the superior who has given the order.
Orders Employees are required to carry out the orders given by superiors within the framework of its functions
When exercising its functions the employee finds difficulty or inconvenience derivatives
by the orders issued by the superior for the organization and provide the service must
report hierarchically and if necessary up to the C bit of personnel making any remarks and proposals in his
appropriate notice to remove the difficulties and problems detected.
The employee, to whom is given an order by the superior found contrary to the standards of healthy and correct
administration or patently unlawful, must make immediate grievance to the same upper
declaring the reasons. In that case, he has a duty to carry out the order only if it is
renewed in writing.
The employee must not, however, carry out the order of the superior when the act is illegal criminal
Obligations Employees in addition to the duties mentioned in the foregoing articles are obliged to:
a) refrain from handling money the state is not expressly described in the terms
B) keep around the office business, which are not of public reason, the most 'absolute secrecy;
C) not removed by the acts, registers and other state objects;
D) refrain from receiving compensation offered loo on official business;
E) have the greatest possible care of the state-owned assets had over and at the end of
return them to the proper service;
F) regularly observe office hours or s rvizio to which they belong and not deal
during the course of this business its own or other, unrelated to their duties.
Incompatibility Civil servants can not enter into business relationship with the Public Administration.
The state employee can not carry on trade, industry, nor any profession, take
other uses, accepting positions in companies or entiper which the appointment is reserved to the Public
Exemptions may be made by the Head of Personal, with the assent of the
Advisory Commission, for highly qualified scientific work and qualifying and that
affect the normal course of business.
E 'obligation to state employee to reside eff ttivamente in the territory of the Republic. Chief of Staff
grants, upon advice of the Advisory Commission, exemptions from the obligation
for justified reasons.
If internal supply teachers if it is needed, and in any case for occasional absences not exceeding
30 days, as part of normal business hours, all staff has an obligation to and cooperate as
supplirsi each other for the prompt and regular dispatch of work.
In the absence of upper assumes his place as one of its employees who immediately
follows in hierarchical order.
If these are not replaced will be disposed ta by the Chief of Staff under the
rankings in Annex "D".
Substitutions with higher functions
In case of internal replacements for a period superior to 26 days in qualifying
greater than its own, or in qualifying different from that of the role of belonging but provided with a treatment
upper comprehensive income, the employee is responsible for the difference in pay between the two initial
This treatment can not extend beyond six months if the post falls vacant manner
. After this period is identified, the place
coverage in accordance with Annex "A".
hierarchy and seniority of the staff
The hierarchy among employees is determined by the qu lifica and in the same qualification on the degree;
in the same grade, length of service.
The length of service is determined by the date of ssunzione; equal to that date, age, events
subject in each case the rights resulting from the classifications obtained in the test of competition.
The employee in charge of the functions of different qualifications covered by that is considered, the
hierarchical effects during the period of such the mansio, as belonging to the qualification
corresponding to the functions exercised.
TITLE IV TIME, REST, ABSENCES, LEAVE
35 Working hours The normal working hours which is distributed five days a week is established and announced by the
Public Administration in consultation with the unions legally recognized.
The length of actual service is specified in Annex "E".
The extraordinary service eventually paid days off can not exceed the length of normal
office hours and is paid as a special public holiday in all respects.
Art. 36 Weekly rest
The weekly rest is an inalienable right. As a rule, employees enjoy two days off weekly
. Employees required to turn or to the nature of the service to work on rest days
is recognized an equal number of compensatory rest days to avail no later than the following week
E 'absolutely forbidden to make up, except the provisions of art. 35, last paragraph, with
extra allowances, awards, bonuses or other not taking the weekly rest in
manner provided in the preceding paragraph.
Employees are required to services outside normal hours, again as part of
functions related to their qualification, provided they are justified by very exceptional circumstances and transitional
and preferably using volunteer staff.
The overtime may not exceed a maximum of 120 hours per year.
No employee may work overtime without prior permission of the Chief of Staff
extraordinary Permissions The employee is entitled to use the following overtime paid leave upon request to the Chief of Staff
a) 15 continuous days in case of marriage;
B) up to 5 continuous days for serious family bereavement;
C) up to 2 days in a year, for any other special occasion;
D) up to 20 days in a year to take exams or study reasons related to regular courses
The Chief of Staff also will grant the employee unpaid leave up to a maximum of 10 days per year
for the reasons described in b); c); d).
The Office Heads and Heads of Service may provide, within the limits of the point c), for half a day
to the employee who requests permission by presenting valid and urgent reasons, giving
communication to the Chief of Staff. The same Office Heads and Service Chiefs must give prior
and valid justification to the Chief of Staff before leaving the Office for
Art. 39 Pregnancy and Puerperium
In the case of pregnancy and childbirth the employees are entitled to time off work for up
period of 150 days. This period may commence no earlier than 60 days of the expected date of childbirth
; It is given the opportunity to bring forward up to a maximum of 90 days upon submission of certified medical
During this period, the employee is entitled to the enjoyment of the entire paycheck to the exclusion
of the expense allowances. No stra rdinario compensation may be granted to
employee who does not use the entire period of leave.
For the purpose of breastfeeding, the Chief of Staff authorizes the absence of the dependent
for a maximum of two hours per day and for a maximum period of four months from the resumption of service.
Illness The employee who falls ill must be given within three Thu ni notice to the Chief of Staff for through hierarchical
transmitting medical certificate comprvante disability, completed by the attending physician
on blanks adopted by the Institute for Social Security.
The employee falling ill in locations outside the territory should be sent to Chief of Staff
within four days, two medical certificates, including one for use of the Institute for Security
Social, released by the officer of the City Health or other
Health attesting the nature of the disease and its likely duration.
The Administration has the right to control the employee's illness through the Tax Doctor. A healing occurred
your doctor fill out a specific declaration stating the day when
the employee can return to work. This declaration must be released immediately by the employee
, again via hierarchical, the Chief of Staff.
