An English photo-journalist who worked for ten years inside the Federation of Damanhur has won a three year battle in the Italian courts to have her work as an employee of the Community legally recognized.
‘Working in the Black’ is illegal in Italy and employers are required by law to pay employees’ social contributions, taxes, sickness benefits and holiday pay. Employers who fail to do so, risk enormous fines by State authorities. Employing people in the ’black’ is a way of avoiding union rates of pay and observing basic workers rights. It leads to exploitation, long hours and a lack of safety protocols in the work place. The Labour movement in the West has fought long and hard to ensure that workers are no longer treated like slaves but in Damanhur, it would appear, the clock has been turned back.
The Court of Ivrea has sentenced the Federation of Damanhur to pay the social contributions and back taxes on the journalist’s income for the ten year period in which she worked inside the Community. Damanhur is also required to pay the TFR, an index linked lump sum based on the number of years worked and income earned.
The Federation also faces fines by the Italian State amounting to tens of thousands of euro.
And it doesn’t stop there. This case will open the door for other former members of the Community who were obliged to work in the ‘black’ to take legal action and have their contributions paid. Perhaps it will also inspire current citizens who have been obliged to work illegally inside the Community for 35 years to think seriously about their own pension situation.
Damanhur could face a bill stretching into millions of euro.
The case may also spark off a revolution aimed at legalizing work inside Intentional Communities which is often passed off as voluntary but, is in fact, nothing of the sort.
The Italian national daily ‘La Stampa’ ran a full page article on the case on December 15th (see NEWS GALLERY) as did the local paper La Sentinella del Canavese.
We provide translations of the articles for readers below along with recent posts on the topic from the Damanhur forum at www.cesap.net.
Extract from the ‘Sentinella del Canavese’ – 15/12/2010 – page 38. (see NEWS GALLERY)
Community sentenced in court
Damanhur TFR on eighty-five thousand euro
The Judge upholds the request of an Englishwoman
Baldissero. Nine and a half years of work (from January 1998 to August 2007) inside the Community of Damanhur. Teaching English, then translations, photography, maintenance of contact in English with the e-group “Virtual Damanhur” e contributions to the magazine “Qui Damanhur”. A working relationship that ended in court.
And the Judge Gian Luca Roboldo, decided in favor of, English journalist and photographer, Jan Turvey who for ten years had chosen Community life, and sentenced Damanhur to pay the TFR (on 85,000 Euro). According to the Judge “ Jan Turvey had worked as a subordinate without provision for tax, administrative or pension contributions”. And it was this that had forced the Judge – as he states in his motivations- to make his decision. He has advised the Income Tax Office, Ministry of Work, Agency for Social Contributions and INAIL of the sentence. He did not uphold other requests by Jan Turvey (Attorneys D’Onofrio) such as having her work recognized as a commercial collective contract. The Judge also excluded that Jan Turvey “in the course of her stay in Damanhur (represented by Attorney Giampiero Ragusa, had not received a level of pay in proportion to the quality and quantity of her work”.
Obviously the sentence by the Judge of Work of Ivrea is only a first grade sentence and it is probable that the case of Jan Turvey will be discussed again in the Courts. But in his motivations Robaldo reconstructs the work of Turvey in great detail and writes: ”From the testimonies heard it emerges that inside Damanhur activities linked to the religion and those carried out free in favor of the Community as regards its spiritual aims were kept distinctly separate, also conceptually, from the work that individual members of the Community had to carry out in accordance with agreements made with the Community heads, the King Guides.”
Jan Turvey, was in fact paid in the Damanhurian currency the “Credito” which could be converted into euro. The Judge in his investigation had tried to ascertain the subordinate nature of the working relationship. A subordinate relationship consistently denied by Damanhur.
Roboldo also observed that the facts were recounted with differing interpretations according to whether witnesses were ex-members of the Community or still an integral part of it. The ex-members described a working relationship “ in the same manner as that commonly held between an employer and a subordinate employee, whose activities were directed and coordinated by the former and who was paid a wage previously agreed upon and proportionate to the number of hours worked”. The others no. Certain witnesses currently resident in Damanhur had declared: “ there was no office for working in”, “there were no pre-established hours”.
The Judge retained that the relationship between Turvey and Damanhur was “referable to the paradigm of subordinate work”, underlining that “ subordination is not incompatible with the personal management of when the work is done”. And that is not all: “ the most important factor – said Roboldo – is that the number of hours to be worked each month was predetermined”.
