DLP Insights

The deadline for delivering the request for excluding the application of the pension reform approved by the Decree so called “Salva Italia” (Law Decree No. 201/2011, converted into Law No. 214/2011) to the territorial Authority of the Ministry of Labour (so called “DTL”) is November 21, 2012.

The Ministry of Labour, in the note no. 12065/2012 has clarified that not to show the employment documents is just an obstacle and not an impediment for the vigilance activity and for this reason such behavior can be sanctioned according to Law no. 638/1983 with an administrative (and not criminal) sanction ranging between Euro 1,290.00 and 12,910.00 and with arrest up to two months or with a fine up to Euro 516.

Supreme Court with sentence no. 22611 of June 11 has stated that employees’ videosurveillance after their express approval for video cameras installation is not a crime, also without an agreement with the internal unions or internal commissions.

The Ministry of Labour, with formal response to the question No. 19/2012, has stated that employees temporarily laid off are no longer required to inform INPS about their re-occupation, since the communication obligation is accomplished by the employer by the online transmission of the hiring form so called “UniLav” (“mandatory communication”).

The Supreme Court, with sentence no. 14157/2012, stated that the employer’s decision to substitute employees on strike with employees not on strike or belonging to divisions not interested by the strike does not represent an anti-union behavior if such decision concerning the company structure and the employees’ duties distribution is in line with law and the collective agreement.