41 Unjustified absences when the absences is not justified the Head Office or service from which the employee is assigned
must promptly inform the Chief of Staff for the appropriate action.
Leave on illness and salary
During the first six months of disability the employee on sick leave is entitled to receive the full salary
excluding fringe benefits. Exceeded the period of six months the employee intends
placed on leave due to illness for up to one year, with the right to receive 70%
salary excluding allowances and predicted whilst maintaining fully the receipt
the allowances for dependents.
The expectation ends with the cessation of the cause for which he was placed.
The Directors may at any time proceed to appropriate health checks.
Two or more 'leave of absence for health reasons add up to the effects of determining
of the maximum term provided for in paragraph 1 qu lora between them is not an interval of more than three service
The total duration of leave for health reasons can not exceed in any case three years
Forms of absence for other reasons
The employee is on leave with regular administration deliberation:
a) automatically: from illness or injury and because of an injury or illness for service causes;
B) in question: for family or personal reasons; for positions of political or administrative
or trade union or for study.
After the maximum period of leave on malatti, the employee is subjected to examination collegiate
and if it is not able to resume regular service, without prejudice to the possibility provided for by Article
. 25, ends the employment relationship and was admitted to the enjoyment of the rights of quiescence
The time spent on leave for illness, before and after being admitted to organic, is computed
in full, for the purposes of remuneration of periodic salary increases, career, the
pensions and the payment of tr dicesima month.
Leave on infirmity or illness because of service
When for causes of service the employee has an accident at work or while traveling or contracts
disease, is placed in office expectations for a maximum period of three years
payment of the entire salary, whilst the provisions of the penultimate paragraph of Article
expectancy for family reasons or personal
The expectation for family reasons or sptta staff to employees who make a request to the Chief of Staff
who is obliged to respond within 30 days.
However in the event that that expectation would create serious dysfunctions in the Office, Chief of Staff of
assent of the Consultative Commission may deny it or to agree on a postponement
with the employee concerned.
This expectation may be granted for a minimum of six months and for a maximum of one year to only
employees in force. If there is a serious will mot family leave it may be granted
also for periods of less than six months. Over the employee's career they can not be overcome
total of three years of expectation and for a maximum of one year in the five years.
In this period is not provided for the payment of ordinary and extraordinary
monthly fees of any kind, neither they, in the event that the employee sums up the service, are calculated in the
pensions, the career, nor to each other economic order.
Leave on grounds of administrative political or trade union Employees
elected to executive positions of political, administrative or trade union
are placed, upon request, on leave until the end of the assignment. In this period it is not paid the
salary and if the employee summarizes the service can obtain the reconstruction of
career after payment of withholding tax according to the fees that will be up to
date of your return.
expectancy for study
The expectation for studies is granted on application properly documented and has the
maximum duration of one year.
In these periods do not require the payment of ordinary monthly salary and overtime
any kind, neither they, in the event that the employee sums up the service, are calculated in the
pensions, the career, nor to each other economic order.
Annual leave The employee is entitled to paid annual leave, up to:
a) 15 working days during the second year of service
b) 20 working days during the third year of service
c) 26 working days from the fourth year of service onwards.
During the calendar year in which they were hiring the employee benefits from ordinary
1 day off for every month of service.
In annual leave are calculated anyhow the ass nze not justified.
If during annual leave the employee is suffering from sickness regularly assessed and found
, considering interrupted his annual leave and sick leave starts.
waiver of annual leave
To requirements resulting from force majeure, the Chief of Staff for justified reasons may
postpone the enjoyment of annual leave not later than the first half of the following year.
E 'absolutely forbidden to compensate with bonuses, awards, bonuses or other, non
enjoyment of annual leave.
Granting of annual leave Annual leave is granted by the Head of Personnel. And 'it allowed the subdivision of
leave a maximum of four continuous periods.
The request for leave is made on a form signed by the employee and countersigned by
Head Office, who must report the employee replacements that are away and observations
it deems appropriate.
The request thus completed must reach the Chief of Personnel at least 5 days before the period of leave
The annual leave are unexpended at each office or in turn service between employees on the basis
of their choice with no less than one day so it does not substantially damage or delay
to the normal progress of work .
The service chiefs and office chiefs are required to establish in due course a draft program
annual leave of its employees in order to ensure the functionality of the Office,
notifying the Chief of Staff within March 31 of each year.
suspension of permits and leave
The Chief of Staff, to service the needs of particular gravity, it may retain or recall
service the employee during the leave.
The costs incurred by the employee because of the interruption of the leave, shall be borne by the
Public Administration. Cease the causes that justified the dismissal the employee is entitled
to complete the unfinished leave period.
The employee is placed in readiness for the reduction or abolition of posts or offices
agreed between the unions legally recognized and Public Administration.
In cases where it is necessary to proceed to the assignment to the Advisory Commission designates
in relation to the various qualifications of the employees to be put in that position.
An employee availability competes in the entire salary, excluding allowances or payments for services
and special character functions and extraordinary performance.
They will instead be made in full allowances for family expenses. Such treatment will persist as long as the economic
Public Administration, after consulting the Advisory Committee, will not
provided reintegration of employees in active service.
Salary ceases to be paid during periods when the employee in availability assumes other employment or carries out its work in
The employee availability has right of way to occupy those places or pari passu
offices that become vacant.
The period spent in availability with pay, it is recognized as a service effective
to all legal purposes.
The employee recalled to service that has not returned to work within 15 days
was admitted to the enjoyment of his rights to retirement benefits for which will be fully into account any
availability period. TITLE V REMUNERATION
Salaries Gross monthly wages as the dipend you the various careers and qualifications are set
in the statement of earnings allocated in relation to the combined parameters in Annex "A"
This law. The salary is paid by the State Treasury by the 27th of each month. Upon payment
is given to each employee a distinct with the exact time of each
competence and restraint.