Extract from the national daily ‘La Stampa” – 15/12/2010 – page 81. (see NEWS GALLERY)
Even the God Horus has to pay the TFR
Damanhur sentenced to pay 90,000* euro to a former member
The sentence is nothing but revolutionary. The Court of Ivrea has obliged Damanhur to pay a TFR and social contributions to a former member who worked in the Community for nine years and who, two years ago, having left the group dragged the Community before the Justice system with a work lawsuit. Asking for and obtaining a sum amounting to around ninety thousand euro*.
A sentence which could open the door to other lawsuits brought by other former members of the Federation born on the hills of Baldissero, Canavese in 1976. Central to the question is the nature of the working relationship. “Autonomous and linked to aspects exclusively spiritual” according to Damanhurians. “ Subordinate and subject to precise contracts” according to the Judge of the Ivrea Court, Gian Luca Roboldo.
Bringing the Community inspired by the God Horus into the court room, Jan Turvey, a fifty-eight year old of English origin and photographer by profession (assisted by Attorney Patrizia D’Onofrio) who left Damanhur having spent almost ten years inside.
She had entered the Community after a holiday: It was the July of 1997. I arrived in Baldissero after I had learnt about the inspiring principles of the Community at a conference held several months before in England. And I was very intrigued by it, so much so I dragged my companion and young son along with me.
From January of 1998 to the 6th of August 2007, Jan Turvey alias “Orata”, had many different jobs from teaching English, photographing for the internal magazine, and translating where necessary. All for the Community, certainly. But under the rigid control of the “RE Guida” a kind of work supervisor. “Work – writes the Judge in the motivations of the sentence – that even though it was carried out under the conviction of promoting the Community was certainly of a patrimonial nature”. And consequently the position of the Federation of Damanhur, which sustained that Jan Turvey worked totally autonomously, was rejected.
And that is not all. There are two witnesses who talk about “Terrazzatura” or working activities that were carried out for free over and above the 180 hours a month – regularly paid for by the Federation– as set out in the internal work contract. “And those who did not do the Terrazzatura – recounted certain witnesses, also former members – would be caught up with by the ReGuida or forced to pay sanctions”. For the Judge it was obvious that the woman “Was subject to the directive, organizational and disciplinary power of the Federation. And such a relationship has connotations that are typical of subordination”.
In conclusion: according to the court being a member of a Community does not mean that the State laws regarding workers rights do not apply.
For the Damanhurians we are talking about an absurd sentence: “We will appeal, what the Judge sustains is unacceptable” thundered Gian Piero Ragusa the Attorney of Damanhur. Much softer however the position of Roberto Sparagio, long time exponent of Damanhur: “I am pleased that the Judge recognizes the validity of our Federation. A picture emerges that is very different to that which is sustained by those who paint us as slave drivers and mental manipulators”.
*Please note that the figure of 90,000 euro quoted by La Stampa is an error. The TFR was based upon Jan Turvey’s total earnings of 85,000 euro over the ten year period. Consequently the sum she received including index linking (ISTAT) would have been in the region of 8,000 euro. The final cost of paying all the back contributions and unpaid tax on her behalf will however amount to several tens of thousands of euro.
RECENT POSTS ON THE TOPIC FROM THE CESAP WEBSITE:
This post from Valchiusella opens with a transcription of the article shown above by Giampiero Maggio for ‘La Stampa’.
Ref: Damanhur exploits ILLEGAL WORK – according to the judiciary
Perhaps it would be worth introducing a new article in the Damanhurian Constitution:
DAMANHUR IS A CULT BASED ON ILLEGAL WORK!
Even the judiciary acknowledge what has been consistently denounced in this forum!!!
Let’s try and do the sums shall we?
Damanhur has to pay out a large TFR – only for ex-“Orata”.
Then there are the social insurance contributions that have not been paid, that have to be paid to INPS with interest and fines.
Then there are the tax contributions to INAIL to pay and also they will carry interest and fines.
I think we are talking about rather a lot of money.
Try to imagine how many people have worked illegally for Damanhur, who were convinced by the heads of Damanhur that they were just “volunteering” . Now it is confirmed that such work cannot be considered just volunteering and is really the work of a subordinate employee!
Try to imagine if all those people got together to create a class action against Damanhur, how many hundreds of thousands ( or perhaps millions) of euro the Federation of Damanhur would have to pay out?
