Sunday, March 13, 2011

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Honor the liberators

by: http://laverabestia.org/read_post.php?id=1096&user=3662

RESISTANCE IN DEFENSE OF ILLEGAL

Walter Bond


E 'in a war. Every second, 321 "farm animals" are slaughtered . Every year nearly 90 billion liters of milk are produced by the so-called rape of cows "milk." Nine billion chickens are put to death each year because of the bastards mangiacadaveri can dine with their bloody remains. Too often exorcise these frightening numbers facendoceli slip him, terrified.

Did you know that you get to have lived a million second only after 35 years? Are you aware that at this precise moment an animal is undergoing the most unspeakable tortures inflicted by demons become food for the white coat, a coat, for vivisection, entertainment human and other useless and unnecessary reasons? The animals suffer and are killed with an atrocity that we can not even imagine. And what do we do? We pose and philosophized . Debate on the validity of tools such as arson because there might be a rat in the walls of the building on fire . How many cockroaches, snakes and nocturnal animals have killed the monster with metal that is your car? If I saw a man skin a cat in a field in order to sell fur, do not run immediately to stop the risk of crushing any insects hidden grass? Give me respite. If these are the ridiculous excuses for not participate in or support the actions of the Animal Liberation Front, then you're just a fake animal lover. Let me guess, you're a pacifist. Yeah sure, I have my doubts.

If you were raped, beaten, tortured, and if they wanted to kill you tenessero locked in a cage, would surely someone came to free us, stopping your executioner by force, and that the prison was your hell was on fire. Six anti-war only when your head is not what sta per saltare. Ci metto la mano sul fuoco. Che altro...ah già, sei vegano, fai già abbastanza. Non prendere parte al massacro è chiaramente il primo passo, ma il tuo veganismo non sta salvando nessuna vita. La popolazione umana è in crescita, nel momento stesso in cui tu e d io diventiamo vegani, 100.000 bambini vengono educati ad ingozzarsi di cadaveri. E il veganismo non ti rende automaticamente un attivista, questo può farlo solo l'entrare in azione. Ad esempio, io non sono uno stupratore, non lo sono mai stato, non lo sarò mai. Ma non sarebbe forse disonesto da parte mia presentarmi come un attivista contro lo stupro? Beh, se è così semplice also be activated in the field of human rights, then I'm an activist against child molestation, is an activist against domestic violence. In fact, there are so many crimes of which they are complicit in all that I'm solving the world's problems without lifting a finger? Hmmm ... how comfortable and convenient that attitude!

Clearly, if it considers objectionable behavior or system, the least you can do is not put it . Here are a activist words. You have all the albums and Earth Crisis any shirt or badge existing animals. Play the part and have learned the script better than others. In fact, the more time you can play the part in this way, the more you meet others in the Movement. Once in a blue moon, if it happens , go to some event, just to brush up your hood and take some pictures of yourself in ways ninja animal. And if I told you these things in my face, I would respond with something like " you do not know, what I do when the sun goes down . Yes I know, you go to sleep. The only time you should indossare un passamontagna sono per pulire il granaio dei polli in qualche rifugio per animali o quando ti fai il culo per gli animali. Diversamente, significa bestemmiare l'istituzione stessa del radicalismo e scimmiottare i sacrifici dei veri guerrieri per la Liberazione Animale e della Terra. La via più potente è abbracciare l'azione diretta. Questo significa concentrare i tuoi sforzi in azioni che salvano direttamente vite animali ed al contempo ne danneggiano gli sfruttatori.

Alcune delle cose che puoi fare per aiutare animals may actually be providing your workforce in some shelter or give them financial support, since taking care of the animals has cost, and principals can engage in street demonstrations, you can make it clear to the exploiters and their neighbors exterminate animals and benefit from their mangled corpses is a perversion that will no longer be tolerated. Better yet, you can join the underground resistance and affect the most direct and effective.

Since 1976 the Animal Liberation Front is active in saving animal lives and destruction of their places of abuse and torture. The ALF has also informed the public through hundreds of press not only the cruelty hidden behind the walls of animal exploitation, but also that this abomination will not be tolerated. There have been actions for the animals every night all over the world. But there are also other, of course. The noble and brave warriors of the Animal Rights Militia and the Justice Department seek the same strategies of the Animal Liberation Front but not limited to a philosophy of nonviolence. I think it's great. Anything that stops the exploitation of animals is worthy of praise, as well as whatever allows the perpetration of the use and animal abuse is unacceptable. Even as I write these words I can hear the delirious hysteria of those animals indifferent bogged in their discussions out of place. Really, why not rant about the fact that American soldiers have exterminated innocent in the desert for over a decade? Where is your outrage when police justice people of color in public and in front of a camera?