In the event of termination of service during the month, not for disciplinary reasons, the employee organically
it the whole month's salary.
service recognition and remuneration
The service provided after the age of 21 years of age and before the appointment of organic
employed by the Public Administration and for assignments that substitutes for the duration || | exceeding ten working days in normal time, is counted in full and with retroactivity to
effects of career advancement and the determination of periodic increases.
The recognition of this service takes place at the request of the employee, subject to payment of withholding
counted on the basis of the last salary.
The recognition of the service provided before placing in the role evaluating the effects
retirement, the salary progression and settlement of arrears arising from
recognition of seniority not taken.
It is not permitted the recognition of years of service does not actually supplied employed
Basic salaries are subject to biennial periodic increases in the following extent:
10% for each of the first four shots;
5% for each of the next four shots;
2.5% for each of the last eight shots.
Each Periodic increase payable from the 1st day of the month within which is ripe. In case of transfer from one qualification to another
the employee retains in all respects the seniority
funeral check In the event of death of the employee's salary is paid to the heirs of the entire
month during which death occurred, and those who demonstrate that they paid funeral expenses is
a sum equal to 200,000 pounds by way of competition for the same expenses.
Art. 58 Missions and
For employees on official business have to travel outside their normal place of work, both
in the territory and outside of it are paid bonuses and reimbursement of expenses set
"G" in the Annex.
In special cases and previously authorized dl Head of Personnel Administration reimburses
expenses at the bottom of the list.
hourly and daily salary
The hourly wage is determined by dividing the entire monthly salary of
excluding family allowances and expenses for the number of working hours per month provided by the role of
membership. The daily wage is determined by multiplying the rate by the number of hours
established for each working day.
Compensation for ordinary service provided nightly or festive
Employees who are required to pay ordinary service to be performed in nighttime hours from 22 am to 6
or days which are public holidays is corrispo ta an increase 20% on the hourly
for the hours actually worked.
Remuneration for overtime The overtime is compensated for each hour normal hours daily working
excess actual performance in the following manner:
a) be increased by 25% in the hourly wage If work performed in daylight hours;
B) be increased by 50% the hourly wage in case of work performed during night hours from 22 am to 6
C) be increased by 100% the hourly salary in case of work done on holidays and provided
in the days of weekly rest.
E 'absolutely forbidden to correspond with you dipend allowances, allowances or ongoing fees or
forfetizzati in place as well as compensation for overtime
regulated by this Article.
Family allowances and pension
The employees are entitled to receive allowances and retirement according to the criteria established by norms in force in the field
Christmas bonuses to all employees is paid together with the salary for the month of December each year
a thirteenth month of pay, excluding family allowances and reimbursements
expenses, calculated on the basis to one-twelfth of the last salary received for each month of service
paid during the year.
The transfer Departures and seizures, seizure or repossession of the remuneration payable to the employee
May take place only in cases and within the limits established by the law May 27, 1899 and can not
however, exceed the rate of one-fifth of salary.
accommodation, clothing, tools
The rules on the service housing, clothing and work tools are set out in Annex
additional allowances and any bonuses
An employee is also entrusted the following other allowances and bonuses according to the articulation
formulated Annex "G":
a) additional fee to load family
b) contingency allowances
c) money compensation allowances
d) transport allowance
e) any allowances provided for in Annex "G".
The allowances referred to in this Article may be granted, modified or canceled, on
assent of the Consultative Commission, by the Chief of Staff.
Withholding for retirement
The basic salary and any periodic increases and employees are subject to a deduction for
pension fund equal to 4% for those who enjoy the pension paid by the State and the rate
accordance with the law 30 June 1964 37 as amended, for those who enjoy the pension paid by the ISS
In case of termination of service without that depend institution has achieved the right to a pension, the
contributions to the Public Administration will be transferred to pension funds in the ISS
according to the service provided.
It 'abolished any withheld in settlement to end service. TITLE VI DISCIPLINARY MEASURES
Disciplinary Sanctions Any employee who violates his duties is subject to the following disciplinary sanctions:
3rd) suspension from service
The application of disciplinary sanctions does not exclude the application of sentences for the same acts
are imposed by applicable criminal laws.
Art. 69 yellow card
The admonition is given by the Head Office or service on which depends the clerk after
minor infringements within the office or service.
Censorship Censorship is a written reprimand and motivated statement, pronounced by the Chief of Staff
upon advice of the Disciplinary Commission. The Chief of Staff is bound to give
statement of objections to the employee by assigning llo same
a period of at least fifteen days to file any briefs and deductions.
The employee incurs the censorship:
1) negligent conduct in the performance of the service;
2nd) repeated failure to comply with time office;
3) unjustified absence until a day;
4th) violation of professional secrecy under Article. 29 who has no material damage or moral
to the state.
The suspension Suspension from the service involves the cessation of functions for up to two months
and the temporary loss of salary.
For the period of suspension shall be granted to the employee a food allowance equal to half the minimum wage provided for by the organic
table. He also has the right to collect the whole
allowances for dependents.
The suspension is decided by the Disciplinary Committee with the procedure under Article. 73.
you incur suspension:
1) recurrence in events that have previously given reason to the application of censorship;
2nd) unjustified refusal to carry out orders of service in accordance with art. 28;
3) compile the information report intentionally contrary to the truth of the facts;
4th) Serious infringement demonstrating reprehensible conduct in the service or conscious tolerance of severe abuses
5 °) employment use for personal ends;
6th) unexcused absence for more than one day.
Art. 72 Dismissal
It incurs dismissal in the following cases:
1) if the employee has incurred more 'than twice in offenses that have given cause
application of the suspension of the service, or for increased severity of the infringements;
2 °) if the employee, definitively and r ato intentional, report
sentenced to a punishment restrictive of personal freedom for long hours does not infer one year or conviction triggering
for the same space of time disqualification from public office;
3rd) in the event of proven non-compliance referred to in Article 30. The dismissal is
approved by the Disciplinary Committee with the procedure under Article. 73.
