Categories: Insights
Law no. 208 (so called “Stability Law for 2016”), issued on December 28, 2015, entered into force on January 1st, 2016. Such Law confirms exiting measures for reduction of the tax wedge on employment and, in the meanwhile, introduces new ones. Significant novelties have been also introduced in relation to social security contribution and social policy areas.
Below is a table summarizing the main provisions of Stability Law for 2016 in the aforementioned areas:
| Exemption from social security contributions | It is confirmed the exemption from social security contributions for the new open term hiring even if in for a reduced percentage than 2015 (40% in lieu of 100%). Such exemption is up to a maximum of EUR3,250 per year for a length of 24 months |
| Company welfare | It is confirmed the tax exemption of remunerations paid to employees as result bonus. Furthermore, such exemption is extended to the remunerations voluntary paid by the employer to the employees or for those ones paid in compliance with company collective agreement or policies |
| Parental leave | It is extended for 2016 the possibility (i) for employees who are mothers to ask to the employer – as an alternative to the parental leave – for vouchers to use for the purchase of baby-sitting services or for the payment of services for children and (ii) for employees who are fathers to enjoy both an optional and mandatory leave (such last one is extended up to 2 days) |
| Self-employment | It is extended for the self-employed or entrepreneurs workers who are mothers the possibility to enjoy a benefit as an alternative to the parental leave granted to the employees who are mothers. It is set up a Fund for the safeguard of self-employment and flexible work |
| Active ageing | Employees achieving by the end of year 2018 the minimum required age for the retirement pension (under Italian parlance, “pensione di vecchiaia”) can opt – upon a relevant agreement with the employer – for a reduction of working hour for a percentage between 40% and 60%. In such case, the opting employee is entitled to receive by the employer each month an amount – exempted from tax and social security contributions deductions – corresponding to the social security contributions (charged to the employer) related to the not executed working performance. Over the concerned period, the employee is entitled to receive the figurative social security contribution which is useful for the achievement of retirement pension corresponding to the not executed working performance |
| Women option | It is introduced the possibility for female employee aged – between 57 and 58 and 3 months – to enjoy of retirement pension against of the recalculation of pension allowance (so called “assegno pensionistico”) based on the social security contribution system in lieu of the misted one (both social security contribution and remuneration) |
| Seventh safeguard | It is extended until January 6, 2017 the useful deadline to achieve the pension based on the requisites required ante Fornero Reform |
| Abrogation of penalization | It is abrogated the reduction in percentage of pension treatments even if for employees who accessed to anticipated pension in 2012, 2013 and 2014 |
| Re-financing of wages guarantee funds in derogation (“CIG in deroga”) | About 250milions Euros have been allocated for the financing of Wages guarantee funds in derogation (“Cassa Integrazione Guadagni in deroga”) for 2016 |
| Company seniority for ordinary Wages guarantee funds (CIGO) connected to not avoidable objective events | The 90 days company seniority period is no longer requested, regardless of the company sector, if CIGO request is due to not avoidable objective events |
| Defensive solidarity contracts | It is specified that provisions regulating defensive solidarity contracts will be applicable for the entire duration set by the relevant company contracts if the latter have been entered into by October 15, 2015 and, in the other case, exclusively by December 31, 2016 |
| Promotion of expansionary solidarity contracts | In order to enhance the use of expansionary solidarity contracts it is provided that employers, “enti bilaterali” and and “Fondi di solidarietà” can pay, in relation to the concerned employees, social security contribution connected to missed remunerations if such social security contribution is not paid by INPS |
| Extension of “Dis-Coll” | It is extended for the entire 2016, within the allocated public amounts, the unemployment treatment (so called “DIS-COLL”) for the unemployment events occurring between January 1st, 2016 and December 31, 2016 |
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