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family trips in February

A febbraio 2009 le buste paga dei lavoratori e le pensioni di 8 milioni di famiglie saranno più pesanti. Anche se con effetto una tantum. Il piano anti-crisi varato per decreto dal Consiglio dei ministri, fissa all'inizio del prossimo anno il decollo del bonus (a gennaio le domande), che oscillerà tra i 200 e i 1.000 euro anche sulla base dei figli e degli anziani presenti nel nucleo e che potrà scattare (sotto forma di detrazione) fino a un reddito di 22mila euro. Un tetto che sale a 35mila € for families with handicapped members. Also from 2009 the system will intervene to mitigate tariffe.Ma among the nearly 40 items that make up the winding Decree other support measures for enterprises dall'alleggerimento IRAP to the strengthening all ' extension of the social (including the term employment contract), the ceiling of 4% on mortgage payment for the first variable home loan for the "baby" until the new rules on the findings. In reviewing the OPA plan come together, the "Tremonti bond" crops up again and the "porno-tax", which is also extended to TV shows red light (additional personal income tax of 25% on who produces and sells pornographic material). Are confirmed VAT for cash payments and acceleration of public administration. Also confirmed the cut by three points of IRES and IRAP to expire on 1 December. That is one of the few interventions that will snap before the end of 2008. No coincidence that the Minister Giulio Tremonti notes that the program effects will be felt for two or three anni.Un plan that the Council of Ministers approved in ten minutes. But the green light comes at the end of a gestation period of 20 days, with a variety of pressures on the economy minister, such as that pursued (successfully) by the Minister Ignazio La Russa to extend the tax exemption of the salary of productivity (the threshold rises to € 35 thousand) to the staff of the public areas of Defence, of firefighters and security. A pregnancy is not completely down, in fact. That has contributed to an increase, albeit not by much, the value of the package of direct support to households and businesses at an altitude of 5 to 6 billion (some estimates of the technicians), 1-2 billion more than 4 billion of which he spoke in recent days. Tremonti does not provide detail on the figures merely stated that the plan of 80 billion between the government mobilizes resources unlocked, use of EU funds, and direct support cost reductions and tariffe.Il heart of the package is represented by the interventions of care, which will be added to the social card already provided by the operation summer, whose effect, in this case, is December 2008. Among family bonus (2.4 billion) and the strengthening of the shock absorbers (more 426 million to add 600 million of the budget, plus another 200 million of resources, "European"), you get to share 3 miliardi.Quello for families is the chapter most rich of the decree. In addition to bonuses, there's a limit of 4% for variable rate mortgage to buy their first home (the excess of it will be borne by the State with a guarantee fund) and the freezing or reduction of tariffs related to the usual supplies (water included) with interventions also on the railway and highways. The package is also part of the loan at subsidized rate particularly for families with newborns (the cosiddetto prestito-bebè).Sul versante lavoro, in aggiunta all'irrobustimento della dote per gli ammortizzatori arriva un assegno di disoccupazione ad hoc per i «co.co.co.», in forma una tantum. Accantonata la proroga della detassazione degli straordinari, sale a 35mila euro la soglia per la proroga della detassazione del salario e dei premi di produttività.Tra le novità dell'ultima ora, i fondi per la sicurezza delle scuole, quelli per l'edilizia carceraria, la stretta del fisco sui circoli e società sportive dilettantistiche e gli incentivi per favorire il rientro in Italia dei "cervelli", ovvero dei ricercatori residenti all'estero, (imponibilità fiscale limitata al 10%).Quanto alle imprese, scattano l'Iva di cassa e la deduzione del 10% dell'Irap ai fini Ires per la componente relativa al costo del lavoro. Prevista poi l'abolizione del tetto del 15% relativo alla presenza delle aziende nelle banche. Il decreto, che dà anche il via allo sblocco dei rimborsi Iva ultradecennali per un valore di oltre 6 miliardi, contiene pure un capitolo anti-evasione. Con l'incremento dei controlli del Fisco sulle grandi imprese (società con giro d'affari superiore ai 300 milioni di euro annui). Vengono inoltre introdotte mini-sanzioni per chi aderisce agli inviti del Fisco. Scatterà anche una revisione degli studi di settore. Infine, in aggiunta agli interventi per velocizzare la realizzaizione delle infrastrtture, il decreto introduce la detassazione in favore dei soggetti che will be in charge of the production of micro-projects, urban design (redesign of squares and gardens). Source: www.ilsole24ore.it

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The work can be sporadic Supreme

employees employed "on call" and withholding tax may be eligible for contributions. (Supreme 31388/2008)

Provide the employer's energies work and comply with the provisions of the above may mean the inclusion in the business organization, so as to form a contract of employment and non-self. This was established by the Labour Section of the Supreme Court confirmed a ruling by the Court of Appeal of Genoa, which had recognized the conditional nature of the employment relationship of four workers employed from time to time in a transport. The judges had found that the performance of employees had been piecemeal and without constraint remain available to the employer between one another, with the option to refuse, when called, the benefit (called "on-call work) . The workers, however, used to unload trucks and to help the warehouse, the warehouse were to appear in the days of the service charge established by the hour, with the obligation to comply with the provisions and the possibility of using company vehicles to make work, while, on the compensation paid, the withholding tax was applied. The Supreme Court and share the findings of the lower courts, said that every human activity can be both economically important of the employment relationship is a relationship of self-employment, depending on the mode of its operation, and that the typical element which marks the first of these types of relationships is the subordination, understood as "availability of the provider against the employer subject to guidelines issued this about how to perform their working lives, while other elements, such as' observance of a time, the absence of economic risk, the form of remuneration and the same collaboration can have, instead, indicative but not decisive. " In essence, the odd job in itself does not exclude the existence of a relationship of subordination.

