San Marino. Csdl: “Litigation risk on temporary and temporary work”
“There is a risk of triggering a completely useless containment on temporary work and temporary work”.
The San Marino Confederation of Laborunderlining in a statement that “the unemployment rate, which fell to 2.69% in May of this year, is among the lowest in recent decades, while the domestic employment situation is perhaps even better than the roaring years of the ‘San Marino from drink ‘, but despite numbers, already disclosed, which are approaching a situation of almost full employment, the competent secretariat of state, evidently to follow up on previous announcements on a political level, has presented a draft law to reform the market work, for which the CSDL does not see the need, if not limited to some aspects “.
“Among the questions that absolutely do not need to put a hand, there are temporary work and fixed time – declares the CSDL -. Moreover, after having signed the contracts of industry and crafts, the parties are committed to drafting the consolidated text: in this regard, in the contractual texts signed at the time there are the regulations on fixed-term work and temporary work that they were agreed after the great strikes of 2005. So the rules on fixed-term contracts and temporary work are not only legislative rules, but also contractual ones, the current ones obviously derive from the law of the time ”.
This reform hypothesis, warns the San Marino trade union, “therefore risks complicating the definition of the consolidated text of signed contracts, which must be approved by all workers in order for them to be valid erga omnes, or to be effective for all workers and for all companies in the sector “. Also for this reason the hope is that “these points will be set aside, in the absence of an agreement between the parties”.
Other issues inherent to the labor market actually “need interventions: the first of all is the inclusion of invalids and disabled people into work, this is an objective that in the previous legislatures we have also tried to pursue; in fact, some of the unemployed are people with disabilities, who should be entitled to a job by law, which instead is not recognized, because companies do not comply with this legislative obligation “.
At the same time, “a better definition of the role of shareholders and directors that operates within companies is necessary; today those on pay are considered subordinate workers and this in some cases is actually an anomaly ”.
Furthermore, “it is necessary to define a specific discipline for companies that do not have employees; there seems to be a willingness to tackle the subject: if a company has a turnover, there must be someone who ensures its operation. Companies already do not pay the, most of the times they declare to be at a loss, and they do not even pay the taxes on the income of the shareholders or these administrators who, evidently, work there; if the discussion is concentrated on these latter topics, we can also find a meeting point, while on the other two issues, fixed term and temporary work, the risk is to trigger a dispute that is not needed “.
In recent days’ meeting on the draft law, “a discussion has also developed on other points, including the possibility for a worker to be ‘hired’ by an elderly or non self-sufficient family member who needs to be cared for; however, the tax and contribution treatment to which it would be subject is not declined, so there is a gap that must be filled; we take note of the will to meet this need expressed by families; in fact, there are people who lose their jobs in old age, and make themselves available to be an assistant to a parent or close parent. The contractual aspects must necessarily be defined for them “.
One of the aspects addressed is “the revision of the rules relating to the definition of employer and employee; it will be necessary to regulate the activity carried out by the shareholder / director, also establishing which category to refer to for tax and contribution purposes, given that these are very different regimes “.
Another rule discussed is that concerning “non-Shengen workers employed in San Marino, who currently have to interrupt their employment relationship for a month every year: there is the will to overcome this absurdity, but the possibility of having a contract would be precluded for an indefinite period “. The CSDL” strongly supports the right for all workers to a stable employment relationship, naturally including non-Shengen workers: it would seem more logical, given that the point is the political will not to recognize residence in these workers, link the right to work to stay in San Marino, or its forfeiture at the time of any interruption of the residence permit. In other words, in the face of a ‘hypothetical’ public interest, it cannot be left to the employer has the power to renew the employment contract or not! “.
At the same time, “we want to totally overcome the prohibition on the intermediation of labor, currently the exclusive competence of the Labor Office: a proposal that sees the CSDL absolutely against it; lawyers, accountants and temporary employment agencies, trade associations and trade unions are identified as persons authorized to carry out this activity. Given that we are not at all interested in selecting in favor of companies, to hypothesize that these subjects know the production processes to the point of being able to identify the unemployed best suited to their skills leaves us somewhat dumbfounded; it is clear that what would make the difference derives from personal rather than professional ones “.
The fact that reporting a worker to a company “is still a criminal offense, and that this must be corrected, is one thing, but another is to allow the selection of personnel, moreover for profit; we cannot forget when, before the trade union battles of 2005, workers found and lost jobs almost exclusively through temporary agencies, without even having the pleasure of knowing their real employer, while the public office only played the role of notary “.
Lastly, the San Marino trade union guarantees in the next meetings on the labor market, “the controversial points mentioned above, fixed-term and temporary work, which will certainly warm the spirits, and on which the CSDL will maintain its positions will be addressed”.