guarantees and rights of workers and wage claims
Under current legislation there are laws protecting the particular employee, the employee in particular. But who is employed? Article. 2094 cc Friday, February 12, 2010
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The employee, therefore, is regarded by law as a weak subject, given its dependence on the employer. This dependence affects not only the guidelines and "orders" that gives the employer in carrying out its economic activity organized but extends also to the need for the worker to perform his work to support themselves economically, and its family. The subordination of the worker s'evince the type of work actually performed. Indeed, the Court adopts a policy of subordination indices in the presence of such a relationship, which could be defined by the parties as an independent, is brought back nell'alveo art. 2094 cc when, on the business actually paid in the company, as found by the inspectors of supervision or the court, we eterodeterminazione before a performance. What then distinguishes the self-employed person is the one placing the power to direct and regulate lavorotore to the employer with a consequent limitation of its autonomy. Among the indices include: the working hours which the employee is required, the form of wages, the absence of risk and so on. However this place, it's important to understand why to date, the companies prefer to hire workers on the project rather than contracts of employment, which actually is the work that these volunteers.
The answer is simple. In fact, the employee employed person has a protection that is incomparable with that of the so-called worker parasubordianto (a project).
First, the protection of the subject, shall be binding , they can not be waived by the legislature nor by the Parties, collectively, even if the worker agrees. It follows that any clause that does not recognize the employee, such as weekly rest, nothing is right and would be replaced by art. 1419, comma 2, cc mandatory rules are then
daily rest of at least 11 consecutive hours, the weekly rest
of days. Possibly coinciding with a domencia to which the worker can not give up, the '
normal hours of work fixed in 40 hours per week in the Legislative Decree 66/2003, the right to a paid period of leave of at least 28 days calendar year, inalienable right to the necessary psycho-physical recovery of the individual (see Decree No. 66/2003 Article 10), not to mention the right to maternity leave of five months,
parental leave for fathers and mothers and the effective protection and compulsory redundancies. The real protection art. 18 Workers' Statute applies to those workers who exercise their activities in companies with more than 15 employees and, therefore, enjoy protection which allows reinstatement of the worker in the workplace, and an order to the employer to pay him an indemnity as compensation for damage to the remuneration commensurate with the date of dismissal to that of reintegration (in excess payments of contributions) with a size not less than 5 months. Moreover, in this case, the worker may ask the place of a reintegration allowance equal to 15 months. The obligatory protection provided by Law 604/1966, affecting companies up to 15 employees. The ruling diachiara the illegality of her dismissal from the service provider secure protection involves the mandatory sentence to summarize the work within days. 3 or to pay him as compensation for damages from compensation between a minimum of 2.5 and a maximum of 6 months' salary (plus allowances in case of high length of service). In the case of parasubordianti workers, such as project workers, mainly characterized by self-employed, the continuity and coordination of dall'irrilevanza and the time taken to run the service. The protection of these workers recently have been expanded but are not comuque comparable to those of employees.
the strengthening of protection started with the Law 335/1995, which established the INPS separate management for the provision of treatments such as by assigning family, maternity pay and sick (but only in the case of hospital hospital), as well as retirement benefits for invalidity, old age and survivors. The Decree No. 38/2000 which extended compulsory insurance against accidents and occupational diseases. The 2007 Budget which included with effect from 1.1.2007 the daily allowance of disease, then, is no longer limited to hospitalization, the use of parental leave, as well as - And I think the most important rule - to monitor and evaluate policies to expand work and inspections in order to bring the fictitious project work in actual working relationships employed person and, therefore, extend the protections such as those on unfair dismissal . To understand the significant use of this farce on the part of employers, just think about the need for a stabilization of labor relations, such as amnesty to legalize the millions of employment relationships or self-project which was in fact a relationship of subordination . As regards the safeguarding of assets, including the important there is to mention the F
ondo Warranty TFR which replaces insolvent and defaulting employers. This fund, first limited to severance pay, now includes the last three months of employment (Decree 80/92). Moreover it is very important to highlight the issue of
PRESCRIPTION of wage claims. This is often contended during the proceedings by the employer. It is therefore important to know that the limitation is 5 years but the effect varies. In the sense that if the ratio is stable during the runs in the report (eg a worker does not receive payment for the month of January 2004. In this case, if the relationship is stable - art. 18 St. Lav. - The effect is from February 2004 and the requirement to mature in February 2009), if the relationship is not stable but the effect is the termination of the relationship. For the TFR and the cessation always starts is always 5 years. While the rights to non-wage work instead of the ordinary prescription. Finally
lapse between the legal institution (other than prescription), which found the ratio in the civil penalty, the most important are: appeal of the dismissal 60 days
; waiver transactions (2113 cc) and disciplinary procedures (Article 7 of Law 300 / 70) 6 months .