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subject: yes to the mother's surname to their children

The judges of Piazza Cavour: "Time is ripe. Comply with the Treaty of Lisbon."
stoats ask the first President of the Supreme Court can be applied directly on the rule respecting the choice of parents .

(Adnkronos) - There are now time to give to legitimate children the surname of the mother. It reaffirms the Supreme Court in a ruling of the First Civil Chamber (No. 23934) with which even asks the first president Supreme Court could in some way fill the regulatory gap and empower the courts to ensure that, if the parents want their children to have the mother's surname instead of his father's. Otherwise, write the supreme courts, "whether that is deemed excessive by the limits of interpretation of this issue can be referred back to the Constitutional Court." In fact, the judges point out in Piazza Cavour, the time is ripe to give his children the surname of the mother also requires "the new situation of constitutional law" and "probable change in EU rules." To induce the Supreme Court to intervene again on the last name to be given to children, If a pair of Milan, Alessandra C. and Louis F., for two sets of proceedings had been denied the opportunity to put her younger son Guido, who was born in June 2003, the mother's surname. In particular, the Court of Appeal of Milan in February 2007, forcing the father's surname had taken the regulatory gap by emphasizing the "continuing validity to the customary rule which requires a legitimate child the father's surname." Against the double no pair of judges in Milan had recourse to the Supreme Court. And now the Supreme Court, upholding the claim of the parents, urges the first president to be able to decide directly. Moreover, note the judges of the first civil division, to suggest that siano maturi i tempi per dare ai figli il cognome della madre vi sono numerose pronunce. Non solo della Corte costituzionale che, nel 2006, aveva stabilito che "il sistema di attribuzioni del cognome non è più coerente con i principi dell'ordinamento e con il valore costituzionale dell'uguaglianza tra uomo e donna". Sulla stessa lunghezza d'onda vi è pure una decisione adottata nel dicembre 2007 dai capi di Stato e di governo dei 27 capi della Ue e vi è pure la ratifica del Trattato di Lisbona dello scorso 2 agosto. Da ultimo, concludono gli ermellini, vi sono pure delle pronunce della stessa Corte di cassazione che per ben due volte ha "implicitamente sollecitato un intervento del legislatore che, pur avendo affrontato il tema da ormai quasi un trentennio has not yet come to concrete solutions. "

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Cassation: assessment tax. It 'legitimate control of the taxpayer's bank account even without prior questioning.

E 'legitimate inductive determination on the taxpayer's bank accounts even if it has not been previously requested. It' as decided by the Tax Section of the Court of Cassation (path n . 2026872008). In particular, the ermine, the ruling stated that "the activities of financial administration, having an administrative nature, is guided by the principle of contradiction, so that Article. 51, second paragraph, no 2 of the said Presidential Decree, in providing for the convening of the party exercising the company with an invitation to provide the same data, news and clarification of the operations recorded in the bank accounts, the Administration gives a discretionary and not mandatory, with the further consequence that the failure to exercise the option, no changes to the statutory presumption rebuttable presumption that the activity report on the banking transactions by the taxpayer, that are subject therefore the burden of proof to the contrary by way of litigation, pursuant to art. 32 of Legislative Decree no. December 31, 1992, No 546 "and that" in terms of assessment of taxes on income, is a legitimate use by the financial authorities of the movements of bank accounts in readiness for the taxpayer, even without first consulting the person concerned on the subject of banking verification and verbalization the related statements, there being no rule stipulates the obligation of the Office of the prior meeting of the taxpayer. "

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Enel: Consumers promote class action for victims of electrosmog

Based on a recent ruling by the Supreme Court Enel is liable for damage to health caused by a power line to Two farmers in Rimini. The damage would be caused by electromagnetic waves generated by pylons which crossed their land. The two farmers had started to suffer from migraines and had then asked for damages.''A resounding ruling, "said Codacons in a note "that opens the way for compensation millionaires." It 's the first time that "the Court of Cassation ruling condemning the harmfulness' of electromagnetic waves in relation to conditions such as headaches, referred to as minor and temporary.'' A major victory - says the president of Codacons - that "preserving, protecting and recognizes the most 'important rights, the right to health. After the ruling of the Supreme Court has recognized that the type of offense for the electromagnetic waves produced by Radio Vatican, this new sentence of the Supreme Court opened the doors' to anyone who has been a victim to claim compensation.''

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Fined for pubs spread outdoor music

To ensure the crime is sufficient on-site police or carabinieri
( Supreme 25716/2008)

They risk fined the operators of night clubs that put the plants outside the local spread of the music during the night. This was established by the First Criminal Chamber of the Supreme Court confirmed a ruling of the Court of Agrigento which had sentenced the manager of a pub in the Sicilian town of 300 euro fine for the crime of disturbing the peace for distributing music at high volume to 'outside the enclosure. The police had more than one occasion on the presence of a musician who played the electric piano and outside the space that, again outside, were placed speakers the size of one meter and forty centimeters, which spread the music to one hundred metri di distanza. Il gestore si era difeso in Cassazione sostenendo che mancavano sia la misurazione dell’intensità del rumore che la specifica denuncia dei cittadini disturbati. La Suprema Corte, dichiarando inammissibile il ricorso dell’imputato, ha affermato che il reato contestato non richiede alcun superamento di soglie predeterminate purché la condotta sia idonea ad arrecare disturbo ad una serie indeterminata di persone, ed è del tutto irrilevante che una serie indeterminata di persone si sia lamentata effettivamente, basta però che la condotta sia in sé idonea ad arrecare disturbo; infatti, “utilizzare un pub per trasmettere musica, anche dal vivo, con impianti di diffusione ad alto volume in piena notte collocati all'esterno the room, is certainly capable of disturbing conduct an unlimited number of people, for placement in the town. " To prove the offense and impose a fine is sufficient then the question of the judicial police, or carabinieri police, occurred on the site, proving the presence of broadcasting systems from outside the room.

