ITALIAN SOCIAL REPUBLIC OF THE CONSTITUTION DELA
to establish the Constitution of the Italian Social Republic Mussolini called his Minister of National Education Biggini Carlo Alberto, one of whom has an absolute estimate. He worked hard and within three weeks gave the Duce the full text of 142 articles. Sums up all his legal experience, his belief in the viability of the project is able to permeate corporate and above all the genuine soul of the Church's social doctrine.
extreme stress than three weeks not landed unfortunately nothing concrete. The Council of Ministers of 18 December 1943 it decided that the Constituent Assembly will be convened only after the end of the war. However, the Duce of that work acquires the text, praising the author, are 52 pages and reflect on them, at length, tapping and touching up several times with the usual blue pencil, as was his custom. Mussolini finally return them to him for a possible final draft.
SOCIAL CONSTITUTION OF THE ITALIAN REPUBLIC.
CHAPTER I - THE NATION - STATE.
1 - The Italian Nation is a political and economic context in which it fully realizes the race with its characters civil, religious, linguistic, legal, ethical and cultural. He lives, will, and for superior strength and durability than those of individuals, singly or grouped, that at any time in them.
2 - The Italian state is a socialist republic. It is the legal organization of the Nation.
3 - The Italian Social Republic has as its ultimate goal: 1) the conquest of Italy and the preservation of freedom in the world, as they unfold and develop all his powers and perform in the international consortium founded on justice, the mission Civil entrusted by God, marked by twenty-seven centuries of its history, set by its prophets, its martyrs, its heroes, its genes [the words 'intended by its prophets, its martyrs, its heroes, its genes' have been deleted and replaced by Mussolini with the conjunction 'and'], living in the national consciousness, 2) the welfare of working people, through his moral and intellectual elevation, increasing the country's wealth and equitable distribution of this, because of the performance of each utility [the word 'utility' were deleted from Mussolini and replaced with the words 'community'] national.
4 - The Italian Social Republic's capital is Rome.
5 - The national flag is the tricolor: green, white, red, Republican beam with the tip of the auction.
6 - The Catholic Apostolic and Roman religion is the only religion of the Italian Social Republic.
7 - The Italian Social Republic recognizes the sovereignty of the Holy See in the international arena, as an attribute inherent in her nature, in conformity with its tradition and the demands of its mission in the world. The Italian Social Republic to the Holy See recognizes the full ownership and the exclusive and absolute power and sovereign jurisdiction over the City of the Vatican.
8 - Relations between the Holy See and the Italian Social Republic take place in the system concordat, in accordance with the Treaties and Concordat force.
9 - Other faiths are allowed, provided they do not profess to follow the principles and rites contrary to public order and morality. The exercise also result of these cults is free, subject only to restrictions and obligations imposed by law.
CHAPTER II - STRUCTURE OF THE STATE.
10 - The sovereignty emanating [from] the whole nation.
11 - are the supreme bodies of the Nation: the People's Republic and the Duce.
§ I - The people - Representation .
12 - The people taking part in full, in an organic and ongoing life of the state and enter into the determination of the directives, institutions and instruments suitable to achieve the aims of the nation, through his work with his political and social organizations are formed through in her womb to express their moral, political and economic categories that make up, and through the Constituent Assembly and the House of Representatives of the job.
13 - in using its social function of the state, according to the principles of decentralization, it uses, as well as their governing bodies, of all the forces of the nation, legal organization in the Auxiliary Territorial authorities and institutions, to which he gives a sphere of autonomy for the discharge of their duties in a more effective and more useful for the nation.
SECTION I - The Constituent Assembly .
14 - The Constituent Assembly is composed of a number of members equal to 1 per 50,000 citizens. It must be the expression of all the living forces of the nation and therefore must be part of it: 1) by reason of their duties: those who, at the meeting of the Constituent Assembly, are part of the Government of the Republic and holding certain positions in central government and device state, the judiciary, in the school, in local authorities and institutions, political and cultural organizations in which the State has approved or assigned tasks of high national interest. The law establishes the offices that matter in who holds the membership the Constituent Assembly. The members of law may not exceed one third of the members of the Constituent Assembly, 2) popular election, those who are appointed to the Constituent Assembly by members of the organizations recognized by the State as represented by workers (entrepreneurs, workers, clerks, technicians, management) industry, agriculture, commerce, banking and insurance, the professions and the arts, crafts and cooperation; employees by the State and public entities of the former fighters for the national cause, and, in particular, decorated and volunteers, the families of the fallen for the national cause; large families; of Italians abroad, other categories that data in moments of national life are recognized by law, the expression of important public interests. The law establishes the requirements and forms for the recognition of such organizations, and, for each of them, the number and manner of election of representatives in the Constituent Assembly.
