| Il 2009, con il contraccolpo dalla crisi economica, ha visto interrompersi il trend di crescita dell’occupazione femminile (15-64 anni) che aveva contraddistinto i precedenti anni, assestandosi il tasso di occupazione al 46,7%, valore molto lontano dal 58,6% dell’UE e dall’obiettivo comunitario di raggiungere il 605 di occupazione femminile per il 2010 (strategia di Lisbona 2000). I problemi più grossi riguardano la forza lavoro femminile South and women with little education, but there are also problems related to the quality of women's work and issues of reconciling work and private life, with loads of work too familiar on the shoulders of women.
The most disadvantaged in this time of crisis were the young women and women with temporary jobs, remember that young people between 15-29 years are most affected by the crisis.
The South has dealt with the crisis worse than in the North, so going to exacerbate an already difficult situation from the point of view of employment (-105 thousand fewer women employed in the South in 2009). In 2009 he lowered the employment rate of women with higher educational qualifications not only the graduates reach the level found in the rest of Europe.
worsens the situation of women in couples with children. For a woman aged between 25 and 54 years, with one child, four-point decreases the chances of finding a job than a woman the same age but without children.
The framework is not rosy comes to considering the worsening scarcity of social support for families, workloads, family still almost exclusively female, the "glass ceiling" and paid less than men, with consequent reflections on the state pension also.
The scarcity of social services in support of early childhood would be among the first causes of women choosing not to work or not to return to work after the birth of their first child. The probability of not working 18-21 months after the birth of a son and almost 50%. Women with higher educational qualifications return to work after childbirth and can manage better than others the problems of reconciliation of working and living.
Another obstacle to women's work is the time devoted to the care of family and home, which is still borne by women, 77% of that time is attributable to women. The fathers in recent years have become more collaborative in particular as regards the scope of child care that you devote more than in the past, unfortunately the same can not be said for domestic work where change is slow and shows the division of roles still very stiff.
For employed women work for women is even typed a lot, which is very tied to specific professions, while for women it shows the income lower than men's. Questo fattore nel nostro paese, a differenza di paesi come la Gran Bretagna, è dovuta alla assenza delle donne in posizioni apicali sia all’interno della Pubblica Amministrazione che nel settore privato.
Il reddito inferiore dovuto a carriere femminili medio basse si riflette poi anche a livello pensionistico, con livelli di contribuzione minore anche la pensione si presenta meno corposa economicamente, e che mette le pensionate a rischio di povertà in misura maggiore rispetto alla componente maschile.
Il nostro paese sembra riluttante nel ritenere che l’occupazione femminile abbia ricadute comunque positive sulla società e sull’economia, still warm because they show women's employment strategy for the future, despite the valuable document "Italy 2020 program of actions for the inclusion of women in the labor market", jointly presented by the Ministry of Labour and Social Policies and the Equal opportunities.
This is a multi-year plan identifying measures to increase women's employment. CNEL believes that the plan, although lacking in clear and measurable objectives and resources for its implementation, may represent an opportunity not to be underestimated.
To escape this situation, the CNEL suggests di adottare una strategia per l’occupazione femminile in grado di garantire sia la parità formale che quella sostanziale.
Questa strategia dovrebbe comprendere misure di varia natura che investono un’ampia gamma di ambiti. Sono infatti necessarie sia le politiche fiscali a favore della famiglia che gli incentivi per l’assunzione delle donne o per le donne imprenditrici, ma anche misure per la conciliazione.
Interventi quest’ultimi che dovrebbero prevedere orari flessibili e/o ridotti, come il part-time e l’offerta di servizi di cura sia per l’infanzia che per altre fasce deboli (anziani e disabili) o l’offerta di additional income to purchase market care facilities.
But even this may not be enough unless we act also in the same direction to change habits in our country, which may lead, as already mentioned, to see women working almost exclusively in the forefront in the care of the family and the house.
Other interventions should also address the issue of parenthood and low income during the optional leave (on half-pay) that does not encourage women, nor men to stay home to care for infants in an important moment development of their life, from birth to the first year of life.
It's not always possible to put women in front of the eternal choice between satisfying work and responsibility and motherhood, which is not a cost to business, as is often erroneously stated, but, as evidenced by the report of the CNEL, a total load of general taxation.