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lawful for "Rasta" smoking marijuana

The consumption of "sacred herb" on religious grounds is indicative of a strictly personal
(Supreme 28720/2008)

The followers of the Rastafarian religion can smoke marijuana in excess of the threshold allowed by law. This was established by the Sixth Criminal Chamber of the Supreme Court reversing a court ruling of the Court of Appeals of Perugia that he had confirmed the first instance in order confirming the guilt of the accused to the crime of illegal detention with a view to dealing in marijuana, Considering that, regardless of the so-called Rastafarian religion which the accused pleaded adept, and as such usually consumption of the drugs was not demonstrated possession of drugs for personal use only, given the amount of the substance in his possession. The man had been caught sleeping in his car and had voluntarily handed over a bag of marijuana to the agents immediately specify che il possesso di tale erba, prelevata da dietro il sedile della vettura, era da lui destinato ad esclusivo uso personale, secondo la pratica suggerita dalla religione rastafariana di cui si era detto adepto. La Suprema Corte, rinviando la questione alla Corte di Appello di Firenze per un nuovo esame della questione, ha sottolineato che, secondo le notizie relative alle caratteristiche comportamentali degli adepti di tale religione di origine ebraica, la marijuana non è utilizzata solo come erba medicinale,ma anche come “erba meditativa”, come tale “possibile apportatrice dello stato psicofisico inteso alla contemplazione nella preghiera, nel ricordo e nella credenza che “la erba sacra” sia cresciuta sulla tomba di re Salomone,chiamato King essay and it should draw strength, as is clear from reports of tests that indicate the features of that religion. "

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Postal savings books dormant extinct 26 August 2008 The Standard

The Securities may apply to the Post Office or, if abroad, consulates or local charitable
(Note the Italian Post Office - Presidential Decree 116/2007 and Law 266/2005)

holders of postal savings books not sleeping handled for ten years with the balance in excess of 100 € must notify us within 26 August 2008 its provisions (to continue the relationship or break it) otherwise the Post Office will proceed to the extinction of the account and the money will be devolved (as required by law 266 of 2005) for 80% of the special fund for victims of financial and crack il restante 20% alla regolarizzazione dei precari della pubblica amministrazione. Perché il termine del 26 agosto? Perché il 28 febbraio è stato pubblicato sulla Gazzetta Ufficiale l'avviso al pubblico per l'applicazione della norma sui depositi dormienti ai libretti di risparmio. Di conseguenza, il termine dei 180 giorni utili al titolare del rapporto per impartire disposizioni o ritirare i soldi scade, circa sei mesi dopo - come prescrive il dpr 116 del 2007 - il 26 agosto. Il libretto è diffuso sopratutto tra gli anziani e gli emigrati all'estero. Questi ultimi, invece di rivolgersi agli uffici postali (come potranno fare tutti i residenti in Italia) è stato infatti predisposto e diramato alle sedi consolari un apposito modulo di dichiarazione to fill in and submit, along with a photocopy of an identity document and tax code, directly at the Italian Post Office SpA, Business Unit BancoPosta, Operations Services - Savings, Via di Tor Pagnotta 2, 00143, Rome, or by the Consulate General or local offices of charitable, by August 25, 2008.

******************

Italian Post Office - Deposits "sleepers" - Presidential Decree No 22 June 2007 116 - Regulation of the art. 1, c. 345 of the Law of 23 December 2005 266 on dormant deposits.

The Regulation on dormant deposit (Decree of the President the Republic of 22 June 2007 No 116, Official Gazette No 178, August 2, 2007), which entered into force on 17 August 2007, provides:

are considered "sleepers" deposits of money, deposits of securities custody and administration and insurance contracts Article. 2, c. 1, 7 September 2005 of Legislative Decree No 209 (life insurance), and in all cases where the insurer agrees to pay a pension or a lump sum to the beneficiary at a fixed date, with balance greater than 100 €, in relation to which there has been no operation or handling the initiative of the holder of the report or any third party to whom he delegates for the time period of 10 years from the date of the free availability of funds or financial instruments;

course this deadline the deposit dormant must be settled under Article. 3 of Presidential Decree 116/2007, unless, within 180 days of notification from the intermediary, the holder does not carry out a transaction or handling (such as the communication also includes the Bank expressed its intention to continue in the relationship) . The deposits are then transferred to a public fund (the fund in art. 1, paragraph 343 of Law No. 266/2005).

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anti-approved temporary

Al posto del reintegro un indennizzo.
(Articolo 21 Ddl Senato 949).

Al posto del reintegro un indennizzo tra 2,5 e 6 volte l'ultima retribuzione, questo il senso dell'emendamento sotto accusa alla manovra economica passato alla Camera. L'emendamento, proposto dai deputati Massimo Corsaro e Marco Marsilio (Pdl-An), sta spaccando anche il Governo. Modificare la norma che, secondo i presentatori, salverebbe il bilancio delle Poste da 25mila ricorsi di precari, significherebbe una terza lettura del provvedimento alla Camera. La norma originale ormai nota come "anti-precari" era anche peggio: è stata perfino temperata dall'intervento del ministro del Welfare Maurizio Sacconi: il comma 1-quater prevede che provisions "shall apply only to proceedings in progress at the date of entry into force of the law of conversion of this decree."

