Law 183 introduces a series of posts and legal loopholes that r ender the lives of workers atypical hard. It will be almost impossible to challenge in court his contract of employment
Those who have had poor experiences professional knows that having good relations with key is crucial. I will renew the contract? I will extend it? I will take an indefinite period? First, then or ever? Are some questions that plague the daily atypical worker. But now, who is in limbo between the time a contract expired and one that perhaps will - co.co.pro, collaboration, or temporary - is at a crossroads. Entered into force today the law 183 of 2010, better known as "Connected work."
was. The old law guaranteed years to those who wished to sue his former employer (the classical case, for the precarious, is where you will be used as "employees" even if si fa un lavoro da dipendenti a tutti gli effetti). Con il Collegato lavoro, l’arco di tempo entro il quale si può fare causa al proprio datore di lavoro diventa di 60 giorni : o ci si muove per tempo, o dopo non si può più rivendicare nessun diritto (era una disposizione già prevista per i contratti a tempo determinato ora allargate anche agli altri contratti).
CHI PUO’ FARE CAUSA. Per tutti i rapporti di lavoro terminati prima del novembre 2010 (oggi), quindi, si potrà fare causa entro il 23 gennaio. Per i contratti che scadranno in futuro, si avranno sempre e comunque solo 60 giorni di tempo, e poco importa se, magari, si aspetta un nuovo contratto proprio dal datore work that is to be brought to court.
BLACKMAIL CERTIFICATE. "Law 183 closes the vicious circle that had opened in 1997 with our package Treu." It is believed Massimo Laratro , one of the avocation of the work of the pool of legal San Precarious , the collective for over 10 years dealing with rights and insecurity. "Treu had introduced the first forms of flexible working and agency in 1997, Marco Biagi, Law 30 of 2003 had codified the instability with a series of atypical contracts and today, with the related work, the legislature is to hit the precarious even at a procedural level. Blackmail which the employee was subjected atypical first was implication, is certified today. "
According to lawyers in San Precarious, the new law makes it almost impossible for workers to sue companies when contract terms are believed to be incorrect. It 'a real rosary - the loopholes, exceptions, scheduling, imbalance of forces in the field - the shelling to receive recognition of their rights.
PERIODS OF NOT WORKING. "Today I was in court for two cases of work and, in the light of new legislation, have both been postponed," said Matthew Paulli , one of the lawyers in the pool. "It takes months, even years, to know whether a employment contract is actionable. " It explains: "The collaboration between a temporary and one can have periods not exceeding two months, a job well - continues Paulli - An employer may tell his employee to renew his contract, letting the famous 60 61st day and not renewing it to him. At that point the precarious is over, is cuckolded and dealer. "
multiple contracts. Not only that, there is also a trap for contractors "multiple": "If an employee has been with the same company a large number of collaborations, such as five contracts last year, may contest always known that 60 days have elapsed. It 'so obvious that may contest only the last o. It will have much less chance of winning, "said Massimo Laratro. So this is the word of the employee against that of the chief. "Given that during the hearing, the employer must demonstrate the 'temporary' employment, if the case concerns a contract for only two months instead of five or six employees, has smoothed the way."
DANGERS BEFORE SIGNING. The perils do not end here. The other two new very unpalatable to the lawyers of San Precario are "certification report work "and" arbitration clause "in case of an appeal. At the rooms of the work will be set up "committees certificates" that will be responsible for affixing their seal on the validity of a particular employment relationship. "I will assume a contract with a project, I turn to the committee that the contract stamping as legitimate and you can never do more against me because - says Laratro - This will not only certify the report, but also the willingness an employee who is clearly not in a position to refuse because maybe he is seeking employment for months. "
ARBITRATION . The arbitration instead gives the opportunity to the employer to include a clause that says that if a problem occurs the employee will pay a commission to arbitration rather than courts. "With this rule is to clear the court's intervention," the lawyers say.
ALLOWANCE 'FORMER . Finally there is the issue of compensation. Before Law 183, if an employee wins the case against his employer, he was obliged to "recognize loss of earnings", ie to pay all salaries up where he left home. Now, if the company loses in court will be required only to pay a former employee who will be a minimum of 2.5 to a maximum of 12 months. "And if the process goes on for three years and the employee throughout the period of staying at home?" They are asking the lawyers of San precarious.
DISMISSAL HEARING. And yet, the last Gabola. There's dismissal "oral". By law the dismissal must be communicated in writing, if communicated orally, is invalid. But now the end of 60 days will also apply to the "oral redundancies." If an employer will argue that the dismissal there was before the date specified by the employee (and well before the sixty days to do), just to find witnesses complacent to stop the process.
LA CGIL: SUPPORT 'EXTRAORDINARY . The CGIL is turned all the way against the related work. Not only is committed to weeks to distribute literature, has launched an appeal to major media organizations. Also ensures that "all legal departments of confederaizone, all doors immigrants, all the facilities of the House category of work will be undertaken over the next sixty days of extraordinary advice and protection initiative." A commitment to stop militants San Precarious judge late. "The measure in Parliament for two years. Where was the CGIL in all this time? "Asks Massimo Laratro.
NO RIGHT . the final blow to the precarious and their dignity is now launched. We speak from years of "flexicurity " to ensure and support the welfare state even temporary workers. In the end, however, ended the open-loop by Treu: courts can not guarantee the rights of workers violated atypical
0 comments:
Post a Comment