Consistent with the pacifist hypocrisy, what upsets you is not violence, but violence is not legalized. This is because many of our activists are sick as a society that has within. If you have upset over the phrase " not limited to a philosophy of nonviolence ", not " every second, 321 livestock are slaughtered, "this is a demonstration of what your morality is flawed. The issue of animal exploitation is understandably serious for the creatures that are involved. For them it is an unimaginable evil. Is the absolute moral depravity. Why not just a deliberate murder is the killing of innocent individuals, which makes it obvious injustice. Even the environmental impact is staggering. Deforestation and the need for pasture for their cattle go hand in hand, 55% of drinking water on the planet is used to subsidize the "cattle". The slurry products are the leading cause of pollution for more than 45% water drinking. Anyway you look at it, is clearly the most cruel and mercificatorio in the history of the world!

treat animals without the slightest respect because they are less able to defend themselves in an organized manner. And from this principle, going up the hierarchical chain of exploitation, can be used and abused to the extent that you are unable to defend against attacks of who is stronger. What a sad and sick system. There is something called cause and effect, the spiritualists call it karma. No matter what name you give, it's inevitable and inexorable. In the specific case of the Animal Liberation, this means that you're not fighting and winning the battle against more powerful enemy that oppresses our sisters and our animal brothers and sisters, swallowing soy yogurt or lighting candles. The companies that bill on the systematic extermination of billions of dollars do not stop in front of morality. If they had a shred of decency would not this their job. Will only stop if they are attacked and defeated. It is the only language some people understand. I did not expect that now every vegan into action by becoming a warrior for the animals, clearly will not happen. But rubbish and attack those who are actually saving lives or animals that are breathing down the neck of the exploiters and their dirty business, is unacceptable. I tell you here and now that make me sick, and you have no idea of \u200b\u200bthe risks that we assumed responsibility in the underground resistance. And we sacrifice everything for what we are. As long as you armchair warriors do not translate into action your brilliant opinions, those opinions are worth less than zero. This is a war, the earth and the animals have almost no human lots on their side. As long as vegans and animal rights activists called bend to any compassionate, the rest of us are forced to become fanatical arsonists. You can not escape the law of cause and effect.

When they arrested me, I had a copy of the book in your backpack "Declaration of War" Screaming Wolf. It is the most powerful text and vibrant on the Animal Liberation that I have ever read. Although it is dated in some ways, its principles and action programs are timeless. Read it, reread it, let yourself be penetrated by his power and become liberators. If this is not realistically possible, then give life to a support group the Animal Liberation Front. Help the individual animal, manifested on the streets with force and aggression, if you are not vegan diventatelo! Do something instead of masking your fear attacking the courage of others! Right now in Mexico, groups, ALF and ELF are giving a clear example of what the way forward for the task. Support it and support the partner Adrian, vegan prisoner in the prisons of the Third World despite the adversity he refuses to lower his head. As long as society continues to exploit animals, then we are at war with society. long as there is an end to the destruction of the planet, there will be no end to the destruction of property. As long as an animal enslaved by a pimp for profit or sadism, there will always be someone who will take the place of an ALF activist imprisoned .

Animal Liberation, at any cost!

Walter Bond, Press Officer
North American Animal Liberation Press Office
Prisoner of War

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Friday, March 11, 2011

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Our great Mother

Our great Mother. Earth. Mistreated by our delusions of omnipotence.
play with the atom, we tell ourselves comforting lies about her "safety" because of talented engineers have thought of everything.
decides to play with energy so devastating even in places where the mother is felt more often, with earthquakes, his tremors.
The talented engineers have built a nuclear plant earthquake, a dam and a lot of energy to cool the trapped 'inside, energy for our way of life totally separated dall'emaptia with Mother.
Mother has swept away the dam in a few seconds, and neither is the problem of having ridiculed these talented engineers.
He did in a country that in spite of everything and tutii continuous food on a whim, to hunt and eat whales.
After the fear, however, rest assured, the majority degli umani continuerà a correre verso la distruzione.
Ciò che è successo oggi in Giappone verrà quantificato in danni all'economia e al PIL. Già, che chi si illude che le banconote si possano mangiare, o respirare , o bere.
Corriamo tranquilli, con le nostre auto, con le nostre "grandi" e devastanti invenzioni. Riteniamoci superiori, uccidiamo gli altri ospiti della nostra stessa Madre, per sport, per vivisezione, per mangiarceli, per crudeltà gratuita, per sfizio...
Continuiamo ad illuderci di domare la forza della Terra, rinnegando nostra Madre. Illudiamoci di contare così tanto, quando siamo poco più di una goccia qualsiasi in un oceano qualsiasi al suo cospetto..
"Pictures of you think that the world was made because of you? We now know that the invoices, orders and operations of the mine, trattone very few, and I always had the intention to anything but the happiness of all men or 'unhappiness. If I offended you in any way and at half what it is, I do not n'avveggo me, if not very rarely: as, ordinarily, if I pleasure or benefit you, I do not know, and I did not as you believe, as these things or not such actions those f or, for pleasure or benefit you. And finally, if I happen to extinguish all of your kind, I will not avvedrei. "

Tuesday, March 1, 2011

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Contribution relief related to competitiveness '

The law of stability (financial 2011) has provided an extension through 2011 for both the partial tax exemption of fees related to productivity is the result of contribution relief on premiums for contracts of a second level, with the criteria and procedures laid down by 'Art. 1, paragraphs 67 and 68 of Law No. 247/2007 (financial 2008), within the resources allocated for this purpose for the year 2011 .. In particular the extension affected:

- the partial tax exemption (With application of a substitute tax of 10%) of amounts attributable to increases in productivity, innovation and organizational efficiency and other elements related to the economic competitiveness and profitability of the enterprise;
- relief contributions on wages identified in art. 53, DL n.78/2010 regulated by second-level collective bargaining.

