Insights

The Court of Cassation, with sentence No. 1462 of December 20th, 2011, has stated that the damages compensation which has to be paid to the employee, in the case of reintegration in the workplace as a result of unfair dismissal, has to include not only the period between the date of dismissal and the retirement but also the subsequent periods.

With the note no. 141/2011, Italian social security Institute (so called “INPS”) run the temporary period to pass to the on-line modality for the application to obtain the ordinary layoff.

The Court of Padova, labour section, with sentence of January 17th, 2012, stated that the supply worker’s behavior who does not challenge the contract promptly and accepts further work supply contracts is considered a tacit consent of the termination of the previous supply relationship.

An associate of a limited company who works in the company itself and has also the position of governing director has to pay, for the first activity, the social security contribution to INPS “Gestione Commercianti” and, for the second activity, to INPS “Gestione Separata” provided for the collaborators.

The compensation of the sales representative shall be seized up to the fifth. Court of Cassation, acknowledging the so called “par condicio” between public and private sector after the last legislative reforms, with the sentence no. 685 of January 18th, 2012, rejected the appeal triggered by creditors of a sales representative who claimed a seizure superior to a fifth of the sales representative compensation.