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13 January 2015 • Insights

MINISTRY OF LABOUR AND SOCIAL POLICIES: PROCEDURE APPLICABLE TO CASES OF DISMISSAL FOR TEMPORARY WORKERS (IL SOLE 24 ORE, 13 JANUARY 2015, PAGE 39)

The Ministry of Labour and Social Policies, with response to the request for a ruling no. 1/2015 submitted by the National Council of employment consultants and Trade Union of employment consultants, clarified that for cases of dismissal for objective justified reason, by a temporary employment agency, with at least 5 employees hired with long-term contract in the same province and working under a public contract for temporary services for 36 months, the individual dismissal laws will be applicable and not layoff laws.

9 January 2015 • Insights

JOBS ACT: THE LAW IS STARTING TO TAKE SHAPE

On 24 December the Government passed the new law on contracts with protection measures increasing with seniority which will be applicable to newly hired employees as of 2015.

8 January 2015 • Insights

CASSATION COURT: WRONGFUL DISCIPLINARY DISMISSALS (IL SOLE 24 ORE, 8 JANUARY 2015, PAGE 45)

With its ruling no. 15 of 7 January 2015, the Cassation Court declared wrongful and thus illegal dismissal of a worker, who benefitted from employer accommodations at extremely advantageous conditions, for not having communicated that he was already the owner of other property, in order to continue to benefit from the housing made available by the employer. Specifically, the Cassation Court recognised the charges against the worker, but considered the dismissal wrongful.

7 January 2015 • Insights

CASSATION COURT: FLAT RATE OVERTIME IS FIXED REMUNERATION (IL SOLE 24 ORE, 7 JANUARY 2015, PAGE 33)

With its ruling no. 4 of 5 January 2015, the Cassation Court established that a flat rate compensation paid as overtime must be considered as an integral part of fixed remuneration (as individual superminimo wage supplement) if it concretely possesses the characteristics of stable remuneration recurring over time, regardless of the formal qualification assigned by the employer.

30 December 2014 • Insights

CASSATION: MEETINGS WITH SUPERIORS CAN BE RECORDED (IL SOLE 24 ORE, 30 DECEMBER 2014, PAGE 35)

An employee may record a conversation with his superior for the purposes of using it in a civil case.

29 December 2014 • Insights

JOBS ACT: THE ACT ISSUED BY GOVERNMENT UNDER PARLIAMENTARY DELEGATION TAKES SHAPE

The night before Christmas, the Italian Government has approved the first of the decrees meant to implement the reform legislation approved by the Parliament by the beginning of December, affirmed as aimed at deeply reforming the most sensitive aspects of Italian employment law (i.e., mainly shock absorbers, dismissals and incentives to employment and re-employment). For sure the implementation decree in question, ruling a new discipline applicable to dismissals, is the most awaited Decree among the others which the Government has announced to pass quickly.

24 December 2014 • Insights

STABILITY LAW: EASIER HIRING STARTING IN 2015 (IL SOLE 24 ORE, 24 DECEMBER 2014, PAGE 33)

After the approval of the Stability law for 2015 easier hiring will become part of the legal scenario: private sector employers who hire new employees with open-ended contracts from 1 January to 31 December 2015 will benefit, subject to certain conditions, and for a maximum of 36 months, from an exemption of the overall contribution they must pay, up to a limit of 8,060 euro per year.

22 December 2014 • Insights

ADVANCE ON POST-EMPLOYMENT BENEFITS IN PAY PACKETS (IL SOLE 24 ORE, 22 DECEMBER 2014, PAGE 5)

One of the new features of the 2015 Stability Law is the possibility for employees (with a contract of at least six months) to collect the portions of accrued post-employment benefits (Italian TFR) on a monthly basis.

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