*******

The House added the paragraphs in Article 1 bis-1-c Ddl 949 Senate - into law, with amendments, Decree-Law of 25 June 2008, n. 112, entitled "Urgent provisions for economic development, simplification, competitiveness, the stabilization of public finance and tax equalization
(...)

The added text is in italics

Article 21.

(Changes to the rules of contract of fixed-term employment).
1. Article 1, paragraph 1, of Legislative Decree 6 September 2001, No 368, after the words "technical, production, organization or replacement" shall be inserted the following: ", even if attributable to the ordinary business of the employer."

1-bis. Article 1, paragraph 1, of Legislative Decree 6 September 2001, No 368 is interpreted as meaning that the reasons for technical, production, organization or replacement shall be determined by objective conditions such as reaching a specific date, completing a specific task or the occurrence of a specific event. 1-c. After Article 4 of Legislative Decree 6 September 2001, No. 368 shall be added the following items:

'Art 4-bis. - (Compensation for violation of the rules for affixing and an extension of time). - 1. In case of violation of the provisions of Articles 1, 2 and 4, the employer is required to compensate the employee with a bonus amount ranges from a minimum of 2.5 and a maximum of six months' last total remuneration in fact taken into account the criteria set out in Article 8 of Law July 15, 1966, No 604, as amended. "

1-c. Subject to prejudice the judgments become final, the provisions recate dall’articolo 4-bis del decreto legislativo 6 settembre 2001, n. 368, introdotto dal comma 1-ter del presente articolo, si applicano solo ai giudizi in corso alla data di entrata in vigore della legge di conversione del presente decreto.

2. All’articolo 5, comma 4-bis, del decreto legislativo 6 settembre 2001, n. 368, come modificato dall’articolo 1, comma 40, della legge 24 dicembre 2007, n. 247, dopo le parole «ferma restando la disciplina della successione di contratti di cui ai commi precedenti» sono inserite le seguenti:
«e fatte salve diverse disposizioni di contratti collettivi stipulati a livello nazionale, territoriale o aziendale con le organizzazioni sindacali comparativamente as representative at national level. "

3. Article 5, paragraph 4-quater of Legislative Decree 6 September 2001, No 368, as amended by Article 1, paragraph 40 of the Law of 24 December 2007, n. 247, after the words "shall have the right of way" shall be inserted the following: ", subject to various provisions of collective agreements concluded at national, local or company with comparatively more representative trade unions at national level."

3-bis. The provisions given in Article 5, paragraphs 2, 3, 4 and 4 bis of Legislative Decree 6 September 2001, No 368, as amended, shall be interpreted as meaning that the conversion a tempo indeterminato del rapporto ivi prevista si applica esclusivamente alle fattispecie regolate dalle medesime disposizioni, trovando applicazione nei casi di violazione degli articoli 1, 2 e 4, del medesimo decreto legislativo 6 settembre 2001, n. 368, e successive modificazioni, l’articolo 1419, primo comma, del codice civile.

4. Decorsi 24 mesi dalla data di entrata in vigore del presente decreto, il Ministro del lavoro, della salute e delle politiche sociali procede ad una verifica, con le organizzazioni sindacali dei datori e dei prestatori di lavoro comparativamente più rappresentative sul piano nazionale, degli effetti delle disposizioni contenute nei commi che precedono e ne riferisce al Parlamento entro tre mesi ai fini della further evaluation of its validity.

(...)

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Cassation: harassment in the workplace are ill

bullying in the workplace can cost the boss convicted of abuse in the family. This was established by the Supreme Court Judgement No 27469 of July 7, 2008 in connection with a case of harassment and sexual violence. The ruling stated that "Article 572 of the Criminal Code in force, compared to the rules of the Code of 1989, broadened the category of persons who may be abused, adding the prediction rules of any person under its authority 'Agent, which is responsible for the same reasons of education, education, etc.. There is a relationship of authority whenever a person depends on another through a special bond of subjection (hospitalization, imprisonment, indemnities, etc.) ".. For the Court, therefore," the intersubjective relationship that develops between the employer and employee (... ) puts it in the state, specifically required by criminal law provisions just referred to "person under his authority," which, the conditions on other elements required by law, allows you to configure borne by the employer in the crime of abuse damage the employee. "" The present case - he wrote the Court - unlike the ill-treatment at home does not require the co-existence but the mere existence of an ongoing relationship. In short, the harassment, which can also be Costituto from harassment or sexual abuse in the workplace, in addition to the so-called phenomenon of bullying, compensable in civil, in severe cases, can also configure the crime of abuse. " Source: www.helpconsumatori.it

