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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