Install A Floor In A Boat

Action seniority, ruling in January 2010 and FLC-CGIL trade union action.

Judgement No. 1222/2009

ITALIAN REPUBLIC IN THE NAME OF THE ITALIAN PEOPLE
ORDINARY COURT OF LIVORNO - SECTION WORK
single judge in the person of Dr. Jacqueline Monica MAGI gives the following Judgement in Civil Case No. enrolled in Grade I 658/2009 RG promoted by: omission against:
MINISTRY OF EDUCATION AND RESEARCH UNIVERSITY - DEFENDANT DEFAULT
PROVINICIALE EDUCATION OFFICE OF LIVORNO IN PERSON IN CHARGE OF THE EXECUTIVE

address for service in C / O Director of Education - LIVORNO at and study Att. ANGELO PAGLIARO that represents and defends; AGREED
By application filed on 29.04.2009 in the header applicants sued the Ministry of Education and the Provincial Education Office in Livorno before the Judge of the Labour Court to declare Livorno asking the applicants' right to the recognition of the shots from the beginning of seniority pay a fixed-term employment relationship with its condemnation of the administration to pay of the sum, plus interest on the amounts by individual legal deadlines in the balance.
that end the applicant states the following:
- are all employees of the Ministry agreed with fixed-term employment contract and did not receive, under that contract, with no seniority on pay progression over the years elapsed;
- that this leads to unequal treatment with permanent workers, as pointed out by the European Court of Justice in its ruling of 13.09.2007, in violation of EU guidelines and the Constitution of the Italian Republic Article. 3 and has already resulted in judgments of merit in the sense applied here by the applicants.
The Ministry of Education and Provincial Education Office of Livorno were in court seeking the dismissal of the plaintiff's claim as unfounded in fact and in law.
exposed the defendants that the rules are the main reference in the field of collective bargaining agreements in the sector, which succeeds in the face of the conflicting sources of law and that the sector does not say CCNL in respect of seniority for temporary contracts , not to mention that right now claimed by the applicants. The process was trained by means of productions documented do not require further investigation. At the hearing on 26.11.2009
first case was discussed and the court issued that ruling was read after the parties had departed.
should consider the reality of fixed-term temporary workers who are working with a number of contracts but in fact continued, never be given the right to a salary step, in contrast to fellow employees on permanent contracts, who enjoy regularly. This situation generates an undeniable
of different treatment between the first and second, different treatment is not justified by inequality in the provision provided by employees, the manner or the duration thereof, which are identical, although governed by different contracts, some temporary and others permanent. This also appears clearly at odds with the ruling of the European Court of Justice of 09.13.2007 and is justified in the light of collective bargaining under the primary restraint.
Such bargaining, however, it is common ground that can not be in conflict with mandatory rules that must be considered the Italian Constitution which enshrines the principle of equality art. 3.
In light of this principle is the anomalous situation that occurs in unstable since we see a repeat of a series of fixed-term contracts instead of a permanent contract.
Failure prediction of seniority does not prevent you recognize on the basis of general principles of equality and adequate remuneration, as enshrined in our Constitution, Art. 3:36.
For these reasons the appeal must be upheld and steps must be recognized.
expenses borne by the losing party. PQM

definitely saying hereby:
l) allow the appeal and for the effect condemns the administration agreed to pay the respective amounts corresponding to the establishment applicants' right to receive recognition from the PA's shots from the beginning of seniority pay employment, plus interest.
2) Fees payable by the losing party paid in a lump sum of € 3,500.00 in fees for € 1.700.00 plus VAT and CAP as per law.
Livorno, there
11/26/2009 Filed in Chancery 13 January 2010

the first appeals were submitted for recognition of seniority in favor of the permanent staff of the school. Over a year ago, we launched this national labor dispute to get your application in our country of an important Court of Justice that deals with the case of English workers, aveva stabilito la parità di trattamento tra lavoratori sotto il profilo dell’anzianità e del diritto alla carriera. Si tratta dei primi ricorsi cui ne seguiranno molti altri, tenuto conto che migliaia di tentativi obbligatori di conciliazione hanno già avuto esito negativo: il MIUR non ha voluto adeguarsi alle decisioni della Corte di giustizia europea già in sede di conciliazione, costringendo questi lavoratori a rivolgersi al giudice del lavoro per ottenere giustizia. Siamo di fronte a un datore di lavoro, il MIUR, che da anni sfrutta migliaia di docenti e ATA senza riconoscergli i diritti che stanno alla base del rapporto di lavoro: carriera e avanzamento nello stipendio. Eppure questi lavoratori hanno gli stessi requisiti professionali, culturali and perform the same functions as their permanent colleagues. The Ministry has set a salary adjustment to the teachers in charge of religion in the CCNL but at the same time ignoring the several open disputes in relation to the recognition of service for teachers and Ata precarious.

We are facing an employer who selects which slopes are to be placed immediately and for which, on the contrary, forcing employees to face a long and expensive litigation through the different degrees of justice.
There is a problem of fairness in the employer, in this case the state should take responsibility because that affects the rights and professional motivation. MIUR is in line with the times and the decree Brunetta: sidedness and partiality.
this regard, the FLC has instead a very clear idea: workers are entitled to equal rights. Platforms contractual all'ARAN submitted last December 22 when the show indicate the priority objectives of the next renewal of the recognition of seniority and the right career for permanent staff.

The permanent staff who had not yet submitted its application, may apply to the headquarters of FLC CGIL Sassari, Via Rockefeller, 35 on Monday, Wednesday and Friday from 16.30 to 19.00.