Other measures should also take action on all forms of horizontal and vertical segregation of female employment, women are mostly included in traditionally female jobs, they perform low or medium low and are generally atypical in greater extent than men.
All these measures should be contained in the strategy, the result, according to the CNEL, a bipartite table between the government and social partners, apart from auditing with no female gender representations of social forces.
No more extended Finally, according to the CNEL, is the approval of a law on gender statistics el'obbligatorietà, at least two years, gender budgeting in the public service.
September 2010
Source: http://www.viaroma100.net
ENGLISH TRANSLATION
. The report recently published by the CNEL photographs a worrisome situation for the female occupation in our country. The strongest contradiction consists in the fact that Italy has a very advanced legislation for the women but many rights and some appointments remain on the paper, considering that the data on the female occupation in Italy are among the worse ones in Europe.
The year 2009, with the counterblow from the economic crisis, has seen the stop of the female growth trend occupation(15-64 years) that had countersigned the precedents years, delivering the rate of occupation at 46,7%, a value far away from the 58,6% of the UE and from the community objective to reach the 605 of female occupation for 2010 (Lisbon strategy 2000).
The biggest problems concern the female work force of the South and the women with little education, but problems related to the quality of the female job and matters of conciliation among private and working life still remain, with loads of family job still too much on the shoulders of the only women.
In this period of crisis the most disadvantaged people are the young women with temporary jobs. Let’s remember that the young people among the 15-29 years are the most stricken category from the crisis.
The South has faced in a very worse way the crisis in comparison to the North, emphasing an already difficult situation also from the occupational point of view (105 thousand employed women in less to the South in the 2009). During 2009 the female occupation rate with no high education has subsequently lowered, only the graduates reach the present levels in the rest of Europe.
It also worsens the situation of married women with children. For a woman between 25 and 54 years, with a child, the possibility to find a job decreases of four points in comparison to a woman with the same age but without children.
The situation is still worse if we consider the shortage of support social services to families, the loads of family job , exclusively on women shoulders, (the "crystal roof ") and the inferior salaries in comparison to the men’s ones, with consequent effects also on pension contributions. .
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The shortage of the social services for the first infancy would be among the first causes that determine in the women the choice not to work or not to return to work after the birth of the first child. The probability not to work 18-21 months after the birth of a child is of nearly of 50%. The women with higher educational qualifications re-enter to the job after the birth of the first son and they can manage, better than the others, the problems tied up to the conciliation of the times of life and job.
Another obstacle for the women work it is the time devoted to the care of the family and the house, which is still at expenses of women, in fact the 77% of this time is to be paid by women. In the last years the fathers have become more cooperatives especially for what it concerns the care of children, to which they devote much more time than in the past, unfortunately the same cannot be said for the domestic works where the changes appear slow and the division of the roles still very rigid.
As regards the employed women the female work is still very typified, or tied to specific professions, while for what it concerns the women income this appears lower than the men’s one. . This factor in our country unlike countries as Great Britain, is due to the absence of women in top positions both inside the Public Administration and the private sector.
The inferior income, due to female careers rather low, has repercussions on minor pension contributions, and consequently the women’s pension is quite poor and it puts the retired to risk of poverty more than the men.
Our country seems reluctant in believing that the female occupation can have a positive impact on society and economy. The female occupational strategy for the future appear quite weak, despite the appreciable document "Italy 2020 Program of actions for the inclusion of the women in the labour market " presented by the Minister of Labour and Social Politics and by the Minister of Equal Opportunities.
It is a long term plan which identifies measures to increase the female occupation. The CNEL believes that even if the plan, lacks of clear and measurable objectives and resources for its realization, can also represent an opportunity not to undervalue.
To overcome this situation, the CNEL suggests to adopt a strategy for the female occupation able to guarantee formal and substantial equality.
This strategy should include different measures that invest a wide range of circles or ambits. Both fiscal politics for the family and incentives for the female employment or for women entrepreneurs are necessary, but also measures for the conciliation.
These last interventions should foresee flexible or reduced schedules such as the part-time and the offer of care services both for childhood and for other weak (elderly and disabled) sectors or the offer of an additional income to purchase, on the market, services for the social or health care.
