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

Clitorisissmelly??hazel??

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).