15 - The Constituent Assembly elects the Duce of the Italian Social Republic. Resolution: 1) the reform of the Constitution or exceptions to the rules of the same exceptional, and 2) on matters of supreme national interest that the Duce intends to submit, or on which the decision of the Constituent Assembly is required by the House of Representatives of labor, with a majority of at least two thirds of its members [sic, instead of 'in'] office.
16 - The Constituent Assembly is convened by the Duce who sets the agenda. If asked the House of Representatives of labor, under the preceding article, the meeting must take place within one month from the vote and the agenda must be included the areas identified by the Chamber. In the event of incapacity of the Duce, the Constituent Assembly is convened by the Head of Government. In case of death of the Duce, the Constituent Assembly should be convened to appoint a successor within one month after his death.
SECTION II - The House of Representatives of Labour.
17 - The House of Representatives of the work is composed of a number of members equal to 1 per 100,000 inhabitants, elected with the system of direct universal suffrage for all citizens of the workers above 18 years. It also is part of the right head of government and the Ministers and Secretaries of State.
18 - are workers who are represented by a professional association recognized by agencies and employees may be exempt dall'inquadramento. Are the effects of the active electorate, equivalent to the workers: 1) those who have stopped working for reasons of disability or old age, 2) those who follow a regular course of study in state schools or trimmed, and 3) those who are involuntarily unemployed, or activities, to be determined by law, outside the the field of professional discipline.
19 - may be elected as representatives of labor who are in possession of all the following requirements: 1) are greater than 25 years, are decorated for bravery or military or civilian volunteers to war, maimed or injured in war or for the national cause, more 21 years of age, 2) are voters, and 3) have not been convicted of crimes or acts incompatible with the dignity and prestige of labor representatives. The law shall determine such crimes or acts, excluding those made for reasons of political beliefs.
20 - Members of the House are all working people, not those in the territorial districts or professional groups who elected them.
21 - Representatives of labor can not be allowed to perform their duties until they have taken an oath before God and to those who died serving the country faithfully the Italian Social Republic, to faithfully observe the Constitution and laws , for the sole purpose of the good of the nation.
22 - Representatives of the work have a duty to express their views and give their votes according to their conscience and for the purposes of their duties. They are free and unquestionable performance of their duties.
23 - Representatives of labor can not be arrested, except in the case of an evident crime, nor tried without prior authorization of the Chamber.
24 - Representatives of labor remain in office for the duration of the legislature (art. 25). It can be returned. Decay but by their function: 1) if they betray the oath, and 2) if they lose any of the requirements for their eligibility, and 3) if they neglect the duties of the function remaining absent for ten consecutive sessions of the House, without permission granted by the President ( art. 34), provided it helps justified.
25 - The work of the Chamber are divided into legislatures. Each term lasts five years but may be dissolved even earlier, in the case established by this Charter. The end of each term is fixed by order of the Duce, proposed by the Chief Government (art. 50). The decree also sets the date for convening the Assembly to hear the speech of the Duce, with which he begins next term.
26 - The House of Representatives of collaborating with the Duce and work with the Government for the formation of laws. For the exercise of ordinary legislative function is periodically called by the Chamber head of government.
27 - The power of proposing laws lies with the Duce (art. 41) and representatives of the work (Article 49).
28 - The Chamber shall exercise its functions by the Plenary Assembly of the General Budget and Legislative Committees.
