WHEN 'a job is' ILLEGAL?

1) When is the 'black'? Are you a black worker when carrying out any work perfor
mance in any way (unless it is a family, volunteer or work experience) and you'r
e without a contract of employment (or contract to provide a service, for exampl
e if you have a "VAT"). Did not then a paycheck (or no bill), you are paid in ca
sh, and the authorities is unemployed. The non-EU worker without a residence per
mit is a typical case of work to black, because, until the current law remains t
hat it is not possible - even if - to take it. 2) There are various forms of irr
egular work? Yes, there may be various forms of irregular work. Excluding illega
l activities (because criminals or because, to be exercised, need special author
ization, as the medical profession for example) there are various forms of irreg
ular work, where you can find yourself involved. There is the so-called "gray wo
rk," a work which is formally regular, but that in itself contains elements of i
rregularity: different working hours (often you are working more hours than allo
wed by law), part of the payment is "envelope wages" (that is paid other than a
contract, or more often even less), is framed in a way (for example laborer or p
orter) from different tasks effectively pursuing (you are actually a skilled wor
ker or work at the hotel reception). 3) In addition to the wage when you can say
that work is partially irregular? A job can be called partially irregular if, f
or example, when performance does not meet certain standards for social security
payments or insurance, or other violations of trade union rights, particularly
since it provides the National Collective Labor Agreement (Ccnl) in on the maxim
um amount of overtime, vacation, rest and disease. Or in relation to particular
treatments relating to reimbursement of expenses, allowances, travel time to (if
it is a work that plays around the city, for example). 4) What is a work in cir
cumvention? The work avoidance is a "new type" of irregular work, linked to the
birth of contracts cd atypical. Entrepreneurs often make use of not complying wi
th employment contracts that allow you to avoid obligations and expenses (holida
ys, contributions, bonus, etc.).. The most common of these is taking a self-empl
oyed, even if you have time and tasks defined by the employer. That you are an e
mployee - but do not know - because, by definition, the self-employed do not hav
e any connections beyond the deadline by which to end his performance. Self-empl
oyed person is deducted from the salary withholding tax, or is forced to open a
VAT number and pay of his own money as a freelancer. This device is mainly used
in the "new professions", the least regulated, particularly in services, mostly
small businesses. Other common forms of work you have masked in cooperatives, in
addition to a fixed number of members, used as "stop gaps" a variable number of
people. Check if you work in black or not, it's easy, as even in cooperatives h
as provided an overview over the money pays the salary.
Another classic example of contract "circumvention" is when you are recruited co
.co.pro (contract project collaboration) to perform work typically included in t
he production cycle, with fixed hours, without any autonomy and subject to order
s from higher. It is in fact a disguised employment, which allows the employer t
o "fix the compensation" and especially to pay less social security contribution
s. The employee also atypical fewer rights and is not covered by the National Co
llective of work. Another typical example of work avoidance is associated false
false participation or part time. Finally there are the "extras" of tourism, whi
ch in theory are called daily for extraordinary requirements. While many are "ex
tras" who work every day, 365 days a year.
WHAT CAN I DO IF A BLACK WORK?
Often being cheated and robbed because you are not aware of their rights. The la
ws are complicated, but do not admit ignorance as to say that although you were
right, but did not know, are your problems. What can be done in these cases? You
can always make a case work, assisted by the union, although the time is long.
But to clarify things well is better to start from the beginning ...
The agreement made a few exceptions can be said that the assumption must always
be communicated to INPS and INAIL (and employment centers, the former employment
) within 5 days of work (in Construction communication should be done instead th
e day before). But - remember - Illegal recruitment is still valid and produces
all its effects, such as length of employment in order to calculate the salary.
If you work in a company without a contract, by law, is the host to be illegal,
while the worker has the same rights as other workers on a regular basis, from h
oliday pay during illness, protection against dismissal, etc.. Although the cont
ract was not black and white, and there has the same legal validity. The employe
r instead makes a series of offenses that go beyond the mere circumvention of th
e rules relating to: tax evasion and social contributions to start up, often non
-compliance with safety regulations and accident prevention.
Possible actions to get what I it is clear that between having a law on paper an
d his respect is a big difference, given that employers are having the knife by
the handle. If you are requesting respect for their rights, the risk of being re
dundant, most probably, is high. It will not be difficult to replace that worker
"because so many people out there waiting." Perhaps I should shut up and obey?