Narrowing the scope of a deeper discussion the second of the benefits of stability provided by law, the sums paid to employees in the private sector in implementing the provisions of collective agreements and regional business and related to increases in productivity, quality, profitability, organizational efficiency, innovation and related to the results reported economic performance or earnings of the company or any other relevant factor in improving business competitiveness, are also of a reduction in contributions, both to the employer and the employee, within the appropriation provided for ' year 2011 (650 million euro).

It may be noted, therefore, that through the medium of the extension, the will of the new legislation is to want to reward companies that within second-level collective agreements, decide to give importance to quality, performance and other organizational elements relevant to the improvement of competitiveness.

Looking more closely at the rules, the application of contribution relief may be requested from the companies involved with the same criteria and procedures laid down by Law 247/2007: the callback framework suggests that revisions are expected to upper limit within which you can access the benefit, set at a maximum of 5% of the taxable salary of the employee retirement, and with regard to employers remains unchanged benefit set at 25 percentage points, calculated to contribute to their sull'aliquota load, but excluding the reductions for contributory facilitated recruitment, remuneration and any measures, agriculture, net of benefits for companies operating in mountainous and disadvantaged.

remain excluded from the estimate of the benefit of all employers who are not fulfilled obligations relating to pay and when n showing that the employees have been assigned in the reference, economic and regulatory measures do not conform with the contractual provisions. There is also not the government, in relation to public employees whose collective bargaining is entrusted all'ARAN.

For the practical implementation of this benefit, in reference to the year 2010, companies are still awaiting the issuance of instructions through a ministerial decree Jobs / Economy, to be issued by December 31, 2011.

Should be confirmed by the above mentioned provisions, collective agreements and local business must:
- be signed by the employer and filed with the provincial labor within thirty days from the date of entry into force of the decree;
- provide uncertain in the payment of disbursements and their amount or are related to parameters to measure the gains in productivity and quality of other elements taken as indicators of economic competitiveness of the company and its results.

If they confirm the above provisions, to qualify for the relief in question the employer of the date of publication of the new decree, must submit electronically, an application to INPS, even with regard to workers enrolled in other social security institutions, as recommended by the institute. The application must contain:
- identification information of the company,
- the date of signing the contract to the second level,
- date of filing with the provincial labor
- ; the total annual amount of payments remitted by the authorized maximum limit as set forth in art. 2, paragraphs 1 and 2 (2.25%) of the taxable wage workers and the number of beneficiaries;
- the amount of the relief on social security contributions due by the employer, up to a maximum of 25 percentage points of the charge against him;
- the amount of the reduction in the amount to social security contributions payable by the employee;
- indication the social security scheme to which contributions are paid pension

The admission is conditional on the basis of appropriate application within the time limit set by the Institute within the next 60 days from the date fixed as the deadline for sending requests to the relief, giving timely information to interested employers. It 'obvious that the actual granting of the benefit is subject to it by the Institute of meeting the requirements of regular contributions.

Regarding business administration work for the purposes of access to relief, will apply the second-level bargaining signed by the user or organization to which it adheres.

companies authorized to remit contributions for the year 2010, pending completion of the admission decision, they ceased or ceased operations, to qualify for the incentive must rely on the regularization procedure using a compilation of contributions DM10V.

have finally confirmed the contribution relief in favor of agricultural employers in disadvantaged areas.

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INPS COORDINATION WITH THE BOOK IS ONE OF THE JOB: FROM 2011 There will be an' A SINGLE SERIAL

INPS - Circular No. 172, December 31, 2010

At the end of 2010, the INPS has issued Circular No. 172, which is crucial because it revolutionizes the relationship with the Institute in relation to the management offices. With the text in the INPS comment raises the unique position to contribute innovative business and information regarding the opening of corporate tax status and the centralization of its obligations.

from the provisions provided by INPS, we learn that in view of the fact that companies, even in the presence of a plurality of operating units, managed jointly for the obligations relating to employment, payroll and contributions including the provision of information flows and execution of payments in respect of social security institutions, it is therefore appropriate to require that the management of submissions to the Institute to focus on a single tax position.

So from December 31, 2010, an employer has the burden to request the establishment of a tax position only, with release of a serial number, only in the beginning stage of activity with employees and only Thematic only mode, using one of two channels:
- cases start-up Simultaneous recruitment of the employee, through the single communications Register of Companies;
- in cases recruitment of employees at a time after commencement of work, through the Single Communication or through the telematic procedure for registration on-line services available in the Institute.
-
All this was possible because all the conditions have been created to begin the process of telematizzazione exclusive applications for service: then from the date of publication of Circular comment on the proposed model DM68 (code SC06) is repealed.

Until the issue of Circular 172 regarding procedures for the opening of the positions had been given the insurance policy on the territorial jurisdiction for the ignition of the freshmen and was given a discussion of some special cases for which it was designed to use separate corporate positions; such standards and therefore decided to abolish the tax position established at the beginning of a rule with employees will be unique, even if the employer is found, then, to set up new production units, designed as places where it is carried out in a stable manner the work of one or more employees.