But still this couldn’t be enough if at the same time we don’t also act in the direction to modify habits already consolidated in our country, which bring, as already said, to almost exclusively see the women employed in the care of the family and the house.
Other interventions should face then the matter of the maternity / paternity and the low income perceived during the optional ( half-pay) abstention that doesn't stimulate the women, neither the men, to stay at home to look after the newborns in an important moment of development of their life, from the birth to the first year of life.
It is not then more possible to put always the women in front of the eternal choice between a satisfactory job and the maternity, that it is not a cost for the enterprises, as often declared, but, as it underlines the CNEL report, it is on total load of the general tax regulations.
Then other measures should intervene on all the forms of horizontal and vertical segregation of the female work. Women are traditionally put in female jobs, they cover low or middle roles and they generally have atypical contracts much more than men.
All these measures should be contained in the strategy, according to the CNEL, of a bipartite table between government and social parts, without putting aside the social female representations .
Finally not delayable, according to the CNEL, the approval of a law on gender statistics and on compulsory, at least biennial, gender budgeting in the public administration.
September 2010 Source: www.viaroma100.net
Resumption of local business Scarabeus
Reading and discussion of the book "The Death of the next"
Luigi Zoja 
"anywhere, at any time, the distance has always been an obstacle to love, why should we be different? Is it really love or just know what is far away 'And the only knowledge I eprmette, at least, to be giusto? Non c'è ancora niente che lo dimostri." La società occidentale contemporanea tiene lontana l'immagine della morte, rimuove il pensiero che la vita abbia una fine, crea una popolazione inconsciamente convinta della propria immortalità.
"Tutti dovete morire" recitava Totò, ecco, tutti voi "altri".
Abbiamo parlato di questo raccontandovi altri saggi , ma qui vogliamo sottolineare - prendendo spunto dai temi trattati in questo libretto, piccolo ma denso (oserei dire avvincente) - che di alcune morti siamo più consapevoli di altre perché ne abbiamo testimonianza quotidiana. Le morti sul lavoro, ad esempio, o quelle dei migrants, we see that disappear into the waters of Meediterraneo without scomporci, without indignation, without suffering ...
"Until recently, Italy, a country without traditions immigrant, welcome strangers as visitors, rather than as immigrants. Diversity, it is not frequently taught something new [...] Today's immigrants come by sea over vessels are almost wrecks. However, they are seen less and less as more and more travelers as invaders. " The neighbor is dead, but a neighbor more than others: one near ("near distance, far away from the neighborhood").
The distances that globalization has made less obvious by liasing between distant people and penalize those who appear to exist between those who live in the same city, in the same street, in the same house. Not to mention those who enter into what we consider our living space (on which social scientists debated for decades) trying to find a solidarity that seems to be less and less possible.
" After the death of God, the death of others is the disappearance of the second fundamental relationship of man. - writes the psychoanalyst Luigi Zoja - The man falls into a fundamental loneliness. It is an orphan without precedent in history . It is vertically - died on his heavenly parents - but also in senso orizzontale: è morto chi gli stava vicino. È orfano dovunque volti lo sguardo. Circolarmente, questa è la conseguenza ma anche la causa del rifiutare gli occhi degli altri: in ogni società, guardare i morti causa turbamento." Complesso in questo senso il rapporto con l'alienazione, un tema di cui, rispetto a tempi precedenti, "si parla meno perché è ovunque. Non è più solo nella struttura produttiva, ma in quella della società, dove nessuno più è prossimo. Se tutti sono distanti, sono distanti da dove? Non esiste più un punto da cui si sono allontanati".
E torniamo alla morte, con cui abbiamo iniziato, leggendo alcune considerazioni Zoja's about it.
" always says that man is because man has a relationship with death different from other animals. When he dies his neighbor, the animal stops just beside the body is hot. L ' man belongs to any civilization, performs rites and bury the dead. Somehow, for him, the dead continue to live.