Certainly this is the advice giver! Not ours, not the unions and organized worke
rs. But then what?
1) The best guess is to convince the owner that it will cost to resign rather th
an put in order, perhaps with the help - if any - of the union representative in
the company,
however, and with the help of a union in this town (in every town there is a Cha
mber of Labour of the CGIL, which will help). 2) You can ask to be put in order,
knowing full well that we will fire once and then used to review and judge for
yourself reintegrate into the workplace or, as usual, to obtain the highest poss
ible compensation. The result you get depends on the number of employees that th
e company, because one of the most important laws on the subject, the Workers' S
tatute, applies only to companies with more than 15 employees. How can I sue? Th
e relationship with your teammates, you can have with your employer is important
, but there are cases where it is necessary to resort to court, as when it was f
ired. Obviously we want to make a case a lawyer. It can choose a person or refer
to a trade union, whose lawyers have followed hundreds of cases each year.
How is the cause? What is the attempt at conciliation? Before resorting to the e
mployment tribunal can groped to reconcile with or without the intervention of t
he lawyer, at a committee, attend the Provincial Department of Labour. Or a home
at the conciliation union, "a home that is made available to the National Colle
ctive Labour Contracts (Ccnl), precisely in order to reduce litigation. The reco
nciliation should almost always because the times are faster, otherwise you must
use the court. Obviously it often happens that the employer refuses to appear a
fter being summoned by the union, or offers small sums of money to close the pro
ceedings. In this case it is up to you to decide, based on the mediation proposa
l made by the employer and according to all your personal valuations (always rec
ommended that the union is helping you. He has much more experience than you in!
). There is also a new case of conciliation that monocratic, recently introduced
by the reform of inspection services in 2004. In this regard, however, see the
specific chapter at below. Failed reconciliation (because the employers did not
appear or because she refused mediation) the lawyer must submit an application b
efore the Labour Court which contains a detailed statement of facts, lists the e
vidence and witnesses in your favor (remember that then you can not add more). F
ollow the hearings after which, the judge, after hearing the parties, issued the
ruling. The Code of Procedure provides for a process duration of just two month
s, but the average duration often exceeds a year and a half to two years. If you
win you can ask to be paid immediately, even if the employer appeals. And if yo
u're willing to pay his property may be seized. For the process are important te
sts you can take, so it's the case you will collect as much as possible.
How do I prepare for a possible cause? If you're working in black and want to be
prudent, there are several precautions and tips that you can follow: 1) scored
all of the hours you work, including overtime, 2) try to make copies of all pape
r timetables, daily signatures , the plan of leave, etc.., proving your continuo
us presence in the workplace, 3) represents the amounts you receive as compensat
ion, if you pay by check please write the number, or better yet - if you can - m
ake a photocopy of everything, 4) discuss with the owner when trying to always b
e accompanied by a colleague in order to have a witness, 5) get the addresses of
colleagues so that they can find without going through the company, even if hav
e gone; 6) if you have breakfast at the bar in front of where the work or otherw
ise if you entertain often with people who work near your place of work (all peo
ple - the bartender and neighbors - who can confirm the entry and exit from 'com
pany) also noted their names and addresses may be other useful witnesses; 7) tri
es to make the case with other colleagues: a collective complaint certainly has
more weight. All this will serve to get you to do the "counting" accurate (ie kn
ow how much the employer owes you) and obviously to win the case. For any furthe
r information you can still contact the nearest office of the CGIL (see also the
site www.cgil.it) or call toll free 848-854388. Live weekdays from 14 to 18 the
cost of a local call.
