Insights

INAIL, with note No. 3760/2012, has clarified that the social security contribution irregularity for the obtainment of the so called “DURC” cannot be declared if the company was not primarily invited to the regularization, giving a period of 15 days.

Court of Cassation, with the sentence no. 9644 of the June 13th, 2012, stated that with reference to the disciplinary sanctions the advertising guarantee of the disciplinary code through the post accessible to everyone, is not applied in case the disciplinary proceeding is referred to circumstances regarding a breach of basic duties related to the employment relationship.

The Ministry of Employment, with the answer to the question no. 16/2012, specified that the request of compliance advice to the bilateral authorities does not represent an obligation for the employer but a chance and a guarantee on the proper drafting of the individual training plan.

The Court of Cassation, with judgment No. 9199/2012, stated that the employer should not simply adopt safety measures at work suggested by the fully-developed technology, but has also to supervise that these measures are applied by the employees.

The maximum limit for tax reduction, stated by Article 33, paragraph 12, of the Law No. 183/2011 (so-called “Legge di stabilità 2012”) in EUR 835 million, caused the lowering of the salary maximum amount of the private sector employee involved in the benefit, which decreases to EUR 30 thousand of annual gross salary and to EUR 2.5 thousand of maximum limit.