But this old conscience times they are superimposing a new one. We were now realizing that even the dead human are alive. We become post-human - or something else that is the human condition - when we begin to convince us that the living are dead. I live - most of the living - seem to have stopped vivere da un tempo che, quando ce ne accorgiamo, ci appare immemorabile: che non è, quindi, una conseguenza del nuovo secolo. La maggioranza dei giovani non ha ancora cominciato a vivere. La maggior parte degli altri - non solo gli anziani, anche i quarantenni - pare irrigidirsi in un rigor mortis psichico, che contrasta con l'agitarsi fisico. Non pensano pensieri autonomi. Non si interessano agli uomini che hanno vicino, non per malvagità, ma perché non li capiscono.
In una certa misura, questo avveniva in ogni epoca. Ma era più difficile vederlo riprodotto sui grandi pannelli della vita e restarne ipnotizzati: era quindi più facile continuare a essere società e umanità. Gli obblighi reciproci, pity, compassion, circulated. They could continue to exist and, sometimes, love to be believed. Since the world has become secular, and everything has lost its enchantment and divine has become measurable, repetitive acts of others are no longer the rite - the existence of a universal container - but isolated neurotic, obsessive, rigor mortis. The next became distant, coming from space. And in the living dead, leaving the time.
But what is this feeling? It's feeling or projection? At leisure is the observed or the observer? The world is renewed at an unprecedented speed and does not recognize himself. The eye feels the distance but does not know whether è nell'occhio o nel mondo osservato."
Luigi Zoja - La morte del prossimo
128 pag., 10,00 € - Edizioni Einaudi 2009 ( Le Vele n.45)
ISBN 978-88-06-20024-4
(Cliccare le foto per ingrandirle)
Report on Antitrust bill dispenser, banks and petrol L'Autorità Antitrust (Autorità Garante della Concorrenza e del Mercato, A.G.C.M.) è intervenuta lo scorso 30 settembre per sottolineare una possibile limitazione delle regole della concorrenza in ordine ad una proposta inserita nello schema di disegno Law of the annual competition, in terms of fuel distribution.
The Authority has consistently revealed the highest offices of State, by virtue of its powers of intervention and reporting ex art. 22 of Law n.287/1990 that some contents of the verbal agreement of the trade associations of petrol stations, the result of a union threat to strike and then withdrawn, which could feed into the text of the law year, "be pejorative, in terms of competitive compared to solutions legal requirements originally identified in the key annual bill prepared by the Ministry of Economic Development . ; It then shows the most important parts of the report AGCM.
; Stresses that the Authority " schema changes to the bill to the minutes of Understanding: a) limit to 25% of the Fund for the rationalization of the fuel (referred to in Legislative Decree No. 32/98) than for the closure of independent retisti or network operators, b) eliminate the provision of a contribution increased by 50% to that fund from the installations of the ordinary "breach" in the activity of plant closure incompatible. It is in both cases of changes which may have to delay the process of modernization of the national fuel distribution network , and as such suscettibili di determinare effetti di mantenimento dell’attuale inefficienza della rete (oltre che il perdurare del cd “stacco” dei prezzi italiani rispetto alla media europea ) ".
Tuttavia, si ravvedono anche altri aspetti potenzialmente limitativi per uno sviluppo della concorrenzialità (e quindi, della qualità) dei servizi di distribuzione del carburante.
" Nella sua formulazione originaria , prosegue l'Autority, lo schema di disegno di legge annuale vietava, all’art. 28, al comma 1, alle Regioni ed alle Province Autonome la possibilità di porre vincoli in materia di: a) utilizzo di apparecchiature self service pre-pay durante le ore di apertura in cui gli impianti forniscono anche la modalità servito; b) apertura di nuovi impianti, ovvero trasformazione di impianti esistenti, in modalità completamente automatizzata (cd impianti ghost). Sempre al fine di garantire una maggiore concorrenza, l’art. 28 vietava inoltre la possibilità per gli enti locali di porre l’obbligo per i nuovi impianti di assicurare contemporaneamente la distribuzione di carburanti e di metano e/o GPL (comma 2). " In quella formulazione la norma correttamente recepiva una serie di indicazioni contenute in recenti segnalazioni dell’Autorità a numerose Regioni ed enti locali, nelle quali si evidenziava l’effetto restrittivo derivante dalla eccessiva pervasività della regolamentazione locale a fronte dei principi di piena liberalizzazione all’apertura degli impianti di distribuzione prescritti dalla riforma nazionale del 2008 (art. 83 della legge No 133/08) . " In any case, the development of a strong" selfizzazione "network (until the opening of fully automated plants , as is normally the main European countries ) has always been seen by the Italian Competition Authority as a desirable development of the national distribution network in order to reduce the so-called "removal" the European average national price .
