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L. December 24, 2007, No 244 - Article 3, c. 79

L. December 24, 2007, No 244
Provisions for the formation of the annual budget and multi-state (Finance Act 2008)

Article 3

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79. Article 36 of Legislative Decree 30 March 2001, No 165, reads as follows:
'Art 36. - (Use of flexible employment contracts). - 1. The government only take on contracts of employment for an indefinite period and shall not benefit w other contractual arrangements, flexible working under the Civil Code and the laws on employment activities in the company if not for seasonal requirements or for periods not exceeding three months, subject to the replacements for maternity in relation to territorial autonomy. The measure of employment must specify the name of the person to replace.
2. In no event shall be no renewal of the contract or the use of that worker with another type of contract.
3. The government needs to meet temporary and exceptional through the temporary assignment of personnel from other administrations for a period not exceeding six months, not renewable.
4. The provisions referred to in paragraphs 1, 2 and 3 may not be waived by collective bargaining.
5. The government shall provide to the Presidency of the Council of Ministers - Department of Public Service and the Ministry of Economy and Finance - State General Accounting Department of the conventions relating to the use of socially useful workers.
6. In any case, the violation of mandatory provisions on the recruitment or employment of workers by public authorities can not justify the establishment of a permanent working relationship with those public authorities, subject all liability and penalty. The employee shall be entitled to compensation for damage resulting from work performed in violation of mandatory provisions. The authorities are obliged to recover the sums paid on that basis against the managers, where the breach is due to willful misconduct or gross negligence. The general government operating in violation of the provisions of this article can not make assumptions on any grounds for three years of the above violation.
7. The provisions of this Article shall not apply to the offices referred to in Article 14, paragraph 2 of this decree, and the offices of Article 90 of the consolidated text referred to Legislative Decree 18 August 2000, No 267. Also excluded are contracts relating to management positions and the preposition are members of management, advisory and control of government, including operating organizations for the purposes of Article 1 of Law May 17, 1999, No 144.
8. For the implementation of programs and projects for the protection and enhancement of marine protected areas in the law December 31, 1982, No 979, and 6 December 1991, n. 394, the National Park of La Maddalena, of the Law of 4 January 1994, no 10, and the institutions charged with the management to Article 2, paragraph 37 of the Law of 9 December 1998, n. 426, as amended, are hereby authorized, notwithstanding any other provision, to recruit staff with employment contracts for a specified period of up to two years may be renewable in the total quota set by law and apportioned among the institutions concerned with Decree of the Minister for reforms and innovations in public administration, proposed by the Minister of the Environment, Land and sea, in consultation with the Minister of Economy and Finance. In the first application, except that the quota is set at one hundred and fifty units of personnel management to ensure that coverage is a priority, with the transformation of working relationships with operators currently used flexible work contracts.
9. Local authorities are not subject to the internal stability pact and still have a staffing of not more than fifteen units may use contractual forms of flexible working not only for the purposes of paragraph 1, to replace absent workers and which also has the right to retain the post, provided the employment contract term that the name of the worker replaced and the cause of his replacement.
10. Institutions Health Service national, in connection with the medical staff, with exclusive reference to the figures infungibili, nursing staff and support staff at the nursing care, may use contractual forms of flexible working not only for the purposes of paragraph 1, to replace of workers who are absent or whose service was terminated only in cases where urgent recourse and needs related to the postponed delivery of essential assistance levels, consistent with the constraints set on the containment of personnel costs in Article 1, paragraph 565, Law 27 December 2006, no 296.
11. Governments can make use of contracts flexible work arrangements for the conduct of programs or activities whose costs are financed by EU funds and the Fund for underdeveloped areas. Universities and research institutions can take advantage of flexible work contracts for the conduct of research projects and technological innovation whose costs are not charged to the operating budgets of agencies or institutions for financing of the Fund or the Fund's financing of the universities. The bodies of the National Health Service can make use of flexible work contracts for the conduct of research projects funded in the manner specified in Article 1, paragraph 565, letter b), second sentence, Law of 27 December 2006, no 296. The use of workers with whom you are contracted for in this paragraph for purposes other than determining administrative responsibility of the manager and the project manager. Violation of these provisions is cause for revocation of the measure. "
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