The resolution of dismissal leads to the immediate and final cessation of the employment relationship:
The official concerned must definitely leave the office and can not be readmitted to the State
dependencies. He retains any rights to liquidation treatment for end of service
prejudice to the right of the State to claim it to you for damages suffered
materials because of offenses committed.
Disciplinary proceedings The disciplinary procedure for the deliberations of the suspension from service and dismissal
begins with the statement of objections to the employees including you. Such communication is made in writing by the Chief of Staff
which simultaneously assigns the i person concerned a period of at least thirty days
currents from the receipt of the notice to submit memories and
Copy of the act is simultaneously transmitted to the Disciplinary Committee together with
documents constituting evidence of objections.
The employee has the right to inspect and take copies of the documents on which they are based
complaints made by the Chief of Staff.
He also has the right to defend himself in person or through a prosecutor
before the Disciplinary Committee. For this purpose, the date of the Commission's session should be communicated to
least ten days before.
The suspension resolutions from service and dismissal, shall be notified to the Chief of Staff
by registered letter with return receipt. Of those deliberations the Chief of Staff
informs the Great Council and rale January in its most 'next session.
When disciplinary suspension of the proceedings the fact charged to the employee has datoluogo a complaint to the Judicial Authority -
that this processing office for the same act - the disciplinary proceedings remain suspended until
' exhaustion of criminal law, subject to the obligation of the administrative authority to compete
establishing the facts and evidence collection.
Appeals Against the Commission's deliberations ch omportano disciplinary suspension from work or
dismissal is subject to appeal in the ordinary courts of appeal for civil cases constituted as
The above mentioned measures are immediately enforceable despite the appeal filed against
them under this Article. If reform the Administrative Magistrate decides with
judgment of the legal issues arising out of the contested decisions.
The appeal must be filed within thirty days of notification of the measure by
deposit in the Chancellery of the Commissioner's Court. The applicant is not subject to
sums of anticipation or whatsoever deposits.
E 'given the option to Administrative Magistrate, on demand use, to open
terms of proof, rebuttal and allegations finals.
Against the judgment of the Administrative Judge shall not be any means of appeal.
The employee prosecuted for premeditated crime for which provision is made for
deprivation of liberty of not less than prescribed by law to one year, or that would result in the
' temporary disqualification from holding public office, is suspended from duty with immediate effect
and for the duration of the trial.
The interim suspension is initiated by the Chief of Staff that
gives written notice to the person and to the Disciplinary Commission. The measure must also be communicated to the
Great and General Council in its more 'next eduta.
An employee suspended in accordance with this Article, the economic treatment applies expected
suspension of the service.
If the criminal case ends with the assoluzine or statement not to be held in
proceeding, the employee is suspended readmitted to service and reinstated in all his rights therein
including enjoyment of Fees Uncollected. However, in the case of acquittal with
formula doubtful, acquittals for not to prosecute for amnesty, prescription,
remission lawsuit, where in the course of the criminal proceedings have come to light facts that make it unwise
the permanence of no employee in the office then occupied, the
disciplinary Committee at the proposal of the Personnel Head may decide, even without the consent of the employee concerned
, the transfer of these in other field of public administration.
request and transmission of documents
For the purposes of this Act the judicial authority is required to forward to the Head
Personnel any measure concerning the public servant and carrier borne by the
same formal complaint of a criminal offense not colpos, for which provision is made in the abstract a penalty
restrictive of personal freedom in the upper most one year or temporary disqualification from holding public office
It will likewise be sent a copy of the final order of judgment.
For the same purposes, the Chief of Staff has the right to request the Judicial Authority
integral copy of any final judicial decision.
The application of the rules contained in this l ading which refer to criminal convictions
, takes place on the basis of the decisions passed by the judicial authorities, ex officio or at the request of the Chief of Staff
, without it being possible to take account of any referral causes,
suspension or termination of the sentence nor qualsivog ia benefit about the indication in the record of the conviction
TITLE VII TERMINATION OF EMPLOYMENT
Cause of termination
The termination of the employment relationship takes place for one of the following causes:
a) negative outcome of the trial period;
C) forfeiture by the use;
D) exemption from service for medical reasons;
E) placement in office rest or question.
Art. 79 Resignation
The employee may at any time resign from office.
The resignation must be submitted in writing to the Chief of Staff.
The employee resigning should continue the exercise of official duties until the
are communicated to the acceptance of the resignation saves express authority given by the Chief of Staff
to leave the service.
The acceptance may be delayed by reason of service for a minimum period of one month and a maximum
six months from the date the order now, or, when it is under way
initiate disciplinary proceedings against the dependent, until conclusion of the proceedings.
In case of dispute, the employee may appeal to the Advisory Commission that decides
Forfeiture The employee incurs the loss from the use in the following cases:
a) when you accept a mission or a job from a foreign government without permission
B) when it is absent without justification by the Office for more than 15 days and not
endorses or summarizing service within the period allotted perentoio with appointment letter or letter of formal notice
The warning must be notified by registered letter, and contain on pain expressed that,
in the event of failure or lack of justification of the material impossibility to show up, the employee is dismissed
c) when she refuses to present the oath in art. 20; d) where it is established that the use
was achieved by the production of documents or vitiated by invalidity fals not curable.
The decline from the use involves the loss of a third of the service ends liquidation.
Expired Time off the maximum period for the expectation of Articles 42 and 44 of this legg,
the employee that is physically unfit to resume regular service, is exempt if that is
can place it aside pursuant to art. 82 or use, on demand and according to the procedure under Article
. 25, for other tasks related to his or other qualification.
To occur physical disability is necessary, an opinion in writing from the Medical Commission
Collegiate stating that the employee is no longer 'unable for health reasons to absolve in
complete form and continuously or functions tasks of the qualification.