"In possibility of amending the schedule of bill, however, is entirely deleted paragraph 2 and paragraph 1 shall be reworded as implying simply as "the presence of self-service facilities in each service station, without But more say the ban to the Regions and Autonomous Provinces to regulate strictly the effective operation of the same .
" Finally, the proposed amendment to art. 29 the scheme of works on the annual bill paragraph 3 of that article, eliminating the possibility, previously expected, the performance of non-oil activities by non-holders of operating licenses (subject to waiver of the right by the latter). " In conclusion, the new wording provided for in Articles. 28 and 29 of the annual bill, they appear less effective than all'indifferibile need to ensure a uniform local implementation of the principles of liberalization enshrined in national art. 83 of Law No 133/08 . " L’Autorità, al fine della promozione di uno sviluppo più concorrenziale del settore della distribuzione carburanti in Italia , auspica, quindi che le modifiche sopra individuate vengano espunte dal testo del disegno di legge annuale per il mercato e la concorrenza, o direttamente in sede di analisi del provvedimento da parte del Consiglio dei Ministri, o in sede di esame parlamentare dello stesso, reintroducendo also provide really in favor of liberalizing the market and consumers , subject to the provision that provides for the fall of the exclusive supply .
; another example, therefore, of how careful the Market Authority impartial can not only be essential in the preparation and evaluation of texts practice of law affecting the economic reality of the country, but also to establish itself as important institutional actor in defense of national interests to a specific policy of modernization and, therefore , a real protection of consumers' interests. Mr. Antonio M. Polito
Contract withdrawal charges unilateral change of banking contracts of life and the right of withdrawal: a recognition problem.
Mr. Antonio M. Polito
; The operation of article 10 of Decree of 4 July 2006, n.223, converted, with modifications, L. No 248 of 4 August following, on the regulation of unilateral changes of contractual terms in banking relationships, has led to some uncertainty of interpretation of no less importance. In particular, these uncertainties have affected the conditions objectives of this option, and the breakdown of costs for this connected. A document of 'clarification' by the Ministry of Economic Development on 27 February 2007, however, sought to shed light on the institution, but not all the reasons seem allayed concerns. There will, therefore, the persistent criticism of the text, while after the clarification of government. A first point from which it is appropriate to leave, although not resulting from uncertainties literal is inherent in the possibility of exercising the right to unilaterally change the contract terms only if expressly provided for in the contract . To be more precise, then, must say that this 'right' conferred by the Act does not cover long-term contracts tout court, but only those for which it was expressly ' agreed ' the opportunity to exercise it. In other words, the reform law did not make this right 'natural' to any contract term, but it has made legitimate the inclusion treaty (and, as we shall see, under certain conditions). We reiterate that the text (reformed) the first paragraph of Article .118 of the Banking Act (Legislative Decree no. 385/1993) is clear about that, but we believe that this fundamental assumption (operational and interpretive) and, in some comment, not sufficiently stressed. This explicit convention, then must satisfy three basic requirements , a formal, two of substantial, namely that: a) is possible to exercise this power only in the presence of a 'just cause '; b) only change planned in case of contract (not the introduction of clauses scratch ) c) sia pattuita nel rispetto delle forme previste dall’art.1341 C.c., co. II (la generale disciplina sulle ‘condizioni generali di contratto’, ovvero l’espressa e separata sottoscrizione per iscritto). A tale facoltà, essendo attribuita in via del tutto eccezionale ad una sola delle parti del contratto, viene riconosciuta specularmente, per mantenere l’equilibrio sinallagmatico, una consequent right of withdrawal by the contractor, which has the possibility to withdraw within sixty days and without charge, by a contract from the conditions changed and he never accepted. Leaving aside the questions of substantive scope of these departments, as defined in note from the Ministry generically as 'intermediaries' and are identified in detail, is worth focusing on two aspects listed above, starting from that of 'just cause ' . This aspect, according to the reading of the Ministry, may refers either to the quality of the customer, such as its 'reliability', or to