The employer who is then in such circumstances should not require the opening of a new and separate tax position, but will manage their obligations by using the tax position already in place and stating the particulars of the new business unit.

remain in force the provisions relating to the initiation of distinct business locations for which there are different tax obligations on the part of the same employer and who can also take different classification for social security care, so there will continue to have separate locations in the following cases:
- employer, in relation to different types of staff, is required to pay the second obligations, and measure different contributions;
- employers engaged characterizing independence from organizational and management with different economic goals;
- shipping companies;
- contractors of various services, working on board cruise ships
- leasing agencies : these in particular since the pay period in January 2011, will have two positions, one for temp work and another for staff recruited for the operation of the facility.
Employers then that already have more freshmen having features that aim to facilitate a consistent contribution on a single position contributory payment of contributions, have the right to apply for permission to centralization contribution, the measure of authorization will be issued only in the case of employers have a number of business students and the possible acceptance of the application will result in the closure contribution of the positions covered by the request of centralization.

those applications already submitted and centralization of being defined, there are two cases:
- ; the case in which centralization is required with reference to a new office, still no register: in this case the new provisions are removing the need for a stand-alone measure and it will be possible for the employer to make the provision of opening a new office through this application internet services institution receiving real-time identification number of the seat itself;
- in case you ask centralization with the closure of a number already exists: the employer in this case must await the issuance of the special measure centralization.

However, in the case of formation of a new business unit with employees, with the introduction of the principle of a tax position is not, however, the obligations on the reporting unit identification operation into which a company's employees and, if applicable, the duration of the storm itself.

In these cases, no need to open nine positions and seek a possible contributory centralization, as it will be assigned a serial number to identify the operational unit which, from the complaint to pay for the month of January 2011, as part of the communication by UniEmens flow, will be reported for each worker employed .

INPS makes it clear that the obligation of establishing a single tax position also imposed on employers in the agricultural sector for the management of submissions to the Institute, so employers will have wings Follow these guidelines:
- in the event of commencement of business must have a single model of corporate complaint (DA), although operating in more money located in provinces and / or different municipalities, in which case carry out the obligations of insurance with the company code indicated in panel A of the DA or the one specified in the context C relative to the central building in the event of conducting more funds distinguished by different codes Istat ;
- in the event of termination of new funds, even if located in provinces and / or combined different companies do not have to open another location, but must make a change in the company's complaint already filed in the beginning phase activities;
- companies operating with no budget in the event of early termination activities must provide a single company to declare all places, even if located in provinces and / or different municipalities, where you do the work, failing to report more places, companies do not have to open another location, but must make a change in the company's complaint already filed during login.

exception of the specific nature of the sector:
- the company which is liable to pay the contribution second different sizes, in this case, a complaint must be filed for each type of company business even when referring to the same employer and requirements are contributions made by the company code corresponding to each DA and you can not request the centralization;
- the company working on more funding for the activity which is characterized by organizational and managerial autonomy, in this case, a complaint must be filed separately for each enterprise fund, it will be possible in this case require centralization;

You can still request authorize the centralization of the obligations of contribution by agricultural employers already have more company codes with characteristics consistent contribution.

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reinstatement of the worker in the workplace

November 23 2010 Supreme Court Judgement No 23766.

The problems related to reinstatement of the worker's work case involves two distinct
  • The first concerns the case following the declaration of illegality of the dismissal with the court, with the ruling by which he states ineffective, void or cancel the dismissal, under the effective protection provided by art. 18 of the Statute of Workers, shall order the employer to reinstate the worker in the workplace;
  • The second concerns the case where, following the revocation of a term applied to the employment contract, there is conversion of the contract term in a contract of indefinite duration.

Both are addressed and resolved the problems exposed by the case law in that the obligation to relocate the employee within the company originating in the place and duties.

In particular, the Court of Cassation No 23 766 of 23 November 2010, in relation to the second case detected, succeeds in asserting the principle of law that "the order of reinstatement issued by the court to sanction a dismissal requires that the employee is in any case put back in place and saves the original tasks ability of employers to have a subsequent transfer to another measure, the production unit where it fulfills the criteria of technical, organizational and productive. "

The ruling goes on to establish that the transfer of the worker in this circumstance, is invalid when it is performed outside of these conditions, a failure to integrate contract and this justifies the refusal to hire the employee serving in the place other than where it is intended.

fact, it is necessary to consider that the relocation of the employee may be reinstated only arise after the reinstatement of the worker in the same workplace from which he had been dismissed.

This principle of law is extended, with the ruling Cass. August 9, 2002, No 12123, also in the first case where it is applied art. 18 St. Lav. that expressly states, through the application of real protection, reinstatement of the worker in the "place work ", to be understood in that sense the" least busy "by the worker.

It is necessary at this point do the basic considerations: the two cases are considered different, since Article 18 St. Lav. does not apply to the invalidity of the term applied to a contract which then converts to an indefinite period with the forecast, additional obligations to reinstatement of the worker's work.

In addition, a thorough evaluation of the application of the principle of law, above, applies to cases where the art. 18 and not a shared success in this direction.

E 'need to explain, before moving on to a discussion of the reasons that support this approach of disapproval, two basic premises:
- legitimacy of the courts to prohibit the exercise of the jus variandi employer at the time of restoration of employment, thus affirm the legitimacy of the said power only after his return in the same job, and this obviously in the presence of requirements of Article. 2103 cc and that her duties were similar and the proof of technical, organizational and productive.
- the exercise of jus variandi is then allowed in cases of "proved impossible due to lack of jobs involving the completion of last job or work of equal value to readmit the worker reinstated in the previous headquarters, looming on the employer the burden of proving such circumstances "(Cass. n. 12123/2002).

The Court states that, where provisions for transfer by the employer at the time of reinstatement, the employee is entitled to refuse such a change of job, even equivalent, or be registered under the exception of non-compliance of the employer in art. 1460 cc and by virtue of the nullity of the employer.

