IMPLEMENTING LAWS FOR POST-EMPLOYMENT BENEFITS IN PAY PACKETS (IL SOLE 24 ORE, 20 MARCH 2015, PAGE 47)
Decree no. 29/2015 was published on 19 March 2015, which contains the implementing laws on post-employment benefits in pay packets.
De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.
De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.
Decree no. 29/2015 was published on 19 March 2015, which contains the implementing laws on post-employment benefits in pay packets.
On March 6 the first two implementing decrees of the Jobs Act approved last Friday 20 February 2015 have been published on the Italian Official Journal (“Gazzetta Ufficiale”) and they are in force starting from March 7. They involve long-term employment contracts with increased protection based on seniority and an overhaul of laws regarding social shock absorbers in the cases of dismissal.
The designation of functions regarding occupational safety must be shown on a written document, bearing a specific date, and have a series of requirements which are essential for being able to release an employer from significant liability in cases of damage to health.
The Court of Cassation, with its decision no. 4757 of 10 March 2015, established that dismissal due to a worker being unfit to perform his job is unlawful if, on one hand, the dismissal is justified solely by a competent doctor and not also by a local health commission and, on the other, the employer has not proven the impossibility of assigning the employee to other tasks within the company.
The first two implementing decrees of the Jobs Acts, the one on contracts with increased protection based on seniority and the one for overhaul of social shock absorbers, were published in the Official Gazette of 6 March this month, becoming effective 7 March 2015.
According to the Cassation decision no. 4237/2015 the conduct of a worker, who during a period of leave due to injury worked at a third party performing a job substantially coinciding with his employment does not constitute just cause for dismissal.
Starting in May 2015 13 weeks of contributions paid in the four years prior to unemployment will be sufficient for obtaining the new unemployment benefit called NASpI.
The draft of the Legislative Decree overhauling contracts examined last 20 February by the Council of Ministers would result in some significant changes in policies for reconciling free time and work.
