60 days to further appeal the court and after 270 days for filing the appeal in cases of:
- dismissal, even in cases of invalidity and ineffectiveness (eg in cases of dismissal null and void because in violation of the protection of motherhood or discriminatory), as in cases of dismissal which involve the resolution of issues concerning the qualification of the employment relationship or the legitimacy of the term applied to the contract;
- the coordinated and continuous collaboration or project where the employer (client) withdraws from the contract
- the transfers of the registered
- the actions of nullity of contracts (including those already expired)
- the supply of labor contract under Article 2112 of the Civil Code (sale of business or branch company)
- all other cases in which requests the establishment of an employment relationship ol'accertamento in relation to a person other than the holder of the contract (eg irregular administration).
While the new legislation is broadly pejorative, it alters radically negative in particular the situation of workers and temporary workers.
Until the entry into force of the Linked Work was possible to challenge the precarious employment contracts and to challenge any irregularities, after the expiry of the contract without limits of time. In this way, the particular situation of temporary workers that at the expiry of an employment relationship, first of all hope in a renewed or bring suit only if it is not there. The Connected job introducing very strict terms, is, however, as has been noted as a "permanent amnesty" in relation to abuses by employers.
It is extremely serious that these terms cover, even retroactively, to the employment relationships which have already expired. In essence, when the law comes into force, hundreds of thousands of temporary workers, which could have unlimited time to sue, alleging irregularities of their employment, if not act within 60 days, will be forever deprived of this right.
WHAT TO DO?
How Nanni Alleva said in the article on Liberation and other lawyers as Carlo Guglielmi, just the frontal attack that is brought, can and should be an opportunity to start a mass campaign of information and organization of workers precarious. In particular, given to workers and workers who have been holding a precarious employment relationship, are challenging because within 60 days of their contract.
HOW TO DO IT:
1) publicity material
It 'clear that a campaign of leafleting, banquets, etc.. can only begin today, after publication of the Labor Linked to clearly state the deadline expires.
All the material produced will indicate what is the last useful date for the appeal as does the attached flyer.
21gennaio The date of expiry of the advances in reality one day, it is better to put an end a bit 'shorter in view of the fact that 22 on a Saturday.
The attached flyer also indicates clearly what the contracts concerned and what you can get dall'impugnazione of the contract and the recognition of the same irregularities. In the case of workers in the long term if it is recognized the invalidity of the term applied to the contract, it is the transformation of the relationship of indefinite duration and payment of compensation not exceeding 12 months' pay (in this case the situation has drastically deteriorated with the related work with respect to previous legislation, which recognized the right to full compensation for damage). In the case of other contracts you can still get a substantial compensation.
It 'important that the material is accurate, because while we should not scruple to make special contracts in challenging, because as was rightly pointed out 90% of temporary contracts contain irregularities, should not raise false expectations with respect to the stabilization of employment. In a leaflet left blank to be filled locally.
Subject to the state of our finances we are also considering the release of a manifesto, in the event, will be distributed at the congress of the Federation of the Left.
2) The letter of appeal of the contract and the network of local support.
It 'important that from now on territories programs in relation to the initiative is fielded press conferences, places in which to do banquets and leaflets, both in relation to building a support network . In particular, will be activated comrades and lawyers who can follow the issue. However, with regard in particular to the first act to be done, we will also standard forms in the week. In fact, the thing that must be made within 60 days simply by sending the employee of a registered letter return to the employer, which can also be compiled on the basis of those forms. While it is absolutely necessary from now equip the legal network for the subsequent application was lodged, following in 270 days. The companion that will follow from a legal perspective to the national campaign is Richard Farabaugh ( riccardofaranda@virgilio.it e-mail address is being protected from spam bots, you need JavaScript enabled to view it riccardofaranda@gmail.com e-mail protected from spam bots, you need JavaScript enabled to view it) and we ask you to tell us that we will identify local contacts in order to better circulate information and coordinate work.
3) FOR THOSE WHO DO SO.
meanwhile believe that PRC Communist International and the Federation of the Left should do this campaign with great determination. Why can not we accept that hundreds of thousands of people, mostly young men and women lose their rights without opposition. And because this can also be an opportunity to get in touch with many workers who lost their live in precarious condition of solitude and try to build new ways of organizing.
should also know that fortunately we are not alone with this desire to move. Yes are moving in this direction: the CGIL, the base unions, various associations of lawyers and jurists Democrats.
So we are testing the possibilities of convergence, which can range from the establishment of joint committee to the fact that although each moving on its own people is a common logo, recognizable by those who receive the leaflets produced by the different forces. However, as far as we are concerned we are preparing for just any material.
E 'obvious to everyone also assumes particular importance on this issue activation in particular youth organizations Youth Communistic @, which on their site have already published a manifesto target (which will be developed with an indication of maturity) and FGCI.
course on different sites - the Party, the Young @ communistic, the Federation of the Left .. -Will be published all the material useful.
Fraternal Greetings
Roberta Fantozzi
Manager Labor and Welfare PRC
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