Following the approach at this point raised by the judges of legitimacy we would be facing a worker who is "special" because, unlike all other workers, which, inter alia, the sentence re the report says it treats, can not be moved to home or work of equal value in spite of employers' legitimate needs.

In addition, another inconsistency: to prohibit the exercise of jus variandi at restore time employment is permitted "after the reinstatement of the worker in the same workplace from which he had been dismissed" without But to clarify what is meant by "later", or when the jus variandi may be exercised by the employer while being in the presence of clear employers' needs.

If these questions there is the possibility of giving an answer can only be derived to rebut the argument of case law which could be based only on the need to protect the dignity of the worker, who was unlawfully dismissed, is entitled to, at least initially, reinserted in the same work unit from which he was expelled.

If the interpretation above it should be valid, then the refusal of the worker to change job and / or transfer imposed by the employer in the validity of Article. 2103 cc, and then disciplinary action would be unlawful.

In light of this it is possible that the uniform interpretation of the two cases, by the Supreme Court, would result in an unreasonable disparity between the employee reinstated and other workers associated with compression of the organizational power of the employer fully at odds with the protection of Article. 41 of the Constitution.

However, since the jurisprudence to date is critical, state, pacific, you can not help but advise employers an attitude so-called "prudent" in the exercise of jus variandi against worker whose employment has been restored recently, or exercise that power after at least one formal reassignment of the employee the place previously occupied.

Monday, February 28, 2011

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A Passover which celebrates those who do not ...

propose again an essay by Eugene Benetazzo published at Easter 2010:

lamb, bread and wine (published on 02.27.2010) Eugenio Benetazzo

For once I do not want to talk about economics, but a food theme of which I speak on my last show "Funny Money". I can not help but to intervene following the recent departure from the schedules of Beppe Bigazzi RAI: \u200b\u200bthis should have told you for a slice of Italian life and history of the early decades of the last century, when the main concern was the loss the workplace or the solvency of bond stretch, but rather what would have fed their children. For those who have not yet figured out what I'm talking about, Bigazzi during an episode of "proof of Cook," he briefly described what was happening, in time of war and not only when they ate the cat out of necessity or poverty.

In my province (Vicenza in fact), this episode is echoed loudly in the media for obvious reasons folkoristiche (who does not remember teasing him during his military service "Vicenza damn you ate my kitten"). Not that it's for or justify these episodes (I am a devoted supporter OHG) and food habits of the past style of "The Tree of Wooden Clogs," but I was very angry over how the news media have written fine pages of the incident (mostly because it involved a celebrity television) , but do not go a minute to make it clear to all those horrified by the poor cat cooked by steaming, the slaughter of the poor little lambs that is happening in these days in slaughterhouses Italian, so you can celebrate the warmth of family friendly a ritual as barbaric as that of the (Bloody) Christian Easter.

In Italy we breed, we cook and eat the rabbits to other populations questo è grande segno di inciviltà in quanto il coniglio è considerato un animale di affezione al pari del cane o del gatto, quindi guai a chi sogna di mangiarlo. Lo stesso a mio modo di vedere si potrebbe dire anche per il povero agnellino al quale viene riservato un trattamento piuttosto crudele: prima viene stordito, poi issato per una zampa, successivamente gli viene incisa la giugulare, e quando sopraggiunge la morte per iugulazione, allora passa alla operazioni di macellazione e porzionatura. Questo dovrebbe avvenire in teoria secondo il regolamento sanitario che definisce l'attività di macellazione, poi in pratica la fase di stordimento spesso viene “tralasciata” o "dimenticata” passando tosto alla recisione della giugulare da vivo ed in pieno stato di coscienza.

E tutto questo per consentire a tutte quelle mamme e ragazzini, recentemente indignati nel sentire in televisione di come si cucinava un gatto in tempi di fame e guerra, di poter gustare un abbacchio scottadito o un agnello al forno con patate alla menta nella Santa e Barbarica celebrazione della Pasqua Cristiana. Volete veramente trasmettere un messaggio di rinascita e resurrezione (intesa come una nuova epoca per risorgere) quale ci si aspetterebbe per la Pasqua ? Beh, allora smettete di ingozzarvi di carne e di sostenere con la vostra attività consumistica la proliferazione degli allevamenti intensivi a cominciare dai vitellini, finendo con i poveri ed innocenti agnellini. Che senso ha sostenere con il proprio comportamento consumerist model of development food junkie when a lamb to grow 1kg of weight requires 10kg of grain? It makes sense in light Christian decree famine, poverty and hunger in countries that can not produce their own subsistence food since the land and their crops of grain are enslaved fattening of livestock in western countries. So today is called a lamb: animal farm, not affection like a cat.

Until next Easter you really want to embrace the Christian thought and make it yours? You want to fight world hunger? Want to reduce the environmental impact of agriculture and intensive farming? You want to have ground water cleaner? Want save the Amazon from deforestation? Do you want to limit the greenhouse effect? For the uninitiated, the aerated cattle manure are the main cause of global warming on the planet. The solution to this exists. It is called the quota consumption of animal meat from intensive farming (or better yet the total abolition): The real evil in the world and the cause of many diseases that affect humans in recent decades. Look now on, starting with this year, to celebrate Easter and not a bloody Easter Barbara: you also become advocates for change to improve our planet and preserve it from what is considered the worst threat to its very survival. Preserve Our Planet: it's up to you.

