The temporary redundancy fund is riddled with holes, #inps

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article by the lawyer Dario Rossi

“A judgment of the Genoa Tribunal (272/2015 dated 3/4/2015) has declared illegitimate the sacking of an employee from a call centre company.
The sacking happened in June 2013 and it was part of an action affecting 100 operators working in the Genoa office that closed up shop.
The company, Call & Call has a lot of offices all over Italy. The office in Genoa was formally a separate company of the type defined by the letters (s.a.s) whereas the others were of the type defined by the letters (s.r.l.). But there was no basic difference between the different companies and they all worked closely together and managed the same set of clients.
While the company in Genoa was getting rid of 100 operators, the office in La Spezia was taking on about 1000.
The judge said that the sacking was not legitimate because he said that the company, Call & Call, is a single company with a number of offices and he ruled that the sacking procedure was invalid because the company should have examined the possibility of taking on the Genoa staff in other locations before going ahead with letting them go.

What has INPS got to do with this? The Genoa office of Call & Call made 100 employees temporarily redundant from December 2010 to June 2013. So that means for 2 and a half years they were receiving money from the Temporary Redundancy Fund. After they were all sacked, the employees received an unemployment allowance for about two years. I believe that the overall cost of the operation for INPS could be around 4 to 5 million euro.
Meanwhile at a national level, the company has multiplied not only its turnover, but also the number of its employees and offices and it has positioned 100 employees from Genoa to be supported by the state while taking on the same number elsewhere with employment conditions that were evidently more favourable to the employer.

Everybody knew what was happening. This included the trade unions, the region (that approved the request for an exemption), and the city of Genoa. But no one objected. There’s widespread tolerance of this sort of behaviour.
In the last few days, Call & Call has been getting rid of staff in its Milan office and taking on other staff in the south. This is facilitated by the new “jobs act”. Once more, in this case, it is the state that is providing the money to recruit people under the Jobs Act.
INPS has no money, but it is using money without much bother, to finance unrestrained commercial policies. This is going on amidst the silence of the trade unions and the administrators that are tolerating everything.

This is not an isolated case. It is widespread practice.
As I deal with employment law specifically in the goods transport industry, I often see companies making their staff redundant. They do this to those who were taken on with Italian work contracts. These are then substituted with Polish or Romanian drivers who are even brought to Italy in buses. There are companies that keep their onboard staff in a pool of redundant staff for years. These are substituted by people who are formally recruited abroad, but they start and end their period of employment in Italy.
Other companies use the personnel of dummy affiliated companies that simply carry out staff management functions. The vehicles are owned by the “mother” company that hires them out without drivers to the affiliated companies that then provide their own drivers. The affiliated companies have a short life-span of a few years and then they have a financial crisis and close down. All their employees are made redundant. At this point, the “mother” company opens up another dummy company that takes on all the employees who’ve been made redundant - and it gets the money made available by the state to take on redundant workers.
There are drivers that have formally changed employers three times even though they are working on the same set of vehicles belonging to the same company. But they do not have continuity of service." Dario Rossi

Posted on May 24, 2015 at 04:08 PM in | Post a comment | ListenListen
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Anti Equitalia Help points

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In Cagliari we have started up the place to “Get help dealing with Equitalia”. This is the first of many in Italy. Anyone who feels oppressed by the burden of taxes can turn to one of these places. A place where tears can be brushed away and people are given the strength to start again.

Carlo Sibilia, M5S spokesperson in the Lower House:
OK. Here we are at last. We have set up this first listening point that we’ve called an "Anti Equitalia Help point". It’s here where citizens can come with their queries about their tax demands and learn about how to decipher what’s written and understand what is being demanded by an such an oppressive body as Equitalia. They can bring the documentation and talk to activists, to real people even to professionals who are giving up their time to lend a hand. They are lending a hand - but the State has withdrawn that hand and right now is just using that hand to beat people up.