29 - It is the sole responsibility of the Plenary Assembly discussion and approval: 1) Bills relating to: the powers and prerogatives of the Head of Government, the ability of government to adopt legal rules, the sort professional relationships between the State and the Holy See; the import changes to international treaties which the State and the Colonies, the judiciary, both ordinary and administrative, the general legislative powers, 2) project budget and expenditure accounts of the State, autonomous agencies and state institutions public economic management of national importance which is relevant to the state budget, and 3) of the bills for which this form of discussion is requested by the Government or the Assembly, or proposed by the Commission and authorized by the Head of Government, 4) to submit proposals to the Constituent Assembly the decision of the supreme national interest arguments.
30 - The meetings of the Plenary Assembly shall be public. But the meeting may be held in secret, when required by the Head of Government or at least twenty [deleted by Mussolini and right with 'fifty'] representatives of labor. Voting will always take place openly.
31 - The legislative committees are made in relation to certain domestic assets, the President of the Chamber. They elect the President in her womb, at which it is to summon.
32 - are [sic, instead of 'You'] of the commissions the enactment of legal rules, whose purpose other than that mentioned in art. 28 import and creation, modification or loss of individual rights of citizens, unless the law gives it the power to other bodies and organs. The law prescribes the ways, forms and terms for discussion and approval of bills submitted to legislative committees.
33 - The deliberations of the plenary and commissions are taken by absolute majority, except in the case of Art. 15. No resolution is invalid if it [is] taken with the presence of at least two-thirds and by a vote of at least half of the labor representatives in office.
34 - The Chamber: provides for the adoption and amendment of its rules, shall elect, at the beginning of each term, its President and Vice-Chairmen. The President appoints the other charges established by regulation of the Chamber.
§ II - The Duce of the Italian Social Republic.
35 - The Duce of the Italian Social Republic is the Head of State. As the supreme interpreter of the national will, which is the will of the state, realizes itself in the unity of the state.
36 - is elected by the Constituent Assembly. It lasts for five [deleted by Mussolini and right with 'seven'] years. It is re-elected [Mussolini added the words 'once'].
37 - Upon assumption of his duties, shall take an oath before God and to those who died for their country, to serve the Italian Social Republic with all its strength and inspiration in every act of his supreme office interest the nation and social justice.
38 - Il Duce is not responsible to any other agency of the State for acts performed in the exercise of its functions.
39 - Il Duce controls all the armed forces in peacetime by the Minister for National Defense, in time of war by the Chief of General Staff, said the war makes international treaties, informing the Constituent Assembly or the House of Representatives of the work as soon as considers that allowed by the supreme interests of the state. I treated it imports changes in the State, limitations or enhancements of its sovereignty or finance charges do not become enforceable only after obtaining the approval of the Constituent Assembly or the House of Representatives of labor, under this Constitution.
40 - Il Duce has legislative power in collaboration with the Government and the House of Representatives of the job.
41 - Il Duce convened by the Chamber each year. Can extend the sessions.
42 - Where deems political dissent among the people of workers and the Chamber, the Duce could dissolve, another meeting within three months.
43 - Il Duce presented to the House bills by the Government.
44 - Duce sanctions laws.
45 - Al Duce belongs to the executive. It is exercised directly and through government. The Duce promulgates laws. The Duce appointment to all state offices. By decree of the Duce, after the Council of Ministers, have enacted legal provisions for: 1) enforcement of laws, 2) the use of the powers belonging to the executive branch, and 3) the organization and functioning of government departments State and other public bodies established by law. By decree of the Duce, after consideration by the Council of Ministers may issue regulations having the force of law: 1) when to what the government is mandated by a law, 2) in cases of urgent and absolute necessity on matters within the competence of the General Assembly and legislative committees of the House, and for the enactment of bills on which the legislative committees do not have resolved within the time allowed by law. In these cases, the Decree of the Duce should be subject to revocation submitted to the Chamber, for conversion into law within six months of its publication. If the House approves and shall begin two years after its publication, has been taken without the conversion, the order ceases to have effect.
46 - Il Duce has the right to amnesty, grace and pardon.
47 - Al Duce it to establish order chivalry and work out the statutes.
48 - Titles of nobility shall be maintained to those entitled thereto. The Duce to give it new.
§ III - Government .
49 - The Government of the Republic is the Head of Government and Ministers.
50 - The head of government is appointed and dismissed by the Duce. It is responsible to the Duce of the general government policy.
51 - The head of the Government directs and coordinates the work of Ministers shall convene the Council of Ministers, sets the agenda and presides over it.