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ILCONSIGLIO PROVINCE OF VARESE VISITS THE NATIONAL COUNCIL OF THE ORDER ADVISERS AND LABOUR

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'FRAUD punch and abandoned their jobs

There has been much discussion as to whether supplementing the crime of false ideological instrument of fraud or failure to consummate the stamping by the public servant, at the CARD timepiece brief removal from the workplace.

The legitimacy of law is well-established view that the cards in timekeeping, once installed, constitute evidence of the presence of keepers in the workplace, in the time lag between the time of entry and time output, resulting in relevance of its claims, both for functionality and regularity of service (where the interest is used for functions or public services) and for the purposes of the salary that each task.

Failure to stamp the card, at intermediate removals of the employee, thus preventing, in turn, control of the person liable to pay the amount for their service, especially in view of a recovery period of absence, especially in view of a correlative deduction from monthly salary.

On the question of a minority jurisprudential fa leva, in sostanza, sulla considerazione che la timbratura del cartellino rileva “in via diretta ed immediata ai fini della retribuzione e comunque del regolare svolgimento della prestazione di lavoro e solo indirettamente e mediamente, ai fini del regolare svolgimento del servizio” (Cass. Pen., Sez. V, 9 ottobre 2002, n. 38770).

Tale orientamento è stato quello accreditato da parte della Cassazione a Sezioni Unite.

Infatti, dal momento che la condotta di falsificazione ideologica del dipendente pubblico ufficiale ipotizzata dall’art 479 c.p. deve sostanziarsi in un’attività svolta “nell’esercizio of his duties "journalistic, it is necessary to distinguish, within the activities carried out by a civil servant, " acts which are an expression of his public office and / or the public service and who tend to achieve the objectives of the public " those "closely related to the provision " work, and then having exclusive emphasis on the contract plan and not on the functional.

The false representation of reality that is publicly documented by the Act in this case of false documents, it must be substantial in relation to the specific activity the public official, which means that it must invest a fact that, in view of the actual exercise of public functions or award, has the potential to produce legal effects.

From here, you must consider that the timekeeping cards are intended only to certify a material fact which refers to the employment relationship between public servants and public administration, and what the effects are exhausted, no events involving declarative statements or will be referred to the government. The civil servant does not act then either directly or indirectly on behalf of the PA, but operates as mere private person. From this it must be stressed that the timekeeping cards for civil servants should not be considered as "public documents", being designed to certify by the public employee only a material fact which refers to the employment relationship between him and the PA

In this light the United Sections of the Supreme Court Judgement No 41471 of September 30 to October 28, 2009, in resolving the conflict which occurred on this point, have ruled that does not include the crime of false ideology of a public employee of the public the false statement about his presence in the office indicated on labels timestamping because the nature of these documents can not be considered public, but of mere certification of the employee relating to employment, which are governed by private law, documents that do not contain more declarative or events will be referred to the Public Administration.
not fall from the case to the crime of false ideology does not follow that such conduct is of a fraudulent: in consideration of the function statements and "self" that the signing of the paper assumes the presence of effects over time of and completion of concrete work in their areas of responsibility, any conduct that is manipulative the findings of these claims is in itself likely to mislead the public authorities about his presence in the workplace.

As for the existence of injury - the Court said that the function of tags timepiece is to be proof of continuous presence in the workplace of the employee between the hours of public input and time output - must be considered otherwise constitutes conduct which would incorporate the crime of aggravated fraud that of the employee who is temporarily away from work without result, by stamping the card periods of absence, provided that these are to be considered economically significant.

In this regard, the protracted period of unjustified absence from the workplace has created a de facto suspension of the employment relationship that has thus created a financial loss for the institution called upon to pay a fraction of the daily shift that is in fact not been made and the further harm related to non-presence of the employee at work that has implications with respect to functionality and regular service.

Tuesday, February 22, 2011

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RESOLUTION FOR THE MUTUAL CONSENT OF EMPLOYMENT

The resolution of the employment relationship requires procedural written form as an element fondamentale per l’estrinsecazione in modo certo e puntuale della volontà di recedere: tale volontà negoziale di risolvere il rapporto deve quindi risultare da un documento diretto al lavoratore al fine di poter tutelare il suo interesse ad una eventuale impugnazione nei termini decadenziali.

La forma scritta per la validità del licenziamento non implica che la volontà di recedere sia espressa attraverso formule particolari, ma risulta sufficiente che la stessa sia espressa anche in forma indiretta ed implicita, ma nello stesso tempo intelligibile, di modo da escludere che nel destinatario si creino dubbi o certezze in relazione alla volontà o meno del dichiarante di estinguere il rapporto.

The employer in the establishment in the appeal of the dismissal notice verbally, and therefore without the written procedural , in most cases set the defense arguing that the termination of work has actually resulted in the resignation of the worker from whom requires as a counterclaim to the payment of the sentence in lieu of notice period, in other cases the employer alleging termination of employment by mutual consent.

arises in this way the problem of identifying the party that are subject the burden of proving the conditions for the termination of the employment relationship: the second option interpreted proof borne by the worker who is acting for the ineffectiveness of the dismissal intimatogli orally and in any case to demand the restoration of broken relationship in an unlawful manner by the employer , only applies to the termination of the employment relationship and that its exclusion from the workplace, the employer will have against the contrary evidence that the same interrupt has occurred due to resignation of the worker and therefore is required to prove the facts on which base their reasons.