An employee proposed for dismissal from service is assigned a period of 20 days to submit
where believe their comments. The pantry is initiated by the Chief of Staff
prior assent of the Consultative Commission before lla which the employee may also
appear in person to be heard.
An employee released from his duties for health reasons is granted a salary semiannual
in addition to the liquidation subject to the right to retirement benefits payable in accordance with local laws
The Placing resting retirement ordinarily happens at the age of 60 years of age.
The employees who have reached 35 years of service, but have not completed the 60th year of age, may request
retirement, or to continue the service until the age of 60 years
of age. Counting on the payment of a pension is made on
Pay received at the time of their retirement, in relation to many of the trentacinquesimi
basic salary plus seniority accrued to that date for how many years of service
Public employees have retired from the Congress government which delegates also
Chief of Staff to proceed with the temporary replacement, on request or when they become incapacitated
injury or in service or ongoing or contracted occupational diseases in service or
due to the same whatever the duration of the service.
The employees are also retired on request or when they become incapacitated
after 7 years of useful service pension and are entitled to a minimum pension unless the treatment
more favorable. These terms also apply with regard to the right to indirect pension or survivor
Art. Exodus 83
Voluntary Employees who, having reached 20 years of service, they resign, are entitled to the immediate liquidation
and the attainment of the retirement age at 60 years of age on the basis of so many | || 35th month salary for how many years of service rendered and calculated in reference to the last basic salary
paid, plus shots but urate.
The exodus right can be availed not before one year from the date of the request.
Art. 84 years of service fee
E 'given the opportunity to the employee, at the time of colloamento at rest and if he has not been able to mature
a full pension or other retirement in San Mari oo abroad, to redeem up
to a maximum of 5 years relevant to the achievement of the pension, subject to the payment of contributions by
law based on the last salary received.
Retirement benefits In the event of termination of the employment relationship is up to the employee retirement pension
established by the law in force.
The remuneration of employees who retire can not under any circumstances be less than the minimum pension
required by current laws on social security.
The remuneration of employees who retired on grounds provided for in the third paragraph of Article
. 82 is equal to the basic salary and any periodic increases enjoyed when
Compensation for loss of service
The employees, in case of placement in retirement are entitled to end of service allowance equal to many
last month's basic salary and related periodic umenti how many years | || served.
If the employee has not acquired the right to retirement is entitled to a severance pay equal to many
last month's basic salary with periodic increases in accrued and
13 ° relative monthly payments, and any allowances liquidated as there are years of employment actually
Early Settlement The employee workforce that has matured a length of service of at least 10 years is entitled to request the Public Administration
an early settlement on the end of service indemnities
up to 7 of the competition / of 10 years of service on application.
This right can be exercised only once during the entire career.
The years paid in advance will not be counted against the effects of winding-up order service
The exercise of trade union rights in the workplace trade union rights may be exercised by the following effects:
a) presence of representatives of trade unions within all the committees that deal with
problems relating to the public service;
B) the right of trade union assembly and posting and dissemination of trade union material in the workplace;
C) the right of posting of workers for trade union reasons and paid union leave;
D) recognition of the protection and defense function of the employee by organisms
union laid down in Annex H;
E) protection of members of the trade union bodies provided for in Annex H
exercise of their duties;
F) the power of the employee to the Public Administration for the withholding of union membership
shares and its payment to the respective unions.
The regulation of the exercise of these rights is left to specific agreements to be concluded between the
labor unions and government agencies.
Nullity of agreements or discriminatory acts
E 'Any agreement or act tending to:
a) make the employment of an employee to the condition that adhere or not adhere to a
Trade union association or ceases to belong to it;
B) dismiss an employee or otherwise cause him prejudice because of his trade union membership or activities
or his participation in a strike.
The provisions referred to in subparagraphs a) and b) above shall also apply to agreements or direct acts af ni
of political or religious discrimination.
The dismissal occurred for one of the above causes, or of a member of the trade union organizations
in Annex H or the Consultative Commission, in the exercise of their functions is
declared invalid and involves' obligation for government to reinstate the employee
in the workplace.
If the public administration does not comply with the above provisions will be kept for
each day of delay in payment, in favor of the pension fund adjustment, a sum equal to the amount of remuneration payable to
employee, subject to the payment to the latter
than due him by virtue 'of the employment relationship until the reinstatement date. TITLE VIII COMMITTEES
Disciplinary Board The Disciplinary Commission employee is appointed by the Great and General Council and is as follows
a) a Judge designated by the Law Commissioner who presides;
B) two non-state employees, a majority and a minority, appointed by the Great and General Council
C) a representative of the staff for each trade union organization;
D) a representative of the Public Administration designated by the State Congress.
Acts as the Secretary of the Disciplinary Commission functions one of the council members designated
And Objection 'awarded to the employee the right to objection against each member of the
Commission in the cases expressly provided for by the Criminal Procedure Code.
The application for recusal is directed to the Law Commissioner decides without appeal.
Procedure of the Disciplinary Commission
The Chief of Staff in all cases in which the employee is deemed by him carrying a punizio and
transmits the case file to the President of the Disciplinary Commission who, where appropriate, and always
it finds it to proceed directly, request that are promoted more
investigations. Having completed the preliminary phase of the Presid nte Commission fixed the date of the session
all'incolpato giving notice and the other members of the Commission so that they can take
vision of all acts.
The accused has the right to personally present their excuses to the Disciplinary Commission, as well
to exhibit in its justification reports and documents and call witnesses in their defense
Art. 93 Commission decisions
The Disciplinary Commission decides for acquittal for the application of punishments
provided by this Act and establish the degree and extent.
For the validity of the Commission's deliberations requires the presence of two of the components
The resolutions are adopted by an absolute majority of those present; in case of equality of votes
that expressed by the President.
