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21 February 2014 • Insights

Compatibility between unemployment insurance and “accessory work” (Il Sole 24 Ore – February 19, 2014 – page 18)

Art. 8, par. 2-ter, of the Decree called “Milleproroghe” no. 150/2013, approved by the Chamber of Deputies, in the stage of law conversion, provides for that also for the current year the workers who are receiving any kind of unemployment insurances can be employed with the type of so called “accessory work”, provided that the salary is not higher than EUR 3,000 during the solar year, without losing the relevant status and the indemnity paid.

14 February 2014 • Insights

Court of Bergamo: performances automaticity principle extended also to coordinates and continuative self employees (Il Sole 24 Ore, February 11, 2014, page 20)

Court of Bergamo, with the sentence no. 941 of December 12, 2013, extended the performances automaticity principle, which ensures to employees the right to receive the retirement indemnity also in case the employer omitted to pay the social security contributions accrued, also to coordinates and continuative self employees.

14 February 2014 • Insights

European Court of Justice: collective dismissal also for executives (Il Sole 24 Ore, February 14, 2014, page 22)

The European Court of Justice, with judgment in Case 596/2012 of February 13, 2014, stated the illegitimacy of the Italian legislation on collective dismissals (Law 223/1991) with reference to the exclusion of executives from the procedure.

7 February 2014 • Insights

The employer who requalifies the relationship to an open ended one gets back the contribution Aspi (Il Sole 24 Ore, February 3, 2014, page 28)

The Article 1, paragraph 135 of the Stability Law 2014, provides that - from 1 January 2014 - the employer who requalifies a fixed term employment contract into an open ended one gets back by INPS the additional contribution “Aspi” (the Social Insurance for Employment).

7 February 2014 • Insights

Illegal labor, reshaped fines (Il Sole 24 Ore, February 4, 2014, page 20)

Fines against illegal labor provided for in the Decree called “Destinazione Italia” (Law Decree n. 145/2013).

31 January 2014 • Insights

The new proceeding provided for by Law 92/2012 ends up to the Constitutional Court (Il Sole 24 Ore, January 28, 2014, page 19)

The so called “Rito Fornero” (the new proceeding provided for by Law 92/2012) ends up before the Constitutional Court. The IX section of the Court of Milan stated as significant the lawfulness issue regarding the lack of an abstinence obligation for the judge who has to decide on the challenge, after having already judged the summary stage of the trial on the lawfulness of the dismissal.

31 January 2014 • Insights

INPS: severance package for employees near to retirement (Il Sole 24 Ore, January 31, 2014, p. 27)

INPS, with note no. 1653 of January 29, 2014, clarified that employers interested in providing incentives to leave to employees near to retirement, as provided by Fornero Reform, have to submit the relevant request online through the company's electronic file, selecting in the voice "object" the name "Exodus employees near to retirement", also delivering the form SC/77 to the NPS office competent for the social security contributions.

24 January 2014 • Insights

THE LAW DECREE “DESTINATION ITALY” INCREASED THE PENALTIES (IL SOLE 24 ORE, JANUARY 20, 2014, P 34)

The article 14 of Law Decree "destination Italy", into force since 24 December 2013, has heavily increased the penalties for undeclared and irregular employment and the violations of rules on daily and weekly rests and working time.

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