Wednesday, October 27, 2010
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ROME - The worker is dead Albanian. But his life is worth less than that of an Italian. To his family, who live in Albania, "depressed area economy," goes a compensation of ten times lower than those that concern for family members of a worker in Italy. Otherwise Albanian mother and father would get an "unjust enrichment". This cage wage of death based on the criterion of compensation depending on the country of origin of the deceased on the job, is contained in a shock decision by the Court of Turin. The civil court, Ombretta Salvetti, Referring to a ruling by the Supreme Court a decade ago, has decided to "balance the compensation to the real value of money in the economy of the country where the injured resident." Having charged the worker who died on 20% of contributory negligence in his death, Dr. Salvetti acknowledged to each parent living in Albania, the sum of compensation only 32 thousand euro. If the worker had been Italian, would have applied the new tables in use at the Court of Turin since June 2009 under which each joint of the worker who died would have been recognized amounts up to ten times higher (between 150 and 300 000 €).
This ruling is intended to make a discussion in the working world in which the presence of foreign workers is always higher, has been criticized by a leading expert on civil law, the lawyer Sandra Gracis. "According to this criterion, the Court of Turin - explains the legal - would agree to employers to hire workers from poor countries, because if they die in the yard, costs less compensation for their relatives." "But reversing the situation - added the lawyer Gracis - what would have happened if the employee had been killed in the Principality of Monaco, or the UAE? The compensation to the parents would have been twice or three times that for an Italian?".
Gracis According to Sandra, "the judge has run from Turin to rebuilt a ruling by the Supreme Court of 2000, however, not decisive, knowing that the Supreme Court, just a year ago, said that the "protection of the rights of workers must be ensured without any difference in treatment to all persons irrespective of nationality, Italian, EU or not." Already in 2006 the Supreme Court had ruled that "in terms of parental loss, no matter that his son died in Messina and Milan, in Rome in the suburbs or in Parioli. Conta death itself, and a fair assessment of material damage that does not discriminate against the person and the victims or to the welfare state, nor the place for the occasional death
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