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Cassation: harassment and threats to employees? Employer may be removed from the city

now on the employer to submit to harassment and threats to their employees threatened with expulsion from the city in which his company. Word of Cassation. I Judges Palazzaccio fact confirmed the prohibition of coercive measures against two of stay employers who underpaid their employees, threatening them with dismissal if they decided to report the facts. According to the Court (28682/2008 Judgement of the Second Criminal Chamber) such conduct constitutes the crime of aggravated extortion and continuous and therefore the removal from the city 'and' a measure of "adequate, since the only appropriate to sever the bond of suspects with the working environment. " The two magnets were discovered through the interception from which it emerged that the suspects had the customary "to pay employees with checks, but then to recover the difference in order to make more 'difficult the acquisition of documents relating to the unlawful conduct ". This behavior and 'went on for a long time since I depend threat had preferred to submit to the view la difficoltà a trovare altre opportunita' di lavoro. Alla fine vi è stata una denuncia collettiva che ha portato alla misura coercitiva del divieto di dimora. Inutile il ricorso in Cassazione. Piazza Cavour ha ribadito la legittimità del provvedimento ricordando che "nel caso in cui il datore di lavoro realizzi una serie di comportamenti estorsivi nei confronti di proprie lavoratrici dipendenti, costringendole ad accettare trattamenti retributivi deteriori e non corrispondenti alle prestazioni effettuate e, in genere, condizioni di lavoro contrarie alla legge e ai contratti collettivi, approfittando della situazione di mercato in cui la domanda di lavoro era di gran lunga superiore all'offerta e quindi, ponendo le dipendenti in una situazione di condizionamento moral, in which rebel against the oppressive conditions is equivalent to losing their jobs, and 'constituting a crime of extortion "under Article and punished. C. p. 629. In this case, then the employer risks being kicked out City 'pending trial.
source: http://www.studiocataldi.it/

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No Parliament's poultry carcasses

A resolution supported by all political groups in opposition to the proposal from the Commission
(EP resolution 06/19/2008)
No
the "chlorinated chicken" in Europe. With a resolution supported by all political groups approved June 19, 2008 with 526 votes in favor, 27 against and 11 abstentions, the Parliament disapproves of the proposal Commission to authorize the marketing of poultry for human consumption which has undergone antimicrobial treatment and asks the Council of Ministers to reject it. The Commission's proposal follows the application of the United States in the European Union to allow imports of its production of poultry treated with chemicals or antimicrobials. But to allow the anti-microbial treatment, even if only for imported products only, would, according to the European Parliament in Strasbourg, a serious threat to the standards and EU standards and EU counter to the efforts made to reduce the rates of bacterial infection in poultry. The decontamination process adopted by the U.S. prevede l’utilizzo di sostanze antimicrobiche alla fine della catena di produzione alimentare non corrisponde all’approccio praticato nell’Unione europea che tende a ridurre i livelli di agenti patogeni nelle carni di pollame coinvolgendo l’intera catena alimentare. L’utilizzo di tali sostanze, inoltre, potrebbe risultare fuorviante per i consumatori in quanto il processo di clorinazione potrebbe alterare l’aspetto della carne per farla apparire piu’ fresca di quanto non sia, minando in tal modo la fiducia nei prodotti alimentari europei.

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who betrays the house loses assets received by the spouse

Un atteggiamento irriguardoso giustifica la revocazione delle donazioni
(Cassazione 14093/2008)

Chi tradisce il coniuge con l’amante nella casa coniugale può perdere tutti i beni e le proprietà che il coniuge gli ha cointestato. Lo ha stabilito la Seconda Sezione Civile della Corte di Cassazione che ha confermato la revocazione per ingratitudine dei beni donati da un signore alla moglie che lo tradiva nella casa coniugale con un giovane partner. L’infedeltà della moglie venne scoperta dal marito più di trenta anni fa, quando la moglie aveva trentasei anni e tradiva il marito con un ventitreenne, incontrandolo nella casa coniugale per diversi anni, fino a quando aveva abbandonato la famiglia per andare a vivere con il nuovo compagno. Per questo la Corte di Appello di Messina le aveva revocato la comproprietà dei beni intestatigli dal marito. La moglie had appealed to the Supreme Court for the annulment of the award. The Supreme Court upheld the appeal, pointed out that the revision would be warranted-called "indirect donations" for the purposes of Article .801 ingratitude of the Civil Code (which speaks of "serious injury"), as' the serious injury required by Article. 801 as a prerequisite for revision consists of behavior which goes with the honor and dignity to the donor's offense likely to cause serious harm to the moral heritage of the person, so as to detect a feeling of aversion that manifests such ingratitude to the man who benefited from the agent, which is repugnant to the conscience of society "; what was then a serious injury "was not so much the infidelity of the applicant, who at the age of thirty-six, already a mother of three children, had forged a relationship with a twenty-three, which continued illegally for several years and resulted in the abandonment the family to live with the new partner, as the overall attitude adopted a liar and disrespectful to her husband, unbeknownst to which the applicant was combined with the internal married lover. "

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Co.co.pro, be careful not allowed to renew

Circular of the Ministry's inspectors: if the project is identical, there is a strong indication of subordination. Partly compatible bartenders, porters and committed. But the contract "Atypical" remains confirmed.