VIDEO Carlo Sibilia presents the first Anti Equitalia Help point

Equitalia is an organisation that only harasses helpless citizens, that are not the tax dodgers. Those who are harassed by Equitalia declare everything about what they owe to the tax authorities. They are not tax dodgers. But today, people are simply saying to Equitalia and to the State: "I either pay you or I don’t have anything to eat at the end of the month". In July 2014, the M5S put forward the proposal to abolish Equitalia, and transfer its duties to the “Agenzia delle Entrate” {Italian Revenue Agency} and make the function of collecting taxes something with a human face, and not a mechanised procedure as Equitalia wants. However the M5S’s proposed law 22/99 bearing the signature of Azzurra Cancelleri was turned down, rejected by all the parties who simply decided not to reform Equitalia and get rid of all four articles of the law. This is something awful and we can no longer tolerate this situation - so where the State doesn’t arrive, the M5S and the citizens want to arrive. Citizens who are finally getting organised and who are managing to act to make up for what the government fails to do.

Emanuela Corda, M5S spokesperson in the Lower House:
How come it has started off in Cagliari? Because this is the place where the battle began - the battle against against these distortions of the system that harasses the people who are oppressed by Equitalia. This is the birthplace of the organised groups that have put forward true class actions to the administrative court called “TAR” in Lazio and have been networking with so many other groups working at a national level and also collaborating with other civic and grass-roots groups in the fight against Equitalia. Because of all this, this magnificent fight is starting here in Sardinia.

Carlo Sibilia:
Where the M5S is governing, Equitalia no longer exists. The mayors have transferred this activity to the local tax collection offices. Here we have a human way of collecting taxes and this is something that can be done everywhere, in each town. We are hoping that help points like these can take their example from Cagliari and start to develop all over Italy. It would be great if Italy were to be invaded by "Anti Equitalia Help points".

Silvio Buttiglione, citizen:
I’m someone who, thanks to this monster, felt obliged to attempt suicide, because I was on my own. . Today, dear Equitalia, given that I am no longer isolated, but I have this great community with me, I’m absolutely certain that you will not manage to make me attempt suicide for a second time, because you’ll have to deal with this community that is defending protecting me. And it will do this with everyone in situations like mine.

PS: Soon there’ll be a free ebook about Equitalia and the worst cases it has created. This will be downloadable straight from the blog. An unmissable sketch of Italian-style horrors.

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Posted on May 22, 2015 at 07:52 PM in | Post a comment | ListenListen
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Salvini and the Citizen’s Income - #RedditoDiCittadinanza

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In the last few days Salvini has been making proclamations worthy of an election campaign and last week he came out against the Citizen's Income, but now he has changed what he’s saying and has declared: "I’m in favour of the Citizen's Income, but only for Italian citizens".
We’d like to thank Matteo Salvini for this bit of "assistance" that allows us to give a bit more clarity about certain aspects of how the Citizen's Income will work in practice.

The restriction of the Citizen's Income to only Italian citizens would be in violation of international treaties and so would open up Italy to serious repercussions and economic sanctions.
The 5 Star MoVement’s proposal for the Citizen's Income is totally respecting all the international regulations. In fact, people who can be beneficiaries of the Citizen’s income, are not just Italian citizens, but EU citizens and citizens of those countries that have signed bilateral treaties on social security. Furthermore, the M5S is in favour of inserting a further limitation associated with the number of years a citizen from outside the European Union has been resident.

But Salvini’s "income" would be in violation of the following regulations and international treaties that Italy has signed up to.

1) Universal Declaration of Human Rights that mentions the dignity of each human being in the preamble. "Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world". On a social level, this is confirmed in articles 22,23, 25 of the Declaration that discuss the need to guarantee sufficient resources to lead a decorous life, as does the 1966 International Covenant on Economic, Social and Cultural Rights (accepted by Italy).

