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27.052016

The Interdepartmental Decree on performance bonuses and the sharing into the company’s profits

By way of the publication of Interdepartmental Decree No. 1462/2016 on the Ministry of Labour’s Website on 16 May 2016, the concessions on performance bonuses and on the amounts paid to employees by way of sharing into the company’s profits introduced by 2016 Stability Law have become effective. The Decree at issue governs, amongst others, (i) the criteria for checking and measuring the increases in productivity, profitability, quality, efficiency and innovation to which the agreements at company or territorial level link the payment of performance bonuses and the achievement of which may be checked objectively by way of the relevant comparison with specially identified numerical indicators or the like, and (ii) the criteria for identifying the amounts paid by way of sharing into the company’s profits, by considering as such the profits distributed pursuant to section 2102 of the Italian Civil Code. For the purposes of applying the concession, the amounts paid must be foreseen within the scope of agreements at company level to be filed online with the Territorial Employment Department within 30 days as of the respective signature. As regards the agreements at company level signed prior to the publication of the Decree, the deadline for filing is next 15 June.