52 - Nothing can be put on the agenda of the House, without the prior consent of the Head of Government.
53 - The head of the government's consent is required for submission of bills in the House of Representatives of the initiative work.
54 - The Ministers are appointed and dismissed by the Duce on the proposal of the Head of Government. Are responsible to the Duce to the head of government of all the acts and actions of their ministries.
55 - The State Secretaries are appointed and dismissed by the Duce on the proposal of the Head of Government, after consulting the relevant Minister.
56 - A judge of crimes committed by a minister with abuse of his duties, the powers of the Chamber constituted Court in judicial review. The action is exercised by the Commissioners appointed at the beginning of each term and replaced in case of vacancy, the President of the Chamber. Against sentences pronounced by the Court as a court room is not given any recourse.
§ IV - The armed forces .
57 - The armed forces aim to fight for the defense of honor, freedom and welfare of the nation. They include the Army, Navy, Air Force.
58 - The battle flag of the armed forces is the tricolor, with a frieze and a fringe of laurel, and the four sides of the beam Republican, a grenade, an anchor and an eagle.
59 - Conscription military service is an honor for the Italian people, and a privilege elected for the most of it. All citizens have the right and duty to serve the nation in arms, when they have the physical fitness and do not find themselves in conditions of moral unworthiness established by law.
60 - Al Duce only entitled in respect of the military powers of coordination, the appointment and promotion, inspection, deployment of troops to mobilize.
§ V - The jurisdiction.
61 - The court shall ensure the implementation of positive law in the conduct of the facts and legal relationships.
62 - The rulings are issued in the name of the law, which they will perform.
63 - The function Judicial proceedings are exercised by the courts, college or unique, appointed by the Duce. Their organization, their expertise for matters and territory, the procedure must be followed in carrying out their functions, are regulated by law.
64 - One Supreme Court of Cassation shall be established for the whole Republic. It has its headquarters in Rome. It is responsible for ensuring a uniform interpretation and application of law by the lower courts, and to resolve jurisdictional disputes between courts and the administrative one.
65 - In the exercise of its functions is ensured full independence to the judiciary: it is bound by law and only by law.
66 - No one can be punished for something that is not expressly provided for by law or by penalties that are not laid down by it, nor without a trial carried out with the rules laid down by it.
67 - In cases determined by law must be approved by the House, may be set up special courts for a limited time, and for certain crimes. The jurisdiction of military tribunals can not be extended to non-military service except in time of war and crimes expressly provided for by law.
68 - When the state and other public bodies acting in the field of private law are fully subject to the Civil Code and other laws.
69 - The bodies of state administration and other government agencies shall be guided in the performance of their duties to the realization of the principle of justice.
70 - One who has been affected by an administrative act in its legitimate interest, after the experiment hierarchy of appeals, as allowed, may bring action against the act for violation of the law, abuse of power and incompetence before the bodies of administrative justice. These, in addition to the general jurisdiction of legitimacy, they have unlimited jurisdiction in the cases determined by law.
§ VI - Defending race .
71 - The Republic considers the population growth as a condition for the rise of the nation and for the development of its military power, economic, civil.
72 - The population policy of the Republic takes place with three essential purposes: number, health, moral and physical purity of race.
73 - Condition of population policy is to defend the family, the essential core of the social structure of the state. The Republic shall carry protecting and consolidating all the religious and moral values \u200b\u200bthat cement the family, and in particular: with the marriage for granted, considering that national duty and a source of rights, because it can reach any higher purpose, first: the procreation of healthy offspring and numerous; with the recognition of civil effects to the sacrament of marriage, covered in canon law with the prohibition of marriage of Italian citizens of Jewish subjects, and the special rules of the marriage of Italian citizens with subjects of other races or foreigners with the protection of motherhood, with the provision of assistance and aid for the sustenance of the family expenses. Entitled to special discounts for large families.
74 - The protection of children and youth is a high civil service, which plays the Republic, including by appropriate institutions, with interference with educational family (Article 76), with the protection of the subsidiary unlawful and assisted protect abandoned children.
§ VII - Education and instruction of the people .
SECTION I - Of Education .
75 - The Republic poses one of its main institutional tasks of the moral education, social and political life of the people.