The Commission decisions must be communicated to the Great and General Council during its most
All duly justified measures must ess re-notified to the addressee by the
Art. 94 (*)
Re-opening disciplinary proceedings, disciplinary proceedings may be reopened by the person concerned or at the request of family members or
when facts or new evidence provide reasonable grounds for absence of responsibility or | || lesser culpability of the employee.
The reopening is decided by the President of the Commission, which has new findings and suspends
by that time the effects of the inflicted punishment.
In the case of re-opening the proceedings disciplinary request of the employee or family members, the
punishment can not be compounded.
If the employee subject to an audit opinion is acquitted or deemed liable to a sanction less severe
, the remuneration shall be payable not perceived, if the punishment front
had the effect deprivation and reduction of pay, deduction saves,
in the first case, the maintenance payments paid to family members.
Art. 95 Readmission in dell'incolpato
When the service auditor's opinion terms with a favorable outcome, and the employee is reinstated in service
, he is entitled to recover the position of use and role that would be payable if
not been punished.
ADVISORY BODIES Art. 96
Advisory Commission to ensure the proper and timely pursuit of the institutional purposes of the State, in respect of citizens' rights
, the Great Council and January eral uses of the Advisory Commission
composition and whose powers shall be determined by the following articles.
Functions of the Advisory Commission
The Advisory Commission, in addition to the tasks set out in the rules of this law, has the right
to study and make proposals for updating the facilities and expertise of
services, in relation to the new needs and programming limits.
Composition and functioning of the Advisory Commission
The Advisory Committee is composed as follows:
a) by the Chief of Staff or his delegate that pr sits;
B) the Administrative Secretary General who also serves as the minute-taker;
C) two executive officers appointed by the Congress of State;
D) two representatives of each trade union organization legally recognized, without prejudice
that the number of representatives of such bodies is equivalent to that of
The meetings may be called to report or intervene
other employees or experts appointed by the State Congress.
The opinion of the Consultative Commission on matters p eviste by law is required.
The sessions of the Advisory Committee are valid when attended by two thirds of its components
All opinions of the Consultative Commission are adttati an absolute majority of votes obvious.
The abstention of voting is not allowed. All members are entitled to make a note on the record the reasons for his disagreement
The opinions of the Consultative Commission shall be forwarded to the Chief of Staff who carry out the
Employee representatives in the Commissions
Staff representatives appointed or elected lle n Selection Committees of the competitions, in
Disciplinary Board, the Advisory Commission and the trade union bodies provided for in Annex H
, they are not subject, in the exercise of their mandate, to the duties of the hierarchical subordination
The collegiate Collegiate Medical Commission Medical Commission is composed as follows:
a) Health Officer who presides;
B) Tax Doctor;
C) occupational medicine specialist;
D) of Neurology Specialist.
The Commission has the task of giving its opinion through a written report when required by
this Act and in all other cases in which his work was requested by the Public
Administration or by the employee. Chief of Staff bring to the employee the
decisions of collegial medical commission.
An appeal against the opinion issued by the Commission are open to appeal within 30 days from
communication, before the same is required to ries undermine the case in the presence of the employee's doctor
Specifications The service regulations of the various sectors of public administration
will be subject to negotiation between the Government and the trade unions in harmony with the present
law and must get approval the Great and General Council.
2 Art. 102
Economic treatment of a special statute personnel
The remuneration of outside staff personnel is established in Annex F.
apply towards organic officials outside the rules of the present law regarding salaries
, allowances, periodic increases, family allowances, the payment of end of service, the
trips and vacations.
TITLE X FINAL AND TRANSITIONAL 3
Employee of permanent staff
The grading of permanent staff in Schedule A of this Act shall take place
comparative indication of the previous organic grade.
4 Art. 104
Coverage of vacancies
After framing the permanent staff, the Administration will proceed, within the limits of the places
under this Act within six months of its approval, authorization roles || | organic of non-permanent staff in the following ways:
a) with a special legislative measure staff recruited with particular contract referred
art. 70 of the Law of 22 May 1962 and staff engaged in any other form
prior to December 31, 1970;
B) staff engaged for an indefinite period through public lists no later than the
December 31, 1971 is entered in organic provided he has not stopped working relationship
until the entry into force of this Act.
5 Art. 105
pension scheme All employees who come into organic after the approval of this law to pass
pension arrangements of the Institute for Social Security under Law 37 of June 30, 1964, || | without prejudice to the more favorable treatment under this law.
This condition will also be applied to those who prior to the entry into force of this Act
already enjoyed the ISS
regime E 'right of officials to ask the passage from the pension scheme under Law 8 | || 7 March 1927 that provided by law 37 of 30 June 1964.
In this case, the Public Administration will deposit simultaneously with the passage of the ISS position
the full amount of the contributions that the employee and the Public
Administration should have paid to the ISS under Law 30 June 1964 37
as if the employee himself had always been that the pension scheme. 6
Final rules are without prejudice to the rights and maintained better conditions arising
to employees pursuant to the Organic Law 22 May 1962, as amended.
Employees deprived of by 'tied secured qualification "A" remain in their office,
despite this deficiency, with a personal emoluments attached Annex A.
And the law' repealed 22 in May 1962, as amended, Regulation of the brigade
Body Urbani and any other provision contrary to this law.
The Chief of Staff is authorized to issue a temporary provision relating to the service of
belonging to the Body of VV.UU. pending the approval of the Tender.
A copy of this Act and any subsequent amendments will be free of refurbishing
The Annex "D" will be drawn up by the Advisory Committee and submitted to the
Great and General Council no later than two years from the approval of this law.
Annexes "G - I" will be proposed by the Consultative Commission for approval by the
Great and General Council by 31.03.1973. 7
"I revoked in effect disciplinary measures up to the 3rd degree in art. 68 of this Law
limited to public employees at the time of approval of the same
This Act comes into force on 1 January 1973.