Do you think the grand leader “the little Falcon tax evader” would put his hands in his pockets to put the situation right or just take off in space and time towards other worlds?
Think of all the various cooperatives and Damanhurian companies trading on this kind of tax free “voluntary” work, without paying their employees social contributions and taxes. Think about the “UNFAIR” competition they have adopted all these years as regards non-Damanhurian companies who pay their contributions…and always have done! So this is the way that Damanhur “Brings value and new life to the entire Valchiusella Valley”.
Think of the absurd situation that has been created all these years:
The elect few (and perhaps just one individual) have become rich thanks to the ILLEGAL WORK of Damanhurians, who after a lifetime of work find themselves penniless and without a pension.
Think, that very probably, those same people who have worked ILLEGALLY, were classified as unemployed and thanks to that situation probably did not pay for any medical expenses and were financed by the State health service (by all of us in fact)and who knows what other benefits they claimed at the expense of ordinary citizens who pay their taxes!
Topping it all is the comment made by one of the long-standing spokesmen of Damanhur : ROBERTO SPARAGIO (known as Coboldo Melo).
Roberto Sparagio is not just anybody outside of Damanhur, Roberto Sparagio is the DEPUTY MAYOR of Vidracco he is a PUBLIC UFFICIAL! Roberto Sparagio should be filled with indignation concerning an enterprise that EXPLOITS ILLEGAL WORK in the territory he has to administer in the interests of EVERYONE.
But, what does he do? He has the audacity to say: “I am pleased that the Judge recognizes the validity of our Federation. A picture emerges that is very different to that which is sustained by those who paint us as slave drivers”! Is he hallucinating???
Exploiting illegal work is not practiced by slave drivers?? Perhaps in his enlightened mind exploiting illegal work is simply a Damanhurian custom and not slavery!
And as if that is not enough, he is one of the founders of CONACREIS and is even its administrative secretary. The CONACREIS is the “National Association for the Coordination of Communities of Ethical and Spiritual Inner Research” but what are the ETHICS of certain associations???? THE ETHIC OF ILLEGAL WORK???
Little by little the true nature of Damanhur is emerging and the image of a happy paradise of a Community is being revealed for what it really is and always has been: A WELL LAID TRAP FOR THE UNWARY!
Now it is a undeniable fact: DAMANHUR EXPLOITS ILLEGAL WORK!
Posted: 16/12/2010 12:56 to the Damanhur forum of www.cesap.net under the title “Damanhur sfrutta il LAVORO NERO – secondo la magistratura”
Ref: Damanhur exploits ILLEGAL WORK – according to the judiciary
And what about the outside workers?
Those who contributed for years and years with their salaries and their thirteenth month bonus to building the Community. Those who were used and asked to guarantee all kinds of bank loans and financing for Community interests and who remain the owners of nothing?
Those who brought real money and not ‘Crediti’ inside?
Those who after years of outside work (10, 20) requiring much time and effort, struggled to get to jobs, that were often a long way from Valchiusella and paid the costs, who now have absolutely nothing in the bank?
Those who had only Saturdays and Sundays to do all the things they were unable to do in the week, under penalty of exclusion or admonitions, who always felt as though they were secondary citizens because they had not chosen to work inside Damanhur?
Well let’s say that having an outside job meant they had the possibility to save themselves more easily, an important factor, and at least they had their contributions paid, but the exploitation is just the same. The principle is just the same: take everything you can from people and leave them with nothing.
However, this sentence is very important because it draws a line, it begins to define the territory: that of work, which in Damanhur has always been self-managed for the use and consumption of the Community managed by the ‘King Guides’ and headed by Airaudi. A territory that by definition has its duties but also its rights. But rights, is a dirty word for the founder who taught us that they do not really exist, that they are part of a corrupt society, that of the outside. He would say that as there are no rights there are no people as such.
And what about holidays? A word that can never be uttered, a word to be disguised because taking a break in Damanhur does not exist
A holiday…what is that????????
My best wishes to Jan and her son.
Posted: 16/12/2010 15:04 to the Damanhur forum of www.cesap.net under the title “Damanhur sfrutta il LAVORO NERO – secondo la magistratura”
Ref: Damanhur exploits ILLEGAL WORK – according to the judiciary
Perhaps Roberto Sparagio, well-educated journalist and one of the crowned heads of Damanhur, has not yet understood the outcome of the sentence. Those who make others work in the black are slave traders and especially when they have had their “minds manipulated”. Roberto, don’t you know your history?
