DLP Insights

Court of Cassation, with sentence no. 2419/2012, stated that employer who has intention to exercise of the contributive exemption on kilometers reimbursements to the employee is not obliged to give an analytical proof throughout a monthly sheet or other similar document.

INAIL, with note No. 1100/2012, specified that the facilitated system introduced by the Legislative Decree No. 167/2011 (so called “Consolidated Act on Apprenticeship”) for the hiring of employees enrolled in the lists of mobility with apprenticeship is not applicable to the insurance rates, but only for social security contribution purposes.

Court of Appeal of Rome, with sentence no. 267/2012, stated that employees who obtain the conversion of a fixed-term contract into an open-ended term contract are entitled to two kind of damages: indemnity in lieu of notice period set by the so called “Collegato Lavoro” and a further damage, i.e. an amount equal to the salary the employee would have accrued from the date of the filing of the judicial appeal to that of the sentence.

INAIL, with note No. 434/2012, specified that the apprenticeship contract is lawful even in case of written agreement lack, as long as the employment relationship has been communicated to the competent authority (so called “Centro per l’Impiego”) trough the mandatory communication so called “UniLav”.

Court of Cassation, criminal section, with sentence no. 5420/2012, stated that the missed drafting of the document concerning the risks assessment, so called “DUVRI - Documento unico di valutazione dei rischi”, with the related missed risks assessment arisen from work interferences between the employees of the principal and those ones of the contractor, is a circumstance which entails liabilities itself, in the case of injury.