76 - The education of children, consistent with the principles of morality and of national sentiment, is the supreme obligation of the parents. The state, with rights and obligations of parental authority, watch over that family education to achieve its purpose of forming an honest citizen, worker and soldier, and takes advantage of the school system to integrate and direct the work of the family . If this missing, replace it, entrusting the conduct of public assistance to institutions or individuals.
77 - Organ fundamental political education of the people is the Fascist Republican Party. It is recognized as an auxiliary organ of the state, and such essential tasks: to defend and strengthen the revolution, according to the principles of the doctrine of which he is a champion and the Depositary, stimulate and strengthen the people's conscience, passion, [corrected by Mussolini in 'the passion'] national solidarity and the duty to make all the individual and collective interests, the supreme interest of freedom of the nation in the world, spreading knowledge among the people of global issues involving internal and Italy.
78 - Registration for the PFR does not matter any privileges or special law. It imports a duty to devote himself to the limit of his strength, with absolute purity and selflessness of purpose, the national cause. Outside the scope of activities representing a predominantly political affiliation to the PFR is not provided or are preferred for the recruitment or retention of jobs and positions or for the moral and economic treatment of workers.
SECTION II - Education .
79 - The school has proposed the development of a culture of the people, inspired by the eternal values \u200b\u200bof the Italian race and its civilization.
80 - School programs are set in view of the role of the school for the education of new generations.
81 - Access to continuing their studies and are governed solely the criterion of skills and abilities demonstrated. State Colleges ensure the continuation of studies for young able-nots.
82 - Elementary education, to be taught in schools clear and healthy, it is compulsory and free for all citizens of the Republic.
83 - The Italian Social Republic as the foundation and crown of public education the teaching of Christian doctrine in the form received from the Catholic tradition: so religious education is mandatory in public elementary schools and secondary schools. The law may establish special case for exemption.
84 - The establishment and operation of private education institutions are allowed only with the approval of the State and under the control of this organization, programs and the ability and moral training of teachers.
§ VIII - The local administration.
85 - Municipalities and provinces are auxiliary bodies of the state. Their creation and their districts are governed by law.
86 - Municipalities and Provinces have as sole objective the protection of administrative interests of the citizens that they belong. To this end are provided by the State authority, which they must exercise coordinating and subordinating them to the best interests of the nation. In carrying out their duties, municipalities and provinces on their own, according to the principles of administrative decentralization, but are subject to judicial review and, in the cases determined by law on the control of the governing bodies of the State.
87 - The bodies of local self-administration are established by law. The provincial and municipal councils are elected with the system of direct universal suffrage by the citizens resident workers domiciled in the municipality or the Province.
88 - The Boards shall elect the members the Mayor of the City and the Dean of the Province. The law establishes the causes of failure, ineligibility, incompatibility or for appointments to Mayor Dean. These appointments are subject to approval by the State, to be given by order of the Duce.
CHAPTER III - RIGHTS AND DUTIES OF NATIONAL .
89 - Italian citizenship is acquired and lost under the conditions and manner prescribed by law, based on the principle that it is a title of honor to be recognized and granted only to members of the Aryan race Italian. In particular, the citizenship can not be purchased by members of the Jewish race and the colored races.
90 - The subjects of race is not Italian does not have the right to Italy used in weapons or, generally, of political rights: civil rights enjoyed within the limits marked by law, according to the criterion of their exclusion from any activities, cultural and economic, which has a public interest, even if carried on in the field of private law. As that is not particularly keen for them, as applicable, the treatment of foreigners.
91 - fundamental duty of a citizen is to work with all his might, and in every area of \u200b\u200bits activities, the supreme achievement of the goals of the Italian Social Republic, accepting willingly and obediently, charges, restrictions and sacrifices that respond to national needs, for the principle that can not be truly free if the citizen of a free nation.
92 - All citizens are equal before the law.
93 - The civil and political rights are granted to all citizens. Each individual right, the public and private, the matter should end the year in accordance with national is granted. In this title the State guarantees the protection and exercise.
94 - Personal freedom is guaranteed. No one shall be arrested except in cases provided for and in the manner prescribed by law. No citizen, arrested in the act or stopped for preventive measures, may be detained for three days without a court order and in the cases provided in the form prescribed by law.
