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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.

24 January 2014 • Insights

Court of Cassation: severance payment accrued during the ordinary layoff (“CIG”) expires after ten years (Il Sole 24 Ore, January 18, 2014, page 20)

Court of Cassation, with sentence dated November 5, 2013 and filed on January 17, 2014, stated that severance payment accrued by the employee during the ordinary layoff intervention has a social security nature, and not a retributive one.

17 January 2014 • Insights

Court of Rome: fixed-term staff leasing always justified (Il Sole 24 Ore, January 16, 2014, page 24)

Court of Rome, with sentence of January 9, 2014, stated that fixed-term staff leasing is lawful “against any justification, even having not temporary character, regarding the company activity”.

17 January 2014 • Insights

MEMORANDUM OF UNDERSTANDING ON THE CERTIFICATION IN MATTER OF CONTRIBUTION AND WAGE (IL SOLE 24 ORE, JANUARY 16, 2014, PAGE 24)

On January 15, 2014, the Minister of Labour and Welfare State, Mr. Enrico Giovannini, and the president of the National Council of the Order of labour consultants, Marina Calderone, signed a memorandum of understanding that will enable the labour consultants to certify the regularity of the companies in matter of contribution and wage.

3 January 2014 • Insights

MINISTRY OF LABOUR: CLARIFICATION ON THE NEW AMOUNTS OF PENALTIES PROVIDED FOR BY THE LAW DECREE NO. 145/2013 (IL SOLE 24 ORE, DECEMBER 31, 2013, PAGE 20)

The General Directorate for Inspection Activities of the Ministry of Labour and Welfare State, with the note of December 27, 2013, provided clarification on the application of the new administrative penalties provided by the Law Decree no. 145/2013 (so-called “Destination Italy”), in force since December 24, 2013.

3 January 2014 • Insights

INCREASING OF THE CONVENTIONAL SALARY (IL SOLE 24 ORE, JANUARY 3, 2014, PAGE 16)

The inter-ministerial Decree of December 23, 2013, has updated, for 2014, the conventional salary of employees working in those countries which are not member of European Union, with which Italy did not enter into social security agreements or with which “partial” agreements are in force. The conventional salary has been increased of 1,5% on average.

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