THE NEW REFORM OF INSPECTION SERVICES
The past government did nothing to combat illegal employment, even encouraged hi
m in many ways, weakened the various inspection systems of INPS (National Social
Security Institute), INAIL (National Institute for Occupational Accidents) and
the Ministry of Labour. Along with numerous cuts and staff reductions in resourc
es, has launched a vast "counter" the rules of penal labor (Legislative Decree N
o. 124 of 2004). Knowing the reform of inspection services The new rules regardi
ng the reform of labor inspections are mainly characterized by the following asp
ects:
â ¢ control over all inspection services (excluding Health Care), is entrusted
so centralized and hierarchical, the Ministry of Labour and the regional and pro
vincial directorates, minimizing the autonomy of social security institutions, p
articularly INPS and INAIL.; trust the inspectors themselves, who should ensure
the proper law enforcement tasks of prevention and promotion. " That is, the ins
pectors can carry out consultations for enterprises that should be checked, for
material benefit (ie for the contributions payable to the pension and insurance)
all possible questions of workers and businesses will be forwarded to the Provi
ncial Directorates labor, which then also respond to matters within the competen
ce of other bodies, and with the new rules, records of the investigation (into t
he company as an inspector records the lessons learned in special models, a bit
'as when a policeman makes a fine) will be used direct evidence as possible and
therefore no longer necessary to repeat the investigations. First, however, the
inspector could call the employee, perhaps in your office, listen to the testimo
ny, and this proved very useful, especially for a first witness "under pressure"
of the illegal worker, for example, was in answer questions of the inspector wi
th your present employer, is establishing a new conciliation that monocratic bec
ause the presence of the union is not compulsory, but only if and then, with the
worker and the employer, there is only one official Ministry. The monocratic se
at, like all other places of arbitration (including the union, but where is comp
ulsory service worker), will be a place for transactions and withdrawals (ie onc
e the transaction is made to waive any claim).
â ¢ â ¢
â ¢
â ¢
What is worth knowing? It 'very important to know that: The new conciliation est
ablished by law and less protection for the worker, does not exclude the possibi
lity of access to other locations provided for in Article. 410 of the Code of Ci
vil Procedure and the National Collective Labor Contract. That is, the worker ca
n always refuse and say they prefer to do their reconciliation with the "older c
ommittees" of the Provincial Labour Office or at the premises established by the
national collective agreement (national collective employment contracts), where
the presence of trade unions and employee representatives is mandatory;
-
The new law provides for access to this reconciliation without a prior inspectio
n visit, but only on the worker's request (remember him because is very importan
t!) without the consent of the worker can not do a reconciliation monocratic "pr
eemptive" (ie without inspector visit the farm) during an inspection, the inspec
tor may propose to the employer and the worker to perform a reconciliation monoc
ratic. In this case, the employee will be convened at the Provincial Directorate
of Labour groped to reach a compromise on what is not paid by the employer. In
the telegram of convening the Provincial Department of Labor is required to info
rm employees who may be assisted by a trade union of his trust (because the trad
e union presence is not mandatory) the inspector is visiting a company can now -
in presence of worker's compensation claims unpaid (unpaid overtime, non-respec
t of contractual minimum, etc..) - carry a warning, against whom the employer ma
y propose the attempt at conciliation monocratic. The warning is an enforceable:
that after a certain period of time has reconciled with the employer or the emp
loyee or the employee shall give what has been quantified in the formal notice (
in these cases, the worker, who may intend to leave, may also agreed to refuse t
o reconcile and wait a little 'time to "collect" what belongs to him!) anyway, i
n response to a notice or order which has as its object the nature of employment
(eg you have been hired as a collaborator, but the inspector acknowledged that
in reality as an employee) and 30 days (or failed reconciliation), the company w
ill appeal to a new regional committee for labor relations. The difference betwe
en old and new committees is basically a: Committees INPS was attended by repres
entatives of all major unions, while in this new committee will be integrated wi
thin 30 days (and for each application containing the subject type employment co
ntract) only one representative of employers and a representative of trade union
s comparatively representative.
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What if an inspector comes to business or - even without visiting - if I may con
vene a conciliation monocratic?
We believe that useful signal:
â ¢ you can (and recommend) make the offices of the CGIL disputes all over the
country (see website www.cgil.it);
â ¢ By law you can follow the following "behavior":
First case: during the course of an inspection visit, you have given your consen
t to conciliation and monocratic - when you contact the CGIL disputes - have not
yet received formal notice to appear at the Provincial Directorate of Labour. Wh
at to do? In this case you will be formalized soon, at the office nearest disput
es and the recognition of a proxy representation and legal protection. The CGIL
then inform the competent authority that the Provincial Labour delegation and th
e initiation of conciliation proceedings under the laws of contractual and / or
art. 410 C. P. C requesting the Provincial Department of Labor to delay the init
iation of conciliation monocratic (doing so in a way that no conciliation downwa
rd against the worker).