Our Residence, this day of 29 December 1972/1672 Foundation of the Republic THE CAPTAINS REGENT
Rosolino Martelli - Bruno Casali
STATE FOR INTERNAL AFFAIRS AND
. Della Balda
(Alegato A: see tables p. 105).
WARNINGS 1. - All competitions, both public and internal, are based on qualifications and examinations, a written and oral test (d
exception of places where you plan the oral examination or practical test).
2. - In all the examinations are compulsory subjects of History and Order of the Republic,
adequately put in place in the competition.
3.- To "service" means that performed generally in the employ of the Public Administration
Sammarinese except for places where a specific service is displayed.
4. - To "practice test" means the test in place of the specific disciplines put out to tender.
5. - For "a shorthand-typist" degree means that achieved by attending a 2-year course at a
Legally recognized institute.
6. - The study diplomas must be issued by legally recognized institutes.
Text from page. 107 to p. 147 BU 1972 No 6 not set
APPENDIX B - RULES FOR THE ESTATE OF THE PERSONAL FILE OF EMPLOYEES
The employee's personal file, provided by art. 22 of the Organic Law, consists of a part containing
Role and position, given name, pat rnità, maternity, date and place of birth,
citizenship and residence, education and various titles and a second part inherent to the state of
service in which they must be reported in summary form all the measures relating to
appointment, status, career and the income to c treatment as well as the judicial decisions
same acts and disciplinary sanctions .
The personal file as well as documents related to the recorded and measures specified in art.
1 must contain the acts of art. 77 of the Organic Law, the documents relating to disability or sickness contracted
service for causes and actions relating to pensions. It also contains about
The employee's request, the documents relating to qualifications obtained after the
appointment, to enable courses and further education, to scientific activities,
every document relating to technical and professional training and any other act that is of interest
the employee's career.
from the file of the staff must be eliminated, ex officio or upon request, the disciplinary measures
canceled, revoked or reformed, and the related documents are to be removed.
The elimination of acts or documents from the personnel file is executed by act or excerpt
document and inserting in its place the operative part of the act under which it is willing
elimination. The extremes of the Act provides for the elimination must be registered with the service
state. Acts or withdrawn documents are transmitted Archives Office of Personnel
from which they can not be removed except by order of the Chief of Staff, at the request of
The Chief of Staff is responsible for the proper completion of personal files and therefore
must verify that the measures contained in the dossier, ordered the insertion of any missing documents and
deleting those indicated in article . 3, sign them and date below last made into the service mode
The Chief of Staff shall issue to the employee a copy of the documents in his file at the request of the employee himself
ANNEX C - RULES GOVERNING COMPETITIONS
Competitions for the title and provide a written exam and an oral exam.
The Selection Committee of the competition is convened for the day before the one established for
conducting the written test exam in order to prepare the five topics including
will extract what to play. In case of disagreement among the commissioners on the choice of the five topics written
will be given the opportunity to each commissioner to propose a topic, including the President of the Commission
extract the five who will cia cuno placed in a sealed envelope and countersigned
by commissioners. At the opening of the written test exam a candidate will be called to extract the five
an envelope so that the argument contained in it will be assigned to the examinees.
In evaluating the papers each commissaro ttribuirà a score of between 0 points and points
10. Each work will be given in dec I vote resulting from the average of
votes cast by each commissioner not compute the minimum and the maximum.
For the development of the oral exam, the Selection Commission will prepare for each
matter being examined a list of at least thirty topics including the opening of the interview exam
candidate will extract one for each subject. Each Commissioner has the power to ask the candidate
clarifications and insights on the subject being examined. After the oral exam
each Commissioner will assign a score between 0 points and 10 points
The rating assigned to the oral exam will be dallamedia, expressed as a decimal, of the votes given by each Commissioner
not computandosi the minimum and the maximum vote.
The vote exam will be the average in tenths resulting from the vote obtained in the written test
and from that obtained in the oral test. Mini vote or requested to be admitted to
valuation of securities and 6/10; This is obtained by averaging between the written and the oral vote. Each
candidate the Selection Commission will assign an overall rating, and indicate in the minutes the
analytical elements, resulting from the sum of the total vote and examination of the points allocated
according to the following table.
OF ASSESSMENT TABLE OF SECURITIES
1) The maximum score is 4 points.
2) qualification according to which the candidate is admitted to the competition shall be given a
score proportional to the mean by which the qualification was awarded up to a maximum of 3 points
3) other cultural titles of grade higher than that required for admission to the competition, points are attributed
0.25 per title up to the maximum of 1.
4) for eligibility achieved in previous contests closely related to that where the candidate participates
, points are awarded each up to 0.10 m ssimo of 0.20.
5) For publications, artistic productions, patents relevant to a post which was,
an index score of 0.25 to a maximum of 1 point calculated as in the written test
B) of the Securities Service.
1) The maximum score is 4 points.
2) For each year (or period considered as such) in role or assignment service, carried out in the same
of organic position or in the form closely akin to that post to contest are awarded points up to 2
a maximum of 4 points
3) For each period of service as above eg less than one year but more than
three months, points are awarded up to a maximum of 0.50 points 2. | || 4) For each year of service in part or in assignment done in the organic position different from that
mail to competition are awarded points up to 0.25 m ssimo 1.
c) Special valuations.
1) The maximum score is awarded 2 points.
2) For the status of head of the family with the person ac rico for which he proves to have title to the payment of family allowances are attributed
p nti 1.50.
3) For each dependent for whom it proves to have title to the payment of family allowances
an index score of 0.25 points.
4) For the state disability documented by a medical certificate issued by a legally recognized association
Invalids or the Commission on Collegiate Medical ISS it is attributed 1
5) For the widow's condition does not remarried or unmarried dependent children is 1 point.
ANNEX E - CALENDAR OF OFFICES AND HOURS
Earlier this year the Secretary of State for Internal Affairs publishes the calendar
Office agreed with the trade unions which shall be specified
working days and public holidays, time entrance and morning or afternoon out and any other news
about the schedule.