2) In relation to sources of European rights there’s article 34 third section of the 2000 Charter of Fundamental Rights of the European Union that says that " In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources". Thus there are points beyond which a national legislator cannot go and article 34 goes on to say "in accordance with rules laid down by Union law and national laws and practices".

3) Then there’s article 10 of the 1989 Community Charter of the Fundamental Social Rights of Workers: "Persons who have been unable to enter or re-enter the labour market and have no means of subsistence must be able to receive sufficient resources and social assistance in keeping with their particular situation."

4) The same right is also confirmed by the Council of Europe (the so-called Europe of 47) in article 30.
In practice, for the legislators and international law experts, this right is called "Ius Existentiae" and it says that "to be safeguarded as a fundamental social right on the same level as the right to health, primary education, access to the public services as well as security and justice. It’s not a matter of safeguarding a minimum level of existence but the basic level of citizenship, set on the international notion of the dignity of the person".

5) Article 1 of the Italian Constitution declares that Italy is “a Republic founded on labour” and given that this right is connected to work not only existence, it would be unconstitutional to discriminate against someone without an income.

6) The 2000 Treaty of Nice on social and human rights is binding on each member state in the EU.

Have another go Salvini!

VIDEO Paola Taverna: “The Italian people want the citizen’s income, not the Italicum!”

Download, print and hand out the letter to be sent to INPS to ask for the reimbursement of all your pension
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Posted on May 21, 2015 at 08:47 PM in | Post a comment | ListenListen
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22 May, at 6:00pm, Padua, piazza delle erbe: #NotteDellOnestà - Night of Honesty

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"Second #NotteDellOnestà Night of Honesty: first - Rome, now - Padua. Words are no longer enough. Now it’s up to us to administer the region.
About four months ago, on 24 January at the same time as the Night of Honesty in Rome’s piazza del Popolo, the 5 Star MoVement in the Veneto region also organised a Night of Honesty. Hundreds of us marched to the chant of "honesty“and we went as far as Galan’s villa in the village of Cinto Euganeo, to shout out "resign".
OK, since then, four months have gone by. But the former governor of Veneto Galan has done a plea bargain and has received a sentence of 2 years and 10 months as well as a fine of 2.6 million euro for corruption in the events surrounding the Mose scandal, a useless engineering project that has cost us 5 billion (and people say that there’s no money for the citizen’s income, not just in Veneto but in the whole of Italy); Galan, the person who is under house arrest in the villa paid for with our money, is still getting his salary as a parliamentarian and he is still president of the Culture Committee!
He has not resigned, and neither have they forced him to resign.
Let’s not forget Marchese of the PD party - even though he has been found guilty he still receives his annuity. But the image of illegality in Veneto has got even more impressive in the last few weeks. We have the first investigations and the first arrests for the Pedemontana motorway (that has already cost us 2 billion and 600 million and is only 10% finished). Ilvano Vernizzi, under investigation for the crime of bid rigging with five other directors of the Region of Veneto, in relation to giving the contract for the construction of the “Via del Mare” section of road to the company Adria Infrastructure and for actually appointing Stefano Perotti as the Operations Manager.
Then there’s the ''ndrangheta in Verona that has been rigging the contracts. And unfortunately that’s not happening only in Verona.
Words are no longer enough. We need to move to something stronger: the only way to stop the convicts from pocketing public money, money that belongs to all of us in the Veneto region, is to make a law that forces them to resign immediately, at the very moment they are found guilty at the first level, and we need to take away the annuity from anyone who has been convicted. In fact, we have to abolish it for all politicians and for ever. We need to bring in our anti-corruption package in Veneto. It can only be done with honest and competent people in the institutions. Only the M5S can do this.
This is why we have organised another #NotteDellOnestà - Night of Honesty.

