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accident on the way the public employee, shall be the State Council

The State Council, with the recent ruling No 5603 of September 25, 2006, clarified that the accident occurred the public employee in distances covered to the workplace, it may be dependent on service because independently of the use di mezzi privati o pubblici o dall'autorizzazione all'uso del mezzo privato, allorchè quest'ultima sia stata dall'amministrazione continuamente tollerata e semprecchè l'infortunio non si verifichi durante il tragitto effettuato per il raggiungimento del luogo di lavoro in regime di "missione" quanto, invece, durante il tragitto compiuto all'interno dello stesso Comune per il raggiungimento dell' ordinaria sede di servizio .

Testo della Sent. n. 5603 del 25 settembre 2006

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Cass., ON, October 16, 2006, 22 219 - Public works - Competition Notary - Compensation damages - Jurisdiction GA

In caso di rinvio di una prova d'esame di un concorso statale (notarile ) per ragioni di ordine pubblico, il candidato, che ha superato le preselezioni, non has an individual right to the proper conduct but a legitimate interest that there are no gaps that may conflict with the regularity . The decision on
damages, therefore, shall be referred for decision to the Administrative Judge and not the ordinary.

Text of the judgment Cass., ON, October 16, 2006, 22,219

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Note of the Ministry of Labour, No 1 December 2006 - draft budget - Talks on labor law and social security

The Ministry of Labour intervened to clarify the content - in the field of labor and social security - the draft budget law pending in the Senate.

Here are the areas covered:
a) action against the precariousness and for the stabilization del lavoro nei settori pubblico e privato , misure per favorire nuova occupazione a tempo indeterminato e interventi per promuovere l’ emersione del lavoro irregolare ;
b) misure per contrastare il lavoro nero e migliorare il livello di sicurezza e salute dei lavoratori nei luoghi di lavoro;
c) interventi in materia di ammortizzatori sociali ;
d) interventi in materia previdenziale e di miglioramento delle tutele per i lavoratori “non standard” .

Testo della Nota Min. Lavoro, n. 1 del dicembre 2006

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Cons. State, sec. VI, 12.10.2006, No 6078 - Staff - Duties greater - proportion to the salary

- Lo svolgimento di mansioni higher in the public sector can not justify the claim of the employee to a permanent change of classification training. fact, art. 97 of the Constitution and the cost constraints to be respected by PA preclude the application of mechanisms for the final designation than the employee.
- In addition, art. 36 Constitution - which establishes the principle of correspondence of the employee's salary to the quality and quantity of work performed - not unconditionally applicable to public employment (as evidenced by rulings both constitutional and administrative costs), compete other principles constitutional, such as art. 97 just above, that of rigid predetermination of the spheres of competence, powers and responsibilities of the officials under Article. 28; as well as art. 98, paragraph 1, which subtracts from the logic of this relationship synallagma (Constitutional Court, 18.5.1992, n. 236).

Text of the judgment Cons. State, sec. VI, 12.10.2006, No 6078

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Cass., Sec. lav., 7.11.2006, n. 2372 - Dismissal - No Posting disciplinary code - Legality

The dismissal for just cause or good reason is not affected by the failure to include of the facts alleged in the disciplinary code and its not displaying even when the charge against the employee is "in violation of rules of civil coexistence, which require mutual respect and that are rooted in social consciousness . This decision - in accordance with the prevailing orientation of the Supreme Court - basis in violation of those rules of civil society that counts "in the social consciousness which minimum ethical and not in collective agreements or determinations in entrepreneur" . Violation that, in this case, was reflected in the behavior disparaging against his employer.

Text of the judgment Cass., Sec. lav., 7.11.2006, n. 2372

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Cass., Sec. A., 23.11.2006, No 24862 - Investigation of the possibility of inclusion of the disabled to work - Ordinary Jurisdiction

Disputes in the establishment of the possibility of job placement for the disabled, any promoted side, having reflected on the personal right to mandatory placement stability, belong to the jurisdiction of ordinary courts. So they decided the
Sec. A. the Supreme Court on the basis of the relief that the case falls in the cases for which the law allows a separate finding of facts from that taken by the party on the right are based (as is the case for the state of places, for urgent needs of evidence: art . 696 CCP, the truth of a document: art. cpc 220 on the audit of private writing and art. cpc 221 on the action for fraud).