The Ministry of Labour is back on the issue cocoprò, one of the topics "hot" that has characterized the last government, especially after the move the 2006 call center and inspection in Atesia. Did not intervene for the cancellation of the contract ambiguous and where excellence lurks almost always a form of exploitation, but according to recent Protocol on Welfare has decided to close about possible abuse. On 29 January, the ministry has therefore issued the Circular No. 4, sent to labor inspectors, which means but also to "warning" and a guideline for employers (the inspectors, for many, they will never beat sweep the six million Italian companies). But beware: this is not a law is a regulation on how to carry out inspections. Skip
a list in the eye at the end of the circular, which contains "activities that audit found the experience difficult to reconcile in practice, with the system of autonomy that should characterize 'project work. Here they are: working in the distribution of bills or delivery of newspapers, magazines and telephone directories; employees to betting shops, cleaners, drivers and lorry drivers, babysitters and care workers, bartenders and waiters, clerks and sales personnel, custodians and janitors, beauticians and hairdressers, porters, driving school instructors; letturisti di contatori; manutentori; muratori e qualifiche operaie dell'edilizia; piloti e assistenti di volo; prestatori di manodopera nel settore agricolo; addetti alle attività di segreteria e terminalisti.Attenzione: non è escluso il lavoro a progetto per i tipi suddetti, ma si invita l'ispettore a porre cura nel verificare il contratto, sollecitandolo a «ricondurre dette fattispecie al lavoro subordinato in caso che non soddisfino i requisiti di autonomia».
Ed ecco dunque i criteri per stabilire se c'è un eventuale abuso. Innanzitutto il contratto deve essere formalizzato per iscritto: in mancanza, l'ispettore lo ricondurrà al lavoro subordinato. Inoltre, le mansioni svolte «non possono totalmente coincidere con core business or ancillary business as a result social object. " The forms of coordination which the employee is then subject must be "specifically identified in the contractual agreement." As for content, specifies that "a performance grade, repetitive and predetermined is very difficult to reconcile" with the project work, the worker, "understanding the connection to the organizational structure of the buyer, a freedom of choice must residuare the manner of execution," and there should be a "tight control by the contracting authority, exercised either directly or through a third party ',' must be off manifestations of a power disciplinary sanction in the form. "The project work, indicates the ministry is characterized by a" predetermined outcome defined by the parties when the contract was signed, and that result can not be changed later by the developer in a unilateral way. " Finally, "the unjustified extension and renewal for a project the same as above, constitute circumstantial evidence is particularly incisive." It 'obvious that if you have reported different jobs' at risk' and placed so much attention in splitting hairs, it means that inspectors have encountered several cases where companies applied to the project activity is unlikely. But it is clear that employers, for those controlli si facciano, utilizzeranno sempre un contratto che può arrivare a costare la metà del lavoro dipendente e che permette il licenziamento senza giusta causa. Una contraddizione che il ministro Damiano, come lo stesso Pd e la sinistra «radicale», da ultime Cgil, Cisl e Uil, non hanno voluto affrontare, siglando un Protocollo che ha confermato questa forma di sfruttamento. La circolare appare dunque solo come un «panicello» per i pochi fortunati che vedranno un ispettore piombare nella propria impresa. (tratto da Il Manifesto del 1 febbraio 2008)

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download personal files from the network of the City

I dipendenti pubblici che utilizzano internet per motivi estranei al lavoro rischiano la sospensione.
(Cassazione 20326/2008)

Public employees who surf the web too and use the Net to download materials related to their work not commit the crime of embezzlement and threatened with suspension from service. This was established by the Sixth Criminal Chamber of the Court of Cassation upheld the appeal of the Prosecutor of Bari against the revocation of suspension from public service of an employee of the City of Trani. The clerk was surprised to use the office computer, it was connected to a DVD for personal use by taking advantage of the computer network of the Municipality. As reconstructed by the judges, in fact, the municipal employee surf the Internet on non-institutional sites, downloading data and images for personal archives not related to public office, mainly pornographic material, with economic damage to the public body. Investigated for embezzlement, the employee was first suspended by the Court of Trani and subsequently reinstated by the Court of Bari, who had ruled that "the crime of embezzlement protect the assets of the PA and that the same could not be depleted as a result of connections question of a computer and still connected to the mains electricity and telephone regardless of the use and navigation, "believing, with particular reference to the connection to the electricity grid, which had not shown the financial loss, since" the computers are always connected the electricity grid, nor can it be considered further consumption of electricity that are connected to a computer one or more devices. " Against this decision, the prosecutor in Bari had appealed to the Supreme Court. The Supreme Court, upholding the appeal, has ordered a retrial for the defendant, noting that "the art. 314 of the Penal Code, as well as protecting the assets of the government, also aims to ensure the smooth running of the offices of the same based on a relationship of trust and loyalty with employees, "so the story must be reviewed because the Court review it for granted that a particular is nothing in the documents, that the computer was permanently connected to the mains and telephone so that fixed costs for the government independent of surfing the internet. The Court must also give reasons if there is a danger of re-offending, given the fact that they were found on the appliance in question and on the external drive as many as 10,000 files, of which only a very small part of nature pertaining to the role.

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born the crime of repeated harassment or stalking

The bill must now be examined by the Chambers
(Scheme Bill Cdm 18.6.2008)

The bill proposes to introduce in our system called the crime of stalking, harassment that is repeated and insistent. It was with the Council of Ministers on 18 June 2008 the government approved the draft law on measures against the persecution brought by the Equal Opportunities Minister, Mara Carfagna. With this measure, anyone who commits acts of persecution, the so-called "stalking" in fact, be punished by law with penalties of up to four years imprisonment. It provides for life imprisonment if the stalker gets to kill his victim. The victim may submit a complaint to defend themselves. But before the lawsuit can take a measure to the Chief of the oral warning against the perpetrator. Are introduced aggravating if the offense is committed by a spouse legally separated or divorced or a person related to the victim by a report affective. The penalty is increased until the mid-and shall proceed if the act is committed against a child, when applicable aggravating to have acted with the threat of weapons, with more people, whether written or anonymous stalker has already been verbally warned by the Commissioner. It 'will provide for the prohibition approach to the places frequented by the victim, his relatives, his partners or bound by a loving relationship. The measure must now be examined by Parliament.