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An event with guests who are truly special - guests like our parliamentarians: Alessandro Di Battista, Roberto Fico, Danilo Toninelli, Riccardo Fraccaro, Nicola Morra, Giulia Sarti, David Borrelli, Enrico Cappelletti, Francesca Businarolo, Federico D’Incà, Gianni Girotto, Giovanni Endrizzi, Mattia Fantinati, Marco Brugnerotto, and Marco Da Villa. And also Roberto Castiglion, mayor of Sarego, Davide Scano, candidate for the position of mayor of Venice, and Ivaldo Vernelli, candidate for the position of mayor of Rovigo.

VIDEO Beppe Grillo at the Night of Honesty #NotteDellOnestà in Rome

22 May in Padua, in piazza delle Erbe starting at 6:00 pm, to present our proposals to the citizens of the region of Veneto. Proposals that can become reality if we are "all united" and if we participate and make our contribution towards getting the information out there and letting people know that it is possible to truly change things in Veneto. And that change is called the 5 Star MoVement." Jacopo Berti, M5S candidate for the position of president in Veneto

To support Jacopo Berti and the M5S in Veneto:
Account name: ASS. COMITATO MOVIMENTO 5 STELLE IN VENETO
IBAN: IT 33 O 05018 12000 000000199169
BIC: CCRTIT2T84A
Reason for payment: DONAZIONE PER CAMPAGNA ELETTORALE IN VENETO

Download, print and hand out the letter to be sent to INPS to ask for the reimbursement of all your pension
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Posted on May 20, 2015 at 05:45 PM in | Post a comment | ListenListen
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Everybody out in the streets with the M5S for Education!

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Today, Tuesday 19 May, starting at 11:00 am, we’ll be in piazza Montecitorio to say "no" to the “Destruction” draft law. The live broadcast is in streaming on La Cosa. You are all invited to participate: teachers, students, head teachers, parents and all of you that hold public education close to your hearts. Come along - but without banners and logos and let’s make sure they can feel our breath down their necks. Out there in the square, we want a single protagonist: the world of education.

“Above all, we want to remind everyone that they are messing around with public education.
The person doing this is a Premier who has been elected by Nobody.
It’s being promoted by the Minister of Education, Giannini, who has recently invalidated the specialisation tests for doctors. Even though he went on to say that everything was fine even though there was evidently some fraud.

VIDEO speech by Di Battista in defence of education

This is being carried out by Under-Secretary Davide Faraone. Just think! Under-Secretary for Education, a person who has not even got a university degree, and yet is under investigations, in Palermo, for extravagant spending and embezzlement, or appropriation of public money. Ah - and then in 2008. before he was elected regional councillor in Sicily, he was caught asking for votes at the home of Agostino Pizzuto (nicknamed “basettone” - muttonchops), he was then arrested for “mafia” and convicted as he was the one holding the “arsenal” a real arsenal belonging to a Cosa Nostra clan.

VIDEO Kick out those under investigation from establishment roles /2: Davide #FaraoneaCasa

When we think about schools in Italy what springs to mind? We think of schools tumbling down. Poorly-paid teachers . Costs for the families, who actually have to take chalk, stationary and toilet paper into the schools. Or students packed into real “hen-house classrooms”.
This reform for the “Good School” (because they are so clever with words!) even though it’s associated with these ideas, is not going to work and improve these issues. It basically does quite the opposite. It gives public money to private schools. In fact, it contravenes article 33 of the Constitution that says that private bodies are allowed to create schools but they have to do so without getting extra money from the State.
The 5 Star MoVement, is speaking with real calm (we are not shouting). We are asking people to come out into the square today Tuesday 19 May. We will express our indignation, because if there are public schools that are falling to pieces, it is not acceptable that the government is giving our cash to private schools. It’s not acceptable that they want to create the role of a super-manager with such a concentration of powers that would endanger the academic autonomy of the teachers - and their teaching freedom.
For two years now, the 5 Star MoVement has been putting forward proposals for public education:
- we’ve been talking about allocating the 0.08 % of income tax to school buildings;
- we’ve been talking about the possibility of giving employment to 300,000 “precarious teachers”;
- we’ve been talking about having classes with a maximum of 22 pupils and 20 if one of the pupils has a disability.
You’ll say: but where will the money come from? We can see from this "good school" proposal that the money is there. However they prefer to give it to the private institutions.
Why? Because often foundations and private institutions are funding the election campaigns. And this party, the Democratic Party, has become a party that’s infiltrated by banks and, in certain areas of Italy, also by organised crime.
I’m inviting all the teachers, when they’ve finished delivering their lessons, and all the student here in Rome or elsewhere in Lazio, or anywhere else, to come out today into the square.
Starting at 11:00 am and for the whole of this afternoon, we will be in front of the Chamber of Deputies to democratically shout, and scream. We’ll be expressing our indignation and to make it clear that the general public certainly wants the reform of education. But we want things that are truly of use to teachers and students and we do not want public money ending up in private schools.
I look forward to seeing you today 11.00 am onwards in piazza Montecitorio" Alessandro Di Battista, M5S parliament