changes in general economic conditions that affect the operating costs incurred by intermediaries. On this point, however, we must make two observations . The first is that, according to the provisions of paragraph of Article I of the novel. TUB 118, also the prospect of 'just cause ' seems to have to meet the criteria of Article. Cc 1341, and therefore it follows, in our opinion, to give prior notice and expressly accepted and signed, while generic elements that can be 'valid reasons' for unilateral modification of contract terms. The text on this point, it seems quite tight and hardly compatible with a less strict interpretation. A failure to comply with these formalities should therefore imply, even in this case, the ineffectiveness of such clauses, if they were unfavorable to the client (ex art. 118, co.III, T.U.B.). La seconda osservazione riguarda invece i costi operativi sostenuti dagli intermediari che, secondo il Ministero, possono aumentare, variando così le condizioni contrattuali, in ciò giustificando la facoltà di modifica unilaterale. La peculiarità di tale previsione, tuttavia, è che tale aspetto funziona solo a favore dell’intermediario e non anche, in senso contrario, in favore del cliente . That is, if the cost to the intermediary were to increase, he may exercise the right of unilateral change, and conversely, if the client of the intermediary should have knowledge of an agent that has lower costs, he could not enjoy the same the same faculty (edit unless terminated) .... Of course, it is well recognized as to be regarded as unfair to equate a person there that cost them (the broker), with one that has not (the customer), but if we ask in view of the parties within a contract, and each of them in their mutual economic relations and reciprocal obligations, increasing the 'risk' a (possible increase in costs) should compare the increase in the 'risk' of the other (open-ended contract binding nature in the face of other more favorable contract terms). Probably, however, this limitation may be nullified by the provision of article 10, co.II of Law 248/06 (on which read below). correctly, Finally, the clarification of the Ministry also points out how the ' just cause' should be communicated so that the customer can evaluate the merits and appropriateness, or argue and defend their interests. The second aspect is particularly sensitive to the above law, it is Finally, one concerning expenses in case of withdrawal . From this point of view, discipline, after conversion of the law ' August 2006, has become two since, in the same article (Article 10), are included in two separate cases, or, again under term contracts,: a) the withdrawal of the customer as a result of unilateral modification of contract terms (Co. I); b) the withdrawal of the client, provided always right as freely exercised (Co II). The first, in fact, is addressed in the text of ' art. 118, par. II, TUB (such as for news from ' art.10, co.I of Law 248/06), which specifies that the client, in case of termination due to unilateral change by the intermediary, to exercise its right " without charge." The second, however, is governed by paragraph II of Article 10 of L.248/06 , thus has no content (and limitations) of the specification and TUB come “ in ogni caso, nei contratti di durata, il cliente ha sempre la facoltà di recedere dal contratto senza penalità e senza spese di chiusura ”. Da tale diversa disciplina, allora, e sulla base della maggiore ampiezza della prima dizione rispetto all’altra, può argomentarsi che, mentre in caso di recesso a sèguito di modifica unilaterale delle condizioni contrattuali, al cliente non possa criticized no expense, the exercise of the withdrawal is not justified by contract amendment, could result in payment by the latter of those expenses that are not covered in ' penalty' or in ' closing costs'. Hence, it is easy to conclude that it could be offered as the 'cost discipline 'borne by the party intermediary, which in the case of termination due to unilateral change, there will certainly be charged to the customer, while in case of withdrawal is not justified by the customer could find more reasons (legal and functional) for their allocation to the latter. On this very last point, however, is specified as the instructions of the Ministry in 2007 are divided with the view expressed here (incorporating the ' closing costs ' in the 'closing costs '), but also inconsistent, in our humble opinion, the regulatory text, with a distinction between 'closing costs' Affairs ( not chargeable) and 'closing costs' incurred by third parties (chargeable to the client), which, unless expressly agreed in the contract (and always respecting the formalities of Article 1341, co.II, Cc), not being provided by any legislative data, does not seem justifiable.
(originally published 14/04/2010)
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