95 - The home is inviolable. Except in cases of flagrante delicto, no visit or house search is allowed without court order and in the cases provided in the form prescribed by law.
96 - Each citizen must be guaranteed the right to control, direct or through its representatives, and responsible criticism of acts of politicians and those in the public administration and the people who make them or you are in charge.
97 - Freedom of speech, press, association, religion is recognized by the Republic as an essential attribute of human personality and as a tool useful for the interests and development of the nation. Must be guaranteed to the limit in which it is compatible with the overriding requirements of the State and the freedom of other individuals.
98 - The political organization is free. The parties can carry out their work of propaganda of their ideas and their programs, they do not conflict with the supreme purpose of the Republic.
99 - The professional organization is free. But only the federal government's unified work of art and the arts, or its member associations and approved by the State, legally represent the interests of all categories of production and are equipped with public authorities to carry out their duties.
100 - is prohibited, unless prior approval of the State territory of the Republic Constitution of the member associations of trade unions or foreign policy or international, or sections to which they relate or at least maintain links with them.
101 - is prohibited in the territory of the Republic the establishment of secret societies.
CHAPTER IV - STRUCTURE OF THE NATIONAL ECONOMY.
§ I - Production and work.
SECTION I - Production.
102 - The complex of the production unit from the national point of view. Its objectives are the well-being of individuals and the development of power of the nation.
103 - In the field of production the Republic aims to achieve economic independence of the nation state and its guarantee of political freedom in the world. To this end, the Republic, in addition to promoting all modes increase, the improvement of production and cost reduction, fixed by means of its organs and institutions appropriate, guidelines and general plans of the national or of areas of this. Compliance with such directives and to the success of these plans have involved all workers, both in determining the address, which in the course of production.
104 - Relations between the categories of the various branches of national production, as in the breast of each firm is implementing the collaboration of the various factors of production between them, the balancing of their interests and their subordination to the superior interests of the nation.
105 - The Republic considers the private ownership of the work and personal savings, such as half and full explanation of the human personality, and recognizes the social and national, such as a vehicle to develop and multiply wealth and put it service to the nation. In these papers the Republic respects and protects private property rights and ensure the exercise is to act and transfers among the living than for legitimate or testamentary succession, according to the rules established the Civil Code and other laws.
106 - The Republic protects rural property with special care, a vital interest of the national economy and for the moral and physical health of offspring. So by all means favoring a return to the fields, with the construction of farm houses and facilities with the purchase of rural ownership by the largest number of workers, farmers. In the transfer of arable land can not be cultivated or encumbrances that do not rise to meet the necessary and sufficient cultural unity to the work of a family farm or for a convenient cultivation.
107 - You can proceed to the expropriation of property private to public interest, in the cases legally established public interest and when the owner abandons or neglects to exercise the right in a way detrimental to the national economy. It may also require the forced transfer of property, is in the public interest when assign the exercise best suited to persons or entities, but only in cases expressly provided by law. Both in the case of expropriation of forced relocation in the public interest is due to the owner a fair compensation in accordance with the laws.
108 - The Republic considers private initiative in production as the most useful tool in the interest of the nation, and therefore encourages and controls.
109 - The private organization of production as a function of national interest, the organizer is responsible for the address of the production in front of the Republic.
110 - The state intervention in the management of economic enterprises takes place in cases where political interests are at stake, state, and to monitor and encourage private initiative, complete and, when necessary, replace it if it proves inadequate or missing.
111 - The Republic takes on directly the management of companies that control key areas for economic and political independence of the country, as well as companies that supply products and services necessary to regulate the conduct of economic life of the country. The determination of the companies who are in this situation is made by law.
112 - If you take the management of private enterprises, for lack of their initiative, the State entrusts to another private operator, or, but only for the period in which this is not possible or convenient, to special public institutions.
SECTION II - The Work .
113 - I1 work is the subject and the foundation of the productive economy.
114 - Work, in all its forms of organization and enforcement, intellectual, technical manuals and is a national duty. Only a citizen who fulfills the work has the duty of the fullness of the legal, political and civic life.
115 - as the fulfillment of the duty to carry out the work according to ability and aptitude of each individual is entitled to equal honor and dignity, so the Republic shall ensure the full legal equality of all workers.