Posted on May 19, 2015 at 05:24 PM in | Post a comment | ListenListen
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Passaparola - The big rip-off of the precompiled 730 Income Tax Return Forms, by Carlo Garbarino

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The precompiled 730 tax return forms are a money making machine, as stated by the M5S on numerous occasions. This is proven by the disheartening figures published by the INPS. The reality is that the taxpayer only has three possible options to choose from. The first is to accept the information on the 730 tax return form, as precompiled by the Department of Inland Revenue, which will not be audited by the Department at all but also doesn’t allow for many deductible expenses at all, such as medical costs, and therefore means that the taxpayer will end up paying more tax. The second option is to get an accountant to fill in the 730 tax form since he/she can augment or change the information provided, however, any potential savings made by going this route will soon be eroded by the accountant’s fee, not least of all because the Government has seen fit to disproportionately increase the fines payable for any errors on tax returns, so the accountants are bound to try to mitigate this risk by adjusting their fees accordingly. The third option is to compile the 730 tax form without any help from anyone, a monumental task that then exposes the taxpayer to the risk of being audited by the Department of Inland Revenue. The chances of incurring horrendous fines are very high indeed. The 730 tax return form effectively constitutes a hidden tax levied on the country’s citizens. Today, Carlo Garbarino, Tax Law Professor at the Bocconi University of Milan, is going to explain why the precompiled 730 tax form is ill-conceived, and how taxpayers can protect themselves against this umpteenth attempt to bleed them dry. Enjoy!

Professor Garbarino: A big hello to all the friends of Beppe Grillo’s Blog. I thank you for this invitation that has been extended to me and that I have willingly accepted. I am not a militant of the M5S and my only desire is to add value to this ongoing debate.

Blog: The whole issue of these precompiled 730 tax forms seems to have gotten off to a bad start and you have said that you are extremely concerned. Can you tell us why this is so?

Professor Garbarino: The precompiled form is a bit of a hybrid in that if on the one hand it made no provision for making changes, then it already exists, namely the tax return for company employees. The tax return is compiled by the employer, a simple situation that has been simplified substantially. On the other hand, for more complex situations, it is a somewhat inefficient solution in that either the taxpayer simply accepts what has been entered on the return form by the Department of Inland Revenue or, if he/she wished to make any changes, he/she essentially has to restart a process. There is a definite disincentive in choosing to restart this process since it means that once he/she receives a precompiled tax return from the Revenue Department, he/she will now have to engage the services of an accountant. In the case of more complex situations it would make more sense to go this route from the word go.

VIDEO The precompiled 730 tax form is inefficient and a threat to personal privacy

If we were ever to reach the point of having precompiled tax returns for complex tax returns it would mean that the Department of Inland Revenue already knows about all our financial and business transactions and that everything is already decided, so we would no longer have the right to establish our own income in the proper manner, which obviously goes hand in hand with the tax authorities’ right to exercise control in a healthy two-way system. Therefore, on the one hand, it would seem to me to be inefficient while on the other hand, in the medium to long-term this arrangement really worries me.