The normal daily working hours may not exceed 7 1/4 hours and divided in two parts, morning and afternoon
, with the exception of employees for which there is a different time from the Chapter Special
The normal working week may not exceed 48 hours for the wait staff, surveillance and
custody, 40 hours for auxiliary and permanent workers who are not covered in the previous category, the municipal police and
health care, 36 hours for employees, 30 hours for teachers of
Kindergarten and pharmacists, 24 hours for elementary teachers and 18 hours for teachers of
Middle School Lower and Upper.
Normally Offices are open to the public throughout the working time; the State Congress, the circumstances according
examined with the unions, it can limit the working hours of the offices Public
must remain open to the public. In such c so it can be changes made daily timetable
TABLE OUT OF ORGANIC Base Compensatory supplement FOREIGN SECRETARY
INTERIOR SECRETARY SECRETARY FINANCE COMMISSIONER OF LAW
ADDED COMMISSIONER OF ATTORNEY FISCO || | 400,000 400,000
400,000 350,000 300,000
200,000 200,000 200,000
200,000 200,000 90,000
MILITARY BAND TEACHER TEACHER TEACHER oF RELIGION LAW
DEPUTIES (state employees)
DEPUTIES (not employees of the State
18mi on the basis of the remuneration of
High School Teachers 120,000
ANNEX H - REGULATIONS GOVERNING THE UNION RIGHTS LAID DOWN BY LAW ORGANIC
And Trade Unions' given the opportunity to re onosciuta each trade union organization to set up trade union representatives
at all offices, or areas of detached offices, to the maximum extent of a
representative for 15 employees.
If the number of employees employed in the office is less than 15 union representation
can be equally formed.
The names of the representatives will be promptly communicated to the Chief of Staff to
part of the trade unions.
Tasks of union representatives
The duties of union representatives are as follows:
a) make representations to the Chief of Staff, the head office, or otherwise superior,
every time a provision could be a limit of the rights, freedom and dignity of the individual staff
or more 'employees as the lack of enforcement of the organic law or
other law, the agreements in place, special regulations pertaining to the service and the like, urging
in the first instance the acceptance of the dispute, without prejudice to any subsequent attempt at conciliation
due to the trade union;
B) protect the rights of the staff in order to comply with regulatory standards on hygiene
and safety at work;
C) learn about and discuss, prior to their implementation, the holiday program, the
allocation of working time in the different days of the week, any admonitions whatever
regard to office functions, participate in the development of potential new regulations;
D) intervene with its own proposals in the process aimed at improving working methods and the
best performance of the services;
E) encourage all initiatives geared towards improving p ofessionalmente staff at favoring a
correct behavior towards the public and to protect the honor and dignity.
No agreement or conciliation
The union representatives lose out to higher trade union bodies all those disputes
who have not been successful.
union Permissions paid
Trade union representatives have the right to espltamento of their duties
paid leave at the rate of 8 hours per month. The request of the perm ss paid must be received, signed
trade union organization that owns the data subject, the Head of Personnel at least 24 hours in advance
from the start date of the permit.
The hours of leave can be accumulated in the calendar year.
They are also entitled to paid time to the extent and in the manner provided for
union representatives, members of the executive of the trade union confederations or components
of management category. Also of these components will be communicated to the Chief of Staff
both of that appointment that its revocation.
During the absence of work for the trade union leave, the employee accrues any right to treat economic
, insurance and pensions and all other rights as if he were in actual service
Trade Union Assemblies Employees have the right to assemble in the office in which they participate, outside d
work, as well as during working hours within the limits of 10 hours per year, and which it will be paid the normal wage
The meetings, which may relate to all employees or groups of them, shall be called,
individually or jointly by the representatives will-union, with agenda on
interest in trade union and labor matters.
The meetings may be attended by external managers of the union that formed the
trade union representation in art.
1. Communication with the index which the Assembly dur ng the work schedule must be sent to
Chief of Staff, and for information to the Head Office at least 48 hours prior to the date set
. Such notice shall be given by the trade union representatives in the case of
Office Assemblies or service by trade union confederations in the case of General Meetings.
Employees who do not intend to participate in the general meeting can not leave their jobs.
Bill Posting and dissemination of trade union press
The trade unions are allowed to spread through their prints
representatives and union communications in the workplace. The Public Administration will provide
unions special professional lists for the posting of union communications.
Disconnections for trade union reasons
recognized Trade Union Organizations have the right to obtain the secondment of an employee
Public Administration to exercise functional union.
The detachment may be asked for one or more 'employees during the year as long as the periods accumulated
do not exceed twelve months to be split between the unions recognized
with special agreement.
During weaning the employee matures full pay as if lend the activities at the
Public Administration, excluding reimbursement of expenses. Also mature each other right
linked to the employment relationship as if he had lent ervice.
The posting must be requested by the Organization You Auditors with at least 15 days notice and
will be of interest to the employee busy to do any gr workforce.
Presence of Trade Unions representatives in the Commissions
In all public commissions involved in the assessment and treatment of problems that concern the
civil service, the Administration will ask for the designation of organizations || | union of proprii representatives who have in these committees vote.
Deduction of dues to the union
Employees can authorize it delegated the administration to withhold from paychecks quotas
, the administration will pay to target unions
of the delegation.
Our Residence, this day of 29 December 1972/6 Foundation of the Republic THE CAPTAINS REGENT
Rosolino Martelli - Bruno Casali
THE SECRETARY OF STATE FOR INTERNAL AFFAIRS AND
. Della Balda
(*) This was verified on the text of the report of the Law 22 December 1972 n. 41, filed
the Executive Secretary of the State Congress the ar. 94-2 second paragraph - should read "The reopening is
decided by the President of the Commission that has new findings and suspends from that
when the effects of the fine or punishment." instead of "The reopening is decided by the President of fully equipped
would have been entitled had he not been punished. susp nde minds and from that moment the effects of