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living protected as battered wives

The crime of abuse in the family must also be extended to cohabitants "marital status"
(Supreme 20647/2008) The offense

of abuse in the family even when you configure is committed against a person living "marital status" as women who live together permanently with your partner have the right to equal protection under the Criminal Code for the wives. This was established by the Sixth Criminal Chamber of the Court of Cassation, which confirmed the extent of pre-trial detention for a man arrested in the Tower of the Greek as the partner submitted to constant physical and psychological violence. The accused, who lived with his partner for over ten years and by whom he had two daughters, had argued that one could not talk about abuse in the family since she was just a partner. The Supreme Court has said instead that it is settled Court, "for the configuration of the crime of abuse in the family is not relevant to the fact that the criminal act is committed against a person cohabiting partner", as contained in the recall. 572 of the Criminal Code to the "family" should be considered to "any association of persons including, for close ties and habits of life, relationships have been established to support and solidarity for an appreciable period of time extents cover also this notion of the family done. " Just so that it is a basically stable relationship, albeit natural, in fact, established between two people with ties of mutual assistance and protection.

Before A Period Be Yellow?

Last clarification on the exemptions first home ICI

of Commons is the last word on the payment dates ICI homes on loan to the relatives
(Department of Finance Resolution 12/DF 5.6.2008)

of Commons is the last word on the payment of 'Ici on houses given on loan to the family. This and many other questions have come from the June 5 12/DF resolution of the Department of Finance to only a few days after the end dell'Inposta municipal property. Among the explanations that it is up to the abolition of all classes of property used as main house except that it is not luxury properties. Another important clarification that does not serve the residence, but enough domicilio: il contribuente può infatti dimostrare che abita in una casa diversa da quella in cui ha la residenza.

Monica First Time Auditions

The second month of life

Gentili lettori,
a due mesi dalla nascita di questo Blog, abbiamo già avuto 370 visite, si ringraziano tutti coloro che visitano i nostri blog. Continueremo ad informarvi e fare luce su tante questioni spesso ignorate, al solo scopo di divulgare la conocenza e il rispetto dei "diritti" .

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The rules for instructional materials for disabled

Testi elettronici e software di supporto
(DPCM 30.4.2008 - GU n. 136 del 12.6.2008 )

Come devono essere le copie su supporto digitale dei testi scolastici e gli strumenti didattici ad uso degli studenti disabili? Innanzi tutto i libri in formato will include the latest electronic edition of the reading program provided by the Ministry of Innovation and Technology, as well as instructions for use, specifying the organization of content in digital form, how to install and use the materials provided. The logical and structural characteristics of the original text of the book will be maintained in the corresponding electronic version and the text should be presented in a line authorized, possibly divided into blocks and columns. The books should have, then, a summary waterway to allow direct connection to the relevant content and provide suitable hyperlinks to return to the index or content alla fine di ciascuna sezione. Pure le note ed i relativi rimandi e riquadri di approfondimento dovranno essere dotati di collegamenti ipertestuali espliciti al punto od all'elemento corrispondente nel testo principale. Inoltre, gli editori dei libri elettronici dovranno evitare di utilizzare immagini od altri elementi grafici per rappresentare contenuti testuali e completare le immagini, i grafici e le tabelle utilizzate a scopo didattico con didascalie esaurienti, equiparabili a quelle che si hanno in cartaceo. Da ultimo, i contenuti del libro di testo o di sue parti, nel rispetto della normativa sul diritto d'autore, dovranno essere esportabili e dovranno essere liberi da protezioni o da altri vincoli che inibiscano o limitino le funzioni di gestione del programma di lettura and customization of display modes (text and background colors and interfacing with assistive technologies). Secondly, the educational software, expressly designed to facilitate and encourage the processes of learning and integration of the disabled, the requirements must be compatible with its specific educational goals. For example, educational software, used by students at the secondary school level to test the preparation during the school should allow more time to carry out the tests. It will give ample room for customization of teaching, which is the basis of the integration process in our school, by means of computerized flexible and therefore adaptable to the particular needs of each pupil. In this way everyone will have the opportunity to participate in class activities as fully as possible, although in a manner and possibly with different objectives. In this sense, the software will allow, in addition to compliance with the general settings of the user (maintaining set values, and possibly the menu customization), a precise control of the execution time, the speed of dynamic objects and modifying images . As the text on the understanding that they will always observe the rules of graphic readability, should be possible, both during reading and writing, define the font, size, font color and background, having also customize the attributes of written text (including the buttons and menu type, style , and background color of the body) and the possibility to choose between a write entirely in capital letters and upper / lower case. Extreme customization will be finally allowed to sounds, colors, images, and levels of difficulty. These guidelines are the subject of the Decree of the Presidency of the Council of Ministers dated 30 April 2008 and published in the Official Gazette of 12 June 2008.

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Secrecy of the vote, the new rules are law

Confirm all the provisions of Decree-Law
(Law No. 96/2008 - OJ No 128 of 03.06.2008)

become law the new electoral rules on secrecy. It was, in fact, converted Decree-Law No 49/2008, which prohibits voting booths to introduce mobile phones or other equipment with which to photograph or take pictures, under penalty of imprisonment of three to six months and a fine ranging from 300 to 1,000 euros. The rules, applied for the first time during the last parliamentary and local elections, have been reported accurately, without any change in the Law 96/2008 published in the Official Gazette dated 3 June 2008, in force the following day. Recall that is the job of president of the election of the Chamber to invite the elector to deposit cell phones and equipment for filming and photos, when it presented the document of identification and voter. Everything will be returned with the document, after which will be included in the ballot box the ballots. Obviously, these provisions apply to both elections, and for those referendums.