Cass text of the sentence., Sec. A., 23.11.2006, No 24862

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Switching from fixed-term employment to permanent in Public Administration: the Court of Justice intervenes

Having stated that, having regard to the European Directive 1999/70/EC conjunction , "framework agreement" on fixed-term employment of 18/03/1999 - concluded by UNICE, the CEEP and the ETUC - as well as Legislative Decree 368/2001 implementing Directive above, you are establishing a relationship of indefinite duration in case of violation of the rules governing contracts in Tampa term contracts, the Court of Justice has clarified that it is indeed possible to derogate from this principle to employment contracts concluded with the PA, but on condition that the national legislation " includes another effective measure to prevent and, where appropriate, to punish the abuse of successive fixed-term contracts from an employer's public-sector .

text of the sentence on the proc. C-180/04

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Ord. TAR Lazio 22.11.2006 - Project work in call centers - not trust Labour Inspectorate - Subordination - Suspension

the Lazio decided to suspend inspection of the records adopted by the Labour Inspectors have warned that Rome Atesia (note the call center company) by considering the relationship of about 3200 of its employees which simple collaboration on projects art. 61, Legislative Decree no. 276 of 2003, as in lack of "genuine project that should characterize them, having also Circ. Ministry No 17 of 2006 on the point.
It seems, therefore, that the conversion of these contracts in employment relationships in art. 69, Leg. Cit. is increasingly true chimera per million and about half of which today parasubordinated continue to crowd the labor market.
The only hope is now the proceedings.

Ordinance Text TAR Lazio 22.11.2006

Sections

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Cass., Sec. A., 26.10.2006, No 22,910 - contract labor - Interposition fictitious contractor - Obligations arising from the report

United have put together a counter insurgent within the jobs section on the subject of contract labor.
According to the decisive orientation, pay and conditions and obligations in social insurance - because of the invalidity the contract between client and contractor - weigh only sull'appaltante, thereby excluding a liability even competing contractor, having the 'appearance' of the right and ownership of the employment relationship, in light of the importance of the interests involved.

Text of the judgment Cass., Sec. A., 26.10.2006, No 22,910

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Urgent measures on supplementary pension

By decree of November 13, 2006 No 279 the government intervenes in order to harmonize the new discipline of supplementary pension dictated by the Legislative Decree No 252/2005, with the anticipation, the result of ' Understanding between the Government and social partners of October 19, 2006 , on 1 January 2007 entry into force of the reform itself.

text of Decree-Law No 13:11:06 279

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competitions - Constitutional Court Judgement of 9 November 2006, No The 363

The Constitutional Court strictly delimiting the exceptions to the principle of open competition as the sole means of recruitment for public administrations, a narrow interpretation of Art. 97 of the Constitution. The competition, in fact, is the only means of access to guarantee the impartiality and efficiency of the administration and can not suffer exceptions, except for special and extraordinary needs of the public interest "(Constitutional Court 3.3. 2006, n. 81).

Send Constitutional Court ruling, 9.11.2006, n. 363

The Council of State

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horizontal progression in the public sector: the intervention of the State Council on the division of jurisdiction

with the latest Sent. No Of 5938 'in October 2006, involved the division of jurisdiction between the ordinary judge and administrative judge, in disputes arising dall'impugnazione of acts of bankruptcy proceedings of horizontal advancement within the same professional area , staring about the jurisdiction Authority ordinary courts, in light of the information contained in ' Order of the United Sections of the Supreme Court No 3948 of February 26, 2004 .

Lyrics No Judgement 5938 of 05.10.2006

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contrast to the black economy: Unraveling INAIL

INAIL intervenes with Circular No 45, 23:10:06 fornendo alcuni chiarimenti relativamente al potere riconosciuto in via esclusiva al personale ispettivo del Ministero dell'Economia e delle Finanze, ex art. 36 bis Decreto Bersani , in ordine all'adozione del provvedimento di sospensione dei lavori nell'ambito dei cantieri edili.

testo della circolare

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Reform of the labor process

Roma, 31/10/2006 - Presentato al Senato il disegno di legge di riforma del processo del lavoro. Tra le intenzioni dichiarate nella Relazione introduttiva: celerità e certezza per le cause di licenziamento e di trasferimento del lavoratore, snellimento degli accertamenti sanitari nel processo previdenziale e riforma complessiva delle tecniche di composizione delle controversie Individual employment (mandatory settlement and arbitration).

Text of the Bill No 1047/AS and Introductory

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Cass., Sec. A., 13.07.2006, No 15904

The Supreme Court in Sec. A. stepped in with an order in July 2006 on the division of jurisdiction between ordinary judge and administrative judge, fixing the jurisdiction of the second with respect to acts of public administration adopted "iure gestionis" .

Ordinance Text

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Combating illegal employment and accidents at work

The legislator follows the Constitutional Court in the fight against illegal employment and accidents at work. It 'came into force L. No 248, 2006 (Decree-called conversion Bersani), which, in Article. 36a, provides additional powers to the inspectors at work (front-line security) and make more transparent the costs of hiring by employers (long-term security).

Song L. No 248, 2006

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Budget - Understanding the TFR

Rome, 23/10/2006 - Government, unions and Confindustria signed the agreement on the advance to 2007 the rules for take-off of the supplementary pension (originally planned for 2008) and transfer to 'INPS Indemnity (TFR) of companies with more than 50 employees.

Text of