Rather than the power of black magic, I believe in white magic, the magic that is intervening like ‘peeling away an onion’ in Damanhur, achieving results that are neither illusory nor mere gossip.
The tax authorities intervened and peeled away the first layer. Then the NAS, Medical Fraud Squad, arrived followed by the Customs Office who took away another layer. Now the Social Security Office, INPS will arrive along with the Revenue Office and peel off even more. Just think how much all the ex-Damanhurians seeking justice for all their years of unrecognized work will reduce the onion. And tomorrow it will be the turn of today’s residents.
And the peeling doesn’t finish there. Compliments to Jan Turvey. Whatever you need just call me and I will place everything and anything at your disposal.
Let’s return to the comparison with “creative transgression” cited by Grisù, and the accompaniment in the Campers or elsewhere to line the pockets of Airaudi, who, when there is money to be had, is there to collect it, but when there is something to be paid for..makes the Federation pay. He is really good and honest with his own people.
What we need is someone who will, in person and without warning, overcoming all obstacles and armed with the courage and solidarity of ex-Damanhurians and their violated families, for the salvation of resident Damanhurians, clarify to Organs of the State what has happened in Damanhur and what continues to do so.
We know the cost is high but it could be worth it. It is the way of heroes, of those without fear and Jan is just such an example.
At times life calls us to play an important role, and even though just as normal people we are not without our fears, we face it all, knowing that our friends, family and those with a thirst for justice are there to back us up. We are never alone.
Well then, let’s “kill off” all the self-appointed saints, and we will “kill” them by asking them to return the enormous wealth that they have accumulated to the detriment of thousands and thousands of people over their years in business. From working in the black, to everything that was damaging and devastating that one was forced to endure which left an indelible mark on one’s life.
When you leave a ‘Community’ of this kind, the psychological and social devastation is enormous and the existential damage significant and quantifiable in compensation of around 200,000 euro per person. It is enough to demonstrate that everything cited above happened under psychological conditioning.
An interview with a medical specialist, assisted by former members of other similar Communities and experts in the technique of psychological dependence, can demonstrate that what a person had done “voluntarily’ was nothing more than manipulative induction, accepting self- deprecating work in the black, accompanying the Camper or even carrying out illegal actions such as fraud or even worse.
The Damanhurian onion, as it has been defined is not yet completely exposed and those responsible, the crowned heads, as facts now demonstrate and have done so in these parts for several years, are nothing more than a criminal organization out to make money.
Little by little and we shall get there in the end. The ‘game’ as Airaudi calls it continues.
Falco, how is it that ex-Damanhurians are described as ‘villainous’ when all they have done is woken up to the exploitative gang of thieves who have, with considerable artistry, sustained the abuse of their fellow citizens for over 35 years?
Posted: 17/12/2010 22:36 to the Damanhur forum of www.cesap.net under the title “Damanhur sfrutta il LAVORO NERO – secondo la magistratura”
Ref: Damanhur exploits illegal work – according to the judiciary
The question is:
A District Council, representing the Italian State, made up of subjects belonging to an association which, according to the Judge, exploits illegal work, how can it hold back from colluding with itself?
For similar motives many Council Administrations have been dissolved and the Council put into the hands of an administrative Commissioner, that of Vidracco…isn’t it a case that needs investigating?
Judge Guariniello, think about it….
Posted: 17/12/2010 18:17 to the Damanhur forum of www.cesap.net under the title “Damanhur sfrutta il LAVORO NERO – secondo la magistratura”
Ref: Damanhur exploits illegal work – according to the judiciary
Yes, we have talked about existential damage for former members of Damanhur. However, for those who want to take up this problem of extreme and immense social importance, it is necessary to be precise and supply certain elements
The prime mover in question is mental manipulation which is nothing less than CULPABLE INJURY directed at the person.
If ‘love bombing’ is not a crime, all those sessions and meetings of hypnosis, self-hypnosis and meditation which result in the dismantling of the personality certainly are. They are taken to the point in which people are induced to consider their family and natural home in completely negative terms and encouraged to achieve personal freedom by taking refuge in a Community that will “liberate you”.
You enter the Community and all your money, real estate property and previous life is taken from you.