In any case, it is well established principle in this regard that the event of the worker's actual and unconditional desire to terminate the employment relationship must be subject to close supervision and rigorous evidence, given the seriousness, the worker, the consequences of such an act in relation to property legal come into play and that is subject to a privileged protection in order.

In particular, the Supreme Court, the sentence no 2772 8 February 2010, has expressly stated that in cases in which the employee has brought a claim alleging that he was fired verbally and the employer has requested the rejection of pleading that demand the resignation of the employee, the court violates the principle of correspondence between the requested and delivered if it were to qualify on their own, as there were no exceptional circumstances such as the contract was terminated by mutual consent.

This is because the facts extinct, preventative and automatically changes that have produced their effects should be reported to the court to always and only if they are attachments on the side.

The Court then stated that any termination of employment must be determined by mutual consent with special rigor and, if not is contained in a formal act, must result from conduct that unambiguously highlighted the complete lack of interest of both parties to continue the employment relationship itself.

Monday, February 21, 2011

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DEMAND FOR THE REDUCED CONTRIBUTION

For the financing of the redundancy fund was caused by the companies concerned, the contribution "ordinary" and any contribution from "add", the amount differs depending on the number of employees in : up to 50 staff (and) we have reduced the contribution and the contribution beyond the current 50 employees.

It has a dual contribution:
  • Ordinary , out of all industrial and craft building stone and integration Speakers addressed regardless of whether or not they make action and should be computed on taxable wages paid to employees, such contribution contribution schemes shall be reduced 1.90% (instead of 2.20%).
  • Additional , applied only in cases of actual or not to enlist in the IGC and is calculated on the total of the wage paid to worker layoffs: The reduced rate is 4% (instead of the 8%).

be eligible for reduced rates for Cig employers, industries, construction and stone (in these two areas limited to employees and managers), and cooperatives engaged in processing, handling and marketing of products agricultural and livestock, which in the previous year had a number under "average" of 50 employees or less.

In the application of reduced rates of contributions due to the redundancy fund companies must submit an annual statement that in the previous year have been under a number average of 50 employees or less: note in particular the importance of transmission of the declaration, by companies that do not exceed an average of 50 employees, since it is the only means by which to qualify ' IGC reduced rate.

The implementation is very simple: to take advantage of the benefits to stakeholders are asked to annually review the corporate staff and if the conditions laid down by the INPS to notify the same social security institutions.

In order to simplify the bureaucratic aspect, the INPS, by Circular 89, May 20, 2003, provided that the submission of the declaration of the corporate staff will be made only
· at the beginning of the activity with employees by reference to the number of employees employed at the end of the first month of activity: it is considered that the presentation can also occur later than the inscription, as with the INPS Circular 89, does not set a deadline for compliance. It follows that the employer to determine the number of employees, should refer to employees under the end of the first month of activity
· or after the occurrence of previously announced changes in the labor force that could influence the determination of applicable in this case the labor force that can influence the contribution CIG, in the years following the year in which it started, the activity continues to be quantified using the average employee for the previous year.

The value that comes from above average may determine whether or not the obligation to submit the statement.
In particular the following situations may arise:

  1. if the result of calculation gives a value of average number of employees not exceeding 50 units and the company was already taking advantage of the reduced Cig reduced should not submit any representations to the INPS and will continue to benefit from contributory of subsidy;
  2. if the result leads to a value not exceeding 50 units and the company Cig has always paid the contribution in full measure (because it had a staff more than 50 units) must submit the declaration in the case where it intends to apply the reduced rate of contribution;
  3. if the result leads to a value greater than 50 units el 'company was authorized to apply the reduced rate Cig, INPS will submit the statement as a result of which the Institute will withdraw the facility to pay.

To calculate the size limit, and therefore the calculation of the employees are to consider all persons who have lent their opera con vincolo di subordinazione sia all’interno che all’esterno dell’azienda, inclusi quelli per i quali non è dovuto il contributo per il finanziamento della Cig (lavoratori a domicilio, dirigenti).

L’art. 13 Legge n. 164/1975 stabilisce poi che la consistenza numerica dei lavoratori deve essere determinata, con effetto al 1° gennaio di ogni anno, sulla base del numero “medio” di dipendenti, numero che si ottiene dividendo per 12 (mesi) la somma totale del numero di dipendenti in forza alla fine di ciascuno dei 12 mesi: se lo stesso rientra nel limite dei 50 dipendenti l’azienda ha diritto all’aliquota ridotta, anche se in uno or more periods have been exceeded.

are excluded from the calculation of employees in particular those employed under contracts of training and work.

The part-time workers are to be calculated in proportion to hours of work by providing "rounding for fractions of time in excess of the sum of part-time schedules identified corresponding to whole units time to time full ".

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IGC WORK IN THE LAW OF STABILITY' 2011: A LOT OF EXTENSIONS AND A FEW NEW ' Sandra

Stability Law for the year 2011 (named after the traditional Budget Law) does not provide big news in terms of work: in particular the provisions that were approved are very limited and most of them concern the continuation for 2011 of past measures that otherwise would have expired.
are described, followed by the changes introduced or confirmed by the Law of Stability.
· social safety nets
, pending the reform of social safety nets, already in the pipeline taking into account the authority delegated to the Government by Law No 183/2010 for the reorganization plan and complexity of the matter, the law of stability for the 2011 refinancing social safety nets in derogation (Article 1, paragraph 30).