Junior Cert Cross Stitch

Draft contracts: do point

After more than four years after the entry into force of the 'Biagi Law' (which was introduced in our system the project contract), it is increasingly growing number of project workers, while decreasing the temporary recruitment perpetuity. The crucial importance of project work in the current labor market was underlined by the Ministry of Labour which, in fact, has already issued four circulars (the last is number 8 of 31 March 2008), providing clarification and operational guidance. Let us take stock of whether substantial employment in the project in light of the guidelines in case law and findings of the Inspectors' work, called to ensure that the project contract is not used as a tool to circumvent the rules on employment. Under Article. 61 of Legislative Decree no. 276/2003 (so-called 'Biagi Law'), collaborations must be coordinated and continuous belonging to one or more specific projects or programs of work (or stages of it). Therefore, they are illegitimate relationships coordinated and continuous collaboration in place outside of this typical pattern bargaining, with the result of the transformation of the employment relationship of subordination to the project indefinitely. But first things first. The project contract can be validly and lawfully stipulated for the performance of an activity design made independently and based on mere coordination with the client (under the project contract is more correct to speak of the buyer rather than employer work). The project contract should aim to achieve a predetermined result. The written form of the employment contract of the project is required only for testing purposes. In other words, it takes decisive value for the detection of the project or program (or under it). In the absence of writing, in fact, will not be easy for the developer to demonstrate that the placement is due under the contract (central) to the project. In this regard, if the contract is totally lacking an indication of the project, the employment relationship is transformed automatically in employment indefinitely, unless the developer to provide evidence of an actual self-employment . If, however, the project exists and is specified in the contract, the worker will have to demonstrate the conditional nature of the employment relationship and that the project, specifically, does not exist. The project or program (or phase of it) must be specified and identified in a specific way. It may be functionally related activities conducted by the business, but in no way coincide with it. This means that the project specified in the contract can not be confined merely to describe the conduct of the activity by the company or may simply involve listing, although the analytical tasks of the worker. While the inclusion of employee a project in the corporate context can not be considered a decisive element in the subordinate nature of the employment relationship, the other is, however, requires that the employee has a freedom of choice on how to carry out their executive job performance. Do not forget, in fact, that the project work have an autonomous and this is the element that distinguishes it from the employment relationship. It must, therefore, lacking any kind of direction and control by the sponsor, the activity of the employee. E 'also does not affect the time taken for the execution of work: what matters is the realization the project. There is talk in this regard, the obligation of result and not lasting. That's why the remuneration of the employee can not be linked exclusively to the time of the service, as happens under the employment relationship. The principal of non-interference in the working of the employee also means that he can not and shall not engage in any disciplinary powers against him. With regard to the specific operating procedures with which they are made of the work done, it must be said that a benefit is predetermined repetitive and very difficult to reconcile with a character design activities. In addition, the employee should not be used for a variety of generic activities outside the project. His performance should in no case lead to a mere provision of energy work in favor of the buyer. As regards, finally, the extension of the contract if the result indicated in the draft is not reached before the contract expires, it is noted that the unjustified extension - as well as the renewal of the contract for a project the same as above - are particularly clear way to test the elements of subordination. Leaving In conclusion, the talk of crisis and insecurity of a business, an incontestable fact emerges: that the employment contract of the project is a real phenomenon and is increasingly widespread. The fact that the project contract is seen as a step 'forced' into the intake so job security is not enough, in my opinion, to justify the lack of knowledge of the substantive law of this type of contract workers by the same project, among other things, are better qualified and prepared than in years past.

*****

Circular 1 / 2004 of the Ministry of Labour. The Ministry provides guidance on the substantive law of the contract of coordinated and continuous collaboration in the project (co.co.pro.), Highlighting the fundamental premise of the autonomy of performance and features "project, work program or phase of it."

Circular 17/2006 of the Ministry of Labour. With reference to the call center industry, the Ministry intervenes to identify ways to properly use this type of contract, describing in an analytical form of the performance of work.

Circular 4 / 2008 of the Ministry of Labour. The Ministry gives supervisors practical operational guidelines for a more effective and uniform inspection measures designed to bring the use of project contract for the purposes identified by the law. The Ministry also provides a list of some specific activities Work that seem difficult to reconcile with the nature of the project contract. Here they are:

working in distribution of bills or delivery of newspapers, magazines and telephone directories;
employees to betting shops;
cleaners, drivers and drivers
;
babysitters and caregivers;
bartenders and waiters, clerks and employees
sale;
custodians and janitors;
beauticians and hairdressers, porters
;
driving school instructors;
meter reading;
maintainers;
masons and construction workers' skills;
pilots and flight attendants;
providers of labor in agriculture;
involved in activities secretarial and terminal operators.

As for the above work activities, the existence of an employment relationship is presumed. It is for the buyer to prove the amenability of the employment relationship in the context of autonomy and, therefore, employment in the project.

Circular 8 / 2008 of the Ministry of Labour. The Ministry provides new information on the process of transformation and stabilization of cooperative relations in other employment (DL 248/2007 conv. Law 31/2008).

elements that identify an employment relationship of a subsidiary nature.
labor courts construed subordination as hierarchical subjection of the worker in power management and control of the employer. " The Court has identified certain indicators that could help to prove the existence of an employment relationship:

- the submission to the disciplinary power of the worker;
- the obligation to carry out the provision in the timetable established by the employer;
- the ideal pre-determination and continuity of supply;
- the frequency, characteristics and extent of the worker's compensation;
- the absence, for the worker, the risk on the final result;
- lack an organization employing the worker's own employer;
- the inclusion of the structural organization productive worker of the employer.