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Labour Laws
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National Laws Repealing of the 217/83 Outline Law The 29th March 2001 Law : Reform of the National Legislation on Tourism. Constitutional law n° 3 of October 18th Section 117 of the Constitution gives the Region power to make Laws on Tourism. The 13th September 2002 Law enforces the 135/2002 law: Outline Law to enhance and upgrade tourism
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Regional Laws Hygiene on the Specific regulations for Hotels
Fire prevention Specific regulations for Hotels Hygiene on the place of work n°1084 law Specific regulations for travel businesses Legislative Decree n°206/2005 In Italy consumer’s protection is entrusted to public bodies which must ensure the proper enforcement of existing laws.
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The Public Tourist Organization
The main organizations for management and planning in tourism are: At National level: the State-Regions Conference and the General Management for Tourism; At local level: Regions and other local authorities;
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There are also autonomous bodies and Institutions with specific tasks
At National level: ENIT At local level: APT
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Sections of the 135 law (29th March 2001)
Foundamental Principles Skills National tourism conference Rights charters of the tourist Local tourist systems Co-financing of the tourism fund Business and professions in tourism Changes to R.D. 773/1931 Simplifications Loan and tourist saving
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the employment relationship is characterized by many legal situations
the employment relationship is characterized by many legal situations The main are obligations on the part of the employer's wage obligations on the part of the employee's work performance which comprises:
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workplace:is determined in the contract, may be changed by the employer.
time of performance of work:8 hours daily, 40 weekly. You can do 2 hours of overtime per day and 12 hours per week rest, vacation, holidays: the worker is entitled to a daily rest period of at least 11 consecutive hours and breaks of not less than 10 minutes during the work for occupations that require more than 6 hours. weekly rest must be given every 7 days, however, should not be in coincidence with Sunday. The vacation must be at least 4 weeks and must be paid
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Termination of employment may occur by different causes:
End of Contract Resignation , be comunicated in Advance retirement Consensual Resolution dismissal The employer may dismiss: for good cause (dismissal without notice,used in several cases) just cause (dismissal with notice)
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Remuneration the work must be paid in proportion to the work and must be sufficient to have a dignified life and free Maternity When the domestic worker is pregnant, taking the guarantees for the protection of motherhood. The protection is not required by law but by the collective agreement. - during the two months before the expected date of childbirth; - during the period from the due date to the actual date of delivery; - during the three months following childbirth. During the period of absence required the employee is entitled to maternity allowance paid by INPS, representing 80% of salary.
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Working condition
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Working condition management of any employee or company is governed by the Collective Bargaining. The contracts are concluded between trade unions and employers’ associations. In tourism there are several Collective Bargaining. These contracts refer to: Hotels; Outdoor touristic receptive-complex Pubblic businesses Bathing establishment Daytime Hotels Tour Operators Seaport and resorts Collecting Bargaining are classified according to eight levels. It’s possible to stipulate other types of contracts between employer and employed, like Individual contract of job.
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Intermittent contract: Part-time contract:
Other possible types of contracts are: Intermittent contract: Part-time contract: The employer uses the employed works for one worker when it’s half-day. It can be Necessary, on stated stipulated permanent or days or periods in the fixed term contract. Week This contract can be: Horizontal (with half-hour every day of the week) Vertical (sometimes the employed works for half-day) Mixed (a combination of horizontal and vertical)
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And.. Training: These contracts are Stipulated during summer holiday for students. They last for three months and the salary is 600€ at the most. Fixed term contract and permanent contract, the former cannot last for more than 3 years.
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Working documents
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When hired a worker must give to his employer the following documents and employer must issue a receipt. The Tax Code It’s a document composed of letters and Numbers which identifies citizens The identity card It’s a personal identification document Which contains personal data and others Data( the marital status, the citizenship Etc..). It’s useful for identifying a person. It use varie from State to State according to Their regolations Tax Return It’s an accounting document where the citizien,through this, comunicates how much he earned or rathes his income.
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Family status It’s the certificate issued by the registry office listing people living in the same house or related by marriage or kinship Personal data file It’s contains the worker’s experiences and professional training and education Health certificate If an employee is ill He must give the health certificate to the company where He works. These documents are in a book called «matricola» which contains all the workers’ data. The employer however has the duty to report within five days from worker’s hiring, the following data: - The worker’s name and surname Hiring data Type of contract
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