Examples of conventional disqualification, however, those that can only be established by the National Collective Bargaining Agreement and the rights conferred or regulated by them, and never individual autonomy, those relating complaints about pay differentials, or clerical errors in the calculation of counts and so on.
daily rest of at least 11 consecutive hours, the weekly rest
of days. Possibly coinciding with a domencia to which the worker can not give up, the '
normal hours of work fixed in 40 hours per week in the Legislative Decree 66/2003, the right to a paid period of leave of at least 28 days calendar year, inalienable right to the necessary psycho-physical recovery of the individual (see Decree No. 66/2003 Article 10), not to mention the right to maternity leave of five months,
parental leave for fathers and mothers and the effective protection and compulsory redundancies. The real protection art. 18 Workers' Statute applies to those workers who exercise their activities in companies with more than 15 employees and, therefore, enjoy protection which allows reinstatement of the worker in the workplace, and an order to the employer to pay him an indemnity as compensation for damage to the remuneration commensurate with the date of dismissal to that of reintegration (in excess payments of contributions) with a size not less than 5 months. Moreover, in this case, the worker may ask the place of a reintegration allowance equal to 15 months. The obligatory protection provided by Law 604/1966, affecting companies up to 15 employees. The ruling diachiara the illegality of her dismissal from the service provider secure protection involves the mandatory sentence to summarize the work within days. 3 or to pay him as compensation for damages from compensation between a minimum of 2.5 and a maximum of 6 months' salary (plus allowances in case of high length of service). In the case of parasubordianti workers, such as project workers, mainly characterized by self-employed, the continuity and coordination of dall'irrilevanza and the time taken to run the service. The protection of these workers recently have been expanded but are not comuque comparable to those of employees.
the strengthening of protection started with the Law 335/1995, which established the INPS separate management for the provision of treatments such as by assigning family, maternity pay and sick (but only in the case of hospital hospital), as well as retirement benefits for invalidity, old age and survivors. The Decree No. 38/2000 which extended compulsory insurance against accidents and occupational diseases. The 2007 Budget which included with effect from 1.1.2007 the daily allowance of disease, then, is no longer limited to hospitalization, the use of parental leave, as well as - And I think the most important rule - to monitor and evaluate policies to expand work and inspections in order to bring the fictitious project work in actual working relationships employed person and, therefore, extend the protections such as those on unfair dismissal . To understand the significant use of this farce on the part of employers, just think about the need for a stabilization of labor relations, such as amnesty to legalize the millions of employment relationships or self-project which was in fact a relationship of subordination . As regards the safeguarding of assets, including the important there is to mention the F
ondo Warranty TFR which replaces insolvent and defaulting employers. This fund, first limited to severance pay, now includes the last three months of employment (Decree 80/92). Moreover it is very important to highlight the issue of
PRESCRIPTION of wage claims. This is often contended during the proceedings by the employer. It is therefore important to know that the limitation is 5 years but the effect varies. In the sense that if the ratio is stable during the runs in the report (eg a worker does not receive payment for the month of January 2004. In this case, if the relationship is stable - art. 18 St. Lav. - The effect is from February 2004 and the requirement to mature in February 2009), if the relationship is not stable but the effect is the termination of the relationship. For the TFR and the cessation always starts is always 5 years. While the rights to non-wage work instead of the ordinary prescription. Finally
lapse between the legal institution (other than prescription), which found the ratio in the civil penalty, the most important are: appeal of the dismissal 60 days
; waiver transactions (2113 cc) and disciplinary procedures (Article 7 of Law 300 / 70) 6 months .
Examples of conventional disqualification, however, those that can only be established by the National Collective Bargaining Agreement and the rights conferred or regulated by them, and never individual autonomy, those relating complaints about pay differentials, or clerical errors in the calculation of counts and so on.
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