Blog: There is no provision in the precompiled tax return form for all the various types of deductions that citizens can claim in order to offset their costs. In order to add any additional item, the taxpayer will have to go to his accountant or to a CAF centre. This however carries an additional cost and therefore effectively constitutes a disincentive. In reality, this “If you, Mr. Citizen, waive your right to claim any potential deductions, then the tax authorities won’t conduct any audits””then begins to sound like a bit of subtle blackmail, doesn’t it?

Professor Garbarino: If I am an average citizen who receives a precompiled, almost crystallised tax return form, then there is definitely a disincentive for me to choose not to let sleeping dogs lie whereas, if I am forced to go the other route from the word go because my situation is more complex, then I will already be incurring those costs and I will have to budget for these costs, but at least I will do so personally or via a consultant that I get to choose and pay the going market rate.

VIDEO The blackmail of the precompiled 730 tax returns

Blog: Many accountants and CAF centres are boycotting the new, precompiled 730 tax return form (given that it is still optional at this stage) and are advising people to postpone their decision on this procedure until next year. Are we looking at a fiasco in the making? Is it merely sheer incompetence or is there something else hiding behind it?

Professor Garbarino: I think that it is very wise of the accountants and other professionals to discourage people from jumping into this immediately, for two reasons: firstly, the fewer people that make use of it, the easier it will be to assess how, and whether or not it works and secondly, should there be any improvements made by then, those who choose to go that route from next year will benefit from experience gained. So to me it really seems wiser to wait until next year given the way things stand at the moment.

Blog: If you take into account all the sensational errors that have emerged in recent weeks regarding deductions, as well as the unpreparedness of the accountants and the CAF centres, the lack of information provided to the public and the scepticism of the experts and professionals in the field, then why this mad rush? Would it not have made more sense to hold off until next year and then implement it?

Professor Garbarino: I don’t know and, quite frankly, I have asked myself that very same question. Undoubtedly there is a positive message in there somewhere for members of the public, along the lines of "Look, the Revenue Department is helping you to fulfil your obligations". On the other hand the message is also somewhat paternalistic, which worries me because, when all is said and done, our financial transactions and our consumption in this capitalistic society of ours are also a reflection of our individual personalities and our privacy, so to me it seems only right that every person should have the duty and the responsibility to fill in their own income tax return, either on their own or utilising the services of a consultant, except in extremely simple cases, where the precompiled tax return form already exists anyway.

VIDEO The errors in the precompiled 730 tax return form

Blog: Since we’re talking about income tax returns, what is your opinion regarding the M5S’ proposed Basic Income Guarantee (or Dole)?

Professor Garbarino: The Basic Income Guarantee (or Dole) is an important concept that should also be viewed and set up in light of the experience gained in other Countries. The Basic Income Guarantee does not mean that a citizen should receive some sort of payment in Euro from the Government simply because he/she happens to be a citizen of that country or because he/she earns a low salary. What it means, in the greater scheme of things, is to try to build up a portfolio of measures, some monetary and others not, that would enable those people living below the breadline to enjoy a decent standard of living (Ed)).

VIDEO: Prof Garbarino promotes the Basic Income Guarantee

Here in Italy and the southern European countries we, and particularly the young people, are going through some hard times employment-wise and, unfortunately, the future prospects for many young people, some of whom are perhaps still studying and not yet officially unemployed, are looking very glum indeed so, although there is no such system in place at the moment, the idea of a Basic Income Guarantee is something that would help them to bridge the gap from unemployment to employment.
Greetings to everyone! I thank you for your patience and for listening to what I had to say. Spread the word!

Posted on May 18, 2015 at 04:53 PM in | Post a comment | ListenListen
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List all the posts of May 2015

Beppe Grillo Meetups

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