116 - The Republic guarantees every citizen the right to work, through the organization and the increase in production and by the control and regulation of supply and demand of labor. The placement of workers are civil service, freely given by the appropriate offices recognized professional organization.
117 - Since the implementation, strict and mandatory requirements of key components of the warranty work is of overriding public interest, the regulation of the employment relationship shall be entrusted to the law or the rules to be issued by the organization recognized professional. These rules are inserted automatically in a contract, which may contain different rules but only more favorable to the employee.
118 - The salary of the employee must meet the normal requirements of life, the possibilities of production and performance of work. In addition to normal wages will be paid to the employee even in the spirit of solidarity between the various elements of production allowances in relation to family expenses.
119 - The ordinary working hours shall not exceed 44 hours per week and 8 hours a day, unless public policy for specific periods and production sectors to be determined by law. The law or the rules adopted by professional associations recognized down the cases and limits on eligibility for overtime and night and the extent of increase in salary compared to that due to the ordinary work.
120 - The worker is entitled to one rest day each week, usually to coincide with Sunday and the annual period of paid leave.
121 - Every worker has the right to terminate the employment relationship of indefinite duration. If the dismissal is without his fault, the worker is entitled, in addition to a reasonable notice, to an indemnity proportionate to years of service.
122 - In the event of death of the worker, for that matter it would be if he were fired without his fault, it is for children, spouse, relatives living with dependents or heirs, in the manner prescribed by law.
123 - The security is a high expression of the principle of cooperation between all elements of production, which should contribute to the costs of it. The Republic coordinates and integrates the action of security, by the professional organization, and the creation of special institutions for the enhancement and greater extension of social insurance. The work convergent State and other stakeholders must ensure that all workers full assistance for old age, invalidity, occupational accidents, diseases, pregnancy and childbirth, involuntary unemployment, the call to arms.
124 - In order to provide and enhance the technical and productive capacity and the moral value of workers and to facilitate the selective action of these, the Republic also recognized by the professional association to promote and develop vocational education.
§ II - The management of the socialized.
125 - The management of the company, whether public or private, and socializing. It take a direct part those who play in the enterprise, in whatever form, an actual production.
126 - Each company has a head before the state, politically and legally, of production and labor discipline in the enterprise.
127 - The head of the public shall be appointed by the Government.
128 - The head of private enterprise and entrepreneurship. Entrepreneur is one who has organized the company, determining the object and purpose statement, or one who has taken his place. The sole proprietor or sole director, the head of the company is the owner or the sole director. In enterprises with an administrative head of the college is established by the statutes or articles of association, in the person of the President of the Board or the CEO or a technician, which may be foreign to the Council and which give the functions of the Director General.
129 - The public companies are run by a board of management elected by the workers of the company, workers, technical employees. The Management Board shall decide all matters and at the performance of the firm's output under a unified plan to the domestic industry of the Republic through its competent bodies, the shape of the budget resolution and the sharing of profits resulting the part due to the workers decide on matters related to discipline and job protection.
130 - In private companies, of the governing bodies of administration, trained in the law, the acts of incorporation and statutes are part of the representatives of workers, employees and technicians in the company not less than the number of representatives elected by the holders of the capital, and one or more representatives of the State if it participates in the formation of capital.
131 - In the individual companies and those for which the memorandum and articles of association provide for a single administrator, if they employ a total of at least fifty employees, will establish a council of workers, employees and technicians company by at least three members. The Council collaborates with the owner of the sole director and the management thereof. Must be heard to the budget and the decisions it imports transformation of the structure, legal form and company.
132 - In each firm, which employs more than ten workers, it is the works council, elected by all workers, clerks and technicians who participate in the shaping of internal regulations and the settlement of issues that may arise in their application. In enterprises where there is a collegial body, the board of directors or employees, the head of the company must seek the advice works council in matters concerning the discipline of work, and can hear the other issues that he intends to submit.
133 - The law, in relation to the economic situation, establishes the maximum and the ways in which the compensation can be given the capital employed in the enterprise in general or for different types of them. To that extent and manner permitted the determination of the fee is established by agreement.