In detail, for the year 2010, is re-authorized the granting of mobility, income assistance and special unemployment and it is expected that in particular, on the basis of special government agreements, the Ministry of Labour to have, for periods not exceeding 12 months without interruption, notwithstanding the provision of treatments and extraordinary income assistance, special unemployment and mobility.

It confirms that reductions in the processing of the extensions, so that their amount is reduced
1. 10% in the case of the first extension;
2. of 30% for the second extension;
3. Up 40% in case of successive extensions.

addition, the processing of income support, in the case of the second successive extensions may be granted only if the frequency by workers involved in specific programs for reuse, also aimed at retraining, organized by the Region.

Paragraph 31, with the aim of identifying criteria for uniform access to all forms of income support, provides that admission to these treatments will be possible only for those who have matured, the date of commencement of treatment, some minimum requirements: in case of redundancy is required at least 90 days of seniority in the undertaking and, for the award of mobility, the presence of a contract of permanent employment and seniority minimum holding of 12 months, 6 of which actually worked.

is also confirmed and extended in 2011 with the provision falls seen in the previous calculation of seniority to be considered for the award of benefits, including the period of which might be carried out at the same company in the form of coordinated and continuous, and even after the project under of monocommissioning, with monthly contributions credited to the Separate Account at INPS.

· INCENTIVES TO BUSINESSES AND WORKERS

Among the incentives established for employers work, in paragraph 31 are reported to those recognized as a result of recruitment of staff from recipients of unemployment benefits notwithstanding, they have been fired or suspended for a partial or total cessation of activity or in case of bankruptcy. The incentive in question is equal to the monthly payments not yet received by the employee and is paid by INPS, or alternatively it is entitled in a lump sum even if the worker wishes to start their own business ventures, whether in the form of participation in cooperative work: in this case paragraph 33 provides the possibility of being paid in a lump sum on the treatment due to the number of months equal to those not yet received, but for a maximum of 12 months.

Other incentives for employers are confirmed and refinanced by paragraph 33, in particular:
1. The company will use its membership of staff recipient of the treatment of income support for projects involving training and retraining, selling himself recognized in his favor, the difference between the pay and treatment of income support;
2. companies will enjoy a tax contributions, equal to that provided for apprentices, when acting personale destinatario di disoccupazione non agricola o in stato di mobilità, che abbiano almeno 35 anni di anzianità contributiva e fino alla maturazione del diritto di pensionamento
3.        Previsto per i datori di lavoro un incentivo pari all’indennità residua spettante al lavoratore, in caso di assunzione a tempo pieno ed indeterminato di lavoratori in disoccupazione ordinaria o disoccupazione nell’edilizia, a patto che non abbiano effettuato riduzioni di personale con la medesima qualifica nei 12 mesi precedenti o non abbiano in atto trattamenti di CIG straordinaria.

· solidarity contracts'

The contracts called for solidarity. defensive, aimed at addressing situations to reduce personnel in the event of economic crisis, the workers will pay partial integration of the salary lost as a result of the reduction and, for the benefit of the employer, a contributory benefit.

At paragraph 33 is confirmed the increase in the wage measure from 60 to 80% of salary lost, with the provision that the industrial sectors concerned are similar and those, being excluded from the list the publishers of newspapers, news agencies national circulation, as well as publishers and / or printing of newspapers periodicals.

With reference to the possibility of the companies to use the contracts of solidarity, the extension of paragraph 33, also in 2011, that opportunity to companies with fewer than 15 employees, provided that such action can be taken to avoid multiple redundancies individual objective justification.

· PENSIONS

New Law of stability are the provisions on effect of pensions.
Paragraph of Article 37. 1, changing the art. 12, paragraph 5 of Law 122/2010, is involved in derogation wing legislation, relating to extension of the intervention of the protection of income for the period of time necessary to achieve the commencement of the pension. In the scheme of the new custom window, which provides for opening new windows 12 months after the date of vesting for employees and the self-employed for 18 months of any administration, are not covered by those who meet the criteria for retirement and old age before 1 January 2011.
Among the categories exempted from this restriction as well as school staff and workers for which is less qualified for the title of the work, as well as redundancies in the banking and insurance, are also covered by workers on the move short or long agreements with by April 30, 2010, provided that such request is a limit of 10,000. With the amendments made by paragraph 37, and especially for those who do not fall within the limit of 10,000, is expected to extend the protection of income for the period of time needed to reach the commencement of the pension under the new criteria. This extension snaps in practice for a period not exceeding that between the old and the new window.

· OTHER EXTENSIONS

The Law of stability and proposes other extensions in different subjects. Including:
1. the opportunity for businesses to trade and tourism and travel agencies and tour operators with fewer than 200 employees, but with more than 50 and for security firms with more than 15 employees to have access to extraordinary redundancy fund and mobility;
2. for workers fired for just cause objects to companies with fewer than 16 employees may enroll upon request lists of mobility, without financial support, but with the ability to be promoted in reuse, the remaining valid for tax relief ; new employers;
3. for workers who are not eligible for mobility, the possibility of obtaining equivalent treatment to the mobility within the resources allocated to social security benefits notwithstanding, and with recognition of notional contribution for a period equivalent to the ordinary perception of unemployment (8 months for those under the age of 50 years, 12 months over 50 years).