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
Wednesday, November 29, 2006
Friday, November 24, 2006
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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
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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
Thursday, November 23, 2006
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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
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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