134 - The profits of the company, after deduction of the compensation due to the capital, are distributed between the head, administrators and workers, clerks and technicians of the company, in the proportions laid down by law, rule or collective, in lack of incorporation, the statutes and decisions of governing bodies. The proportion of earnings not distributed, is allocated to the reserve in the minimum and maximum limits prescribed by law, and if there is still a surplus, it shall be referred to the State that administers or uses for purposes of a social nature.
§ III - The professional organization .
135 - All categories of providers of work and workers, laborers, employees, officers, artisans, entrepreneurs, professionals and artists are organized in national professional organization. In the sections may be formed only within the organization for the various branches of production and for the various categories professional.
136 - The only professional association is based on the principles of the Italian Social Republic, and will ensure the implementation in the national economy: it is the legal organization through which we effect the transformation of all the forces of production in national forces, and realized their participation in the establishment and stable life of the state.
137 - The professional organization only has the exclusive full representation of the interests held in it. By virtue of this integral representation, in the interests of the productive sectors, given their role in national, state supreme interest, it is legally riconosciuta come ente ausiliario dello Stato.
138 - L'associazione professionale unica ha come precisi compiti istituzionali, che essa può assolvere anche a traverso le associazioni che si formino nel suo seno: tutelare gli interessi delle categorie rappresentate, contemperandoli tra loro e subordinandoli ai fini superiori della Nazione; promuovere in tutti i modi l'incremento qualitativo e quantitativo della produzione, e la riduzione dei costi e dei prezzi di beni e servizi, nell'interesse dei produttori e dei consumatori; curare che gli appartenenti alle categorie produttive si uniformino, nell'esercizio della loro attività, ai principi dell'ordinamento sociale nazionale e agli obblighi che vi derivano; assicurare l'uguaglianza law between the various elements of production, stimulate and strengthen solidarity among themselves and with the nation, to promote and implement measures and social security organizations among producers; cultivate education, especially vocational and moral education, political and religious of categories, provide assistance to producers represented, in general perform such other functions relevant to the maintenance of discipline of production and work.
139 - the only professional association to perform its tasks the state relies on the exercise of powers: a) norms, which, in the form and manner prescribed by law, it imposes mandatory rules of law to regulate of collective labor relations, and can dictate where it appears necessary, mandatory legal rules for the regulation of collective economic reports for the coordination of production, b) tax, so in order to support optional compulsory expenditure connected with his duties may require contributions to all employees represented in the measure under the law by taking the hill Hexane procedures and privileges for the collection of taxes, c) conciliation, why should exhaust the conciliation in disputes relating to individual and collective relationships work and the application of the collective economic emanating from it: this attempt at reconciliation is a prerequisite necessary for the commencement of litigation relating d) the regulation, so it can impose certain disciplinary measures to be represented in the Charter of the Association for failure to comply with national obligations arising from the social order, in order to determine any departure from these it can dispose appropriate controls, by its own organs, and the trustees of the factory, where they are established; e) advisory, so his opinion should be heard by government departments, on matters of interest to the discipline of production and work.
140 - In carrying out its functions, the federal government only has full autonomy. His acts are only subject to judicial review, people and the political control of the state, half of the bodies designated by law.
141 - For the resolution of disputes relating to collective training, the revision or interpretation of the rules of collective work or collective economic interpretation of the rules promulgated recognized professional organization is established the Labour Court, a body of ordinary judges. The Labour Court is constituted by three judges of the judiciary and by two expert judges, to choose appropriate books to be held in the manner prescribed by law. At the commencement of actions for the settlement of collective disputes is entitled only to the professional association recognized or, with permission, associations affiliated to it. Failing this, the action may be brought by the Public Ministry, whose action must be notified to the recognized professional association, which may intervene in the proceedings. In collective disputes brought by professional associations, the intervention of the prosecutor is required under pain of nullity. The decisions of the Labour Court in the dispute have the same effectiveness of collective bargaining rules issued by the recognized professional organization. These decisions can not be appealed except on procedural errors before the Supreme Court.
142 - Since the laws of the Republic provides all means for peaceful and equitable settlement of all disputes in the field of collective work and production, strike, lock-out, failure to comply with collective norms and economic and judgments of the Labour Court, and in general all the other acts of social struggle, are punished as crimes against the national economy.
brackets are the changes made by Mussolini in his own hand.
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