Your sense of self and your true being is taken from you. You lose your personality, creativity, memories of the past, and fundamental family ties and in that condition of pro-cult restructuring you obey and are incapable of criticism.
And the more you obey the more it gives you the sensation of achievement on the “esoteric ladder”.
The manipulation and psychic dismantling can be demonstrated by specialists in the field or simply with a self-confession if one has acquired a free and autonomous mind by leaving the group.
The existential damage of the ex-member cannot be left out of the psychic damage, which is consistent with injury to psychic integrity.
To claim psychic damage one needs to verify all three of the elements that comprise the notion of biological damage…therefore:
– The injury or pathological alteration of previous psychic equilibrium (mental manipulation)
– The mental handicap (psychological dependence) caused by the injury
– A deterioration in the quality of life caused by the same said handicap
The moral damage in its turn is the anguish suffered as a consequence of an illegal offence (mental manipulation and illegal working, fraud etc and induction into the activity of being an escort in the Camper at weekends).
Existential damage, compensated ex art 2043 cc, consists in the prejudice that the individual’s fulfilling activities have suffered as a result and is distinct from any biological damage by virtue of the medical matrix of the latter, even though in the existential sphere biological elements may well be present.
Damage to the life of relationships is an aspect of damage that re-enters existential damage and which is compensated in a fair way (art 1226 cc).
COMPENSATION IS PAYABLE if there is:
Existential damage, namely, injury to the ability of the person to carry out fulfilling activities (art.2043 cc)
Biological damage, namely the alteration of the psycho-physical integrity of the victim, medically ascertainable (intervention by experts and specialists in the field)
Moral damage in the strict sense of the emotional disturbance suffered by the victim compensated according to art 2059 cc.
Existential and biological damage and the damage to health in a dynamic sense are in reality combined. For this reason, the compensation for damage to health is a sum in function of the reparatory – satisfaction for the amount of the existential loss (Venice Tribunal).
IT IS ABSOLUTELY OBVIOUS THAT DAMAGE COMPENSATION ALSO APPLIES TO FAMILY MEMBERS OF RESIDENT DAMANHURIANS JUST AS IT DOES TO FORMER- DAMANHURIANS…with the presentation of evidence from sector specialists.
Best wishes to the good and the brave but also to the bad …so that they too will become good and be saved from having to go to hell tomorrow in search of Anubis.
Posted: 24/12/2010 11:43 to the Damanhur forum of www.cesap.net under the title “Damanhur sfrutta il LAVORO NERO – secondo la magistratura”
Ref: Damanhur exploits illegal work – according to the judiciary
I have read the Judge’s motivations on how Damanhur acted in its own defense, “Work as a form of reciprocal communication and support. The Community was not founded to produce money”.
Probably, for Airaudi, the great social thinker (?), as far as work in the rest of the world is concerned – paid legally and according to the Institutions and Social Agencies – there is no reciprocal communication and support which guarantees the economic independence and security of the individual and his family for the future.
How can you declare with any sense of decency that the Community was not founded to produce money? The amount of money produced by the Community and for 35 years, has been enormous and has gone in one direction only: that is to Airaudi. The followers, after decades of work own nothing and live from hand to mouth, while the saintly leader owns millions of euro in bank deposits and large quantities of cash quietly hidden under the mattress.
If mathematics, as we already know, is not just a matter of opinion, distinguished social thinker, the figures don’t add up. Someone has cheated the others out of their hearts, souls, minds and the contents of their pockets. But it is not only the Damanhurians who have been taken for a ride. In reality many articles of the Constitution have been totally trashed and in particular article 1 of the Italian Republic on work; and article 36 on the an adequate level of pay to assure a free and dignified life; and article 37 on the category of the weak, the workers (50% of the Damanhurian workforce); and likewise article 38 on assistance in moments of need for the loss of the ability to work. If work is done in the black, which and how many social agencies can intervene in a moment of need? And INAIL and the old age pension, based on experience and the number of years worked and the social insurance contributions of INPS?
We find ourselves faced with an abhorrent violence against the human and his being whose integrity is protected by the ITALIAN CONSTITUTION. Constitutional rights are not an optional extra and the President of the Republic Dr. Giorgio Napolitano is their guarantor.
THE ORDEAL HAS ONLY JUST BEGUN.
Posted: 03/01/2011 8:25 to the Damanhur forum of www.cesap.net under the title “Damanhur sfrutta il LAVORO NERO – secondo la magistratura”
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