Second case: you have already received notice to appear before the Provincial De
partment of Labour to carry out the reconciliation monocratic. What to do? First
of all you can formalize the recognition of delegates to represent and protect
your nearest Office disputes, then you can ask the inspector to notify CGIL pref
erence given to you by other sites conciliation having the same legal value, and
/ or pass the terms under the law without presenting, with completion immediate
ly after the conciliation in the union, in the manner and on schedule by the var
ious Negotiable (national labor contract), with the time needed for the correct
count should be.
Third case: you've already reconciled within monocratic, feeling cheated on econ
omic aspects (indemnity, or other extraordinary events). What to do? Again you c
an contact the Offices Disputes and the union, you will, together with a CGIL re
presentative, undertake a careful evaluation and counting, in relation to the "w
hat" and "how" has been such reconciliation may not be assisted, with particular
attention all'inderogabilitÀ rights not available (social security contributio
ns, etc.)..€In this case you need to know - and adjust with particular caution
- that the only area of intervention relates to the conduct of legal assistance
in good or bad faith, fraud, omission taken by the inspector or official of the
Provincial Labour Office who chaired and coordinated conciliation. Or for formal
technical defects.
Fourth case: the worker is "earnestly requested" to go to conciliation prior mon
ocratic (initiated by the officer / inspector of the Provincial Department of La
bour is, without on-site visit, it is important to remember that it can only be
done at the request of the person concerned or on request trade unions which gav
e a mandate). What to do? Always using the CGIL you can still assist in the conc
iliation monocratic in order to verify the correctness of the transaction and ge
t advice on a possible alternative to a lawsuit settlement.
Finally, remember that 1 - is not the subject of possible resignation and the tr
ansaction is incorrect or the difference in quality of employment (if you're a f
ake employee or a false self-employed person must
apply to the court for recognition of the real case, knowing that they are the r
eal characteristics of the work that make the type of contract!) the law (and th
e constitution) qualify some rights as inalienable, that is, rights that can not
be waived even if you had agreed to private. Among these rights are mandatory p
ension contributions, the employee severance indemnity (TFR), vacation and rest.
For more information, to know the proposals of the CGIL to combat illegal employ
ment, to download free guides in more languages see the website: www.nolavoroner
o.it
HOW TO READ THE PAY ENVELOPE
If we receive each month, the paycheck does not mean that the employer does not
"doing the smart." We try to understand, then, the various items in your paychec
k to see if we are taking our rightful salary. Within the document, each month t
he employer must give you, the elements that appear monthly meet obligations tha
t the employer must comply, and which are as follows: 1) That the remuneration t
he worker receives each month. It consists of a fixed and a variable. The fixed
salary consists of basic pay or minimum or minimum contract. E 'is essentially t
he minimum salaries established for each category by the National Collective Lab
our Contracts (Ccnl). To determine which is the Ccnl about you go to the website
 of the CGIL www.cgil.it or ask information to the nearest Labour Centre to thes
e voices also adds the superminimum, share of wages that is paid to the employee
in addition to basic pay and contingency. The variable part is formed instead o
f elements that vary in different months of the year, as the amounts due to over
time, family allowances and allowances, generally calculated as a percentage of
the minimum table or a fixed rate. The variable also belong to the thirteenth an
d fourteenth month sometimes. The increase in economic benefits because each hou
r of overtime, as well as various allowances are included in the national collec
tive agreement applied to the area where the works. Remember also to be paid als
o leave not taken. 2) Taxes As regards the amount payable to the State to pay in
come tax, this amount is calculated by applying a series of income brackets and
the rates of taxation (rates) the amount consists of the gross income minus dedu
ctions social security and family allowances. 3) Social security contributions A
nother element of payroll deductions is on for retirement. For employees of priv
ate companies, artisans, merchants, the body that deals on
INPS pensions, which the employer must pay a monthly fee deducted from their pay
for each person under its authority. Contributions are paid on a fixed percenta
ge as received by the worker. Therefore if you are paid less than what it is you
, it means that your employer is paying social security contributions also lower
. Another entity which you contribute and INAIL, whose share, paid by the employ
er, shall be calculated on the basis of actual danger and risk of assigned dutie
s. INAIL its mission to protect and support anti accident of the worker. It 'ver
y important.
By Dept. of Active Labour Policies CGIL National
Translation by Language Point