Eyes Too Close Togheter

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.