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28 June 2013 • Insights

MINISTRY OF LABOUR AND WELFARE STATE: INCENTIVES FOR EARLY EXIT OF EMPLOYEES WITH GREATER SENIORITY (ITALIA OGGI, JUNE 22, 2013, PAGE 23)

The Ministry of Labour and Welfare State, with note no. 24/2013, provided clarifications about the introduction of the rules of Law 92/2012 (so called “Fornero’s Reform”) to facilitate the early exit of older employees, who are close to the achievement of requirements for the retirement for facilitating the exodus from the companies having surplus staff. The same note explained also the phases of the administrative procedure and the fulfillments of the employer.

21 June 2013 • Insights

PARTIAL ABROGATION OF THE JOINTLY LIABILITY REGIME IN THE WORK ON CONTRACT (IL SOLE 24 ORE, JUNE 19, 2013, PAGE 12)

The Decree of June 15, 2013 (so called “Decreto Fare”) approved by the Council of Ministers modified the regime of joint and several liability in the work on contract, partially repealing article 35 of the Decree no. 223/2006.

21 June 2013 • Insights

INAIL: CLARIFICATIONS ON INQUIRY FOR THE PROFESSIONAL ILLNESS (ITALIA OGGI, JUNE 20, 2013, PAGE 30)

With note no. 5056/2013, INAIL clarified that the employer has to provide to the institute all the information on the risk assessment for allowing the inquiry of the dossiers on occupational illness. In case of lack of communication the administrative sanction of 929.00 Euro, stated by article 19 T.U., is applicable.

14 June 2013 • Insights

Aspi indemnity in a unique solution for financing the self-employment activity (Il Sole 24 Ore, June 11, 2013, page 23)

With the publication on “Official Gazette” no. 133/2013 of the Ministerial Decree of March 29, 2013, it was implemented the regulation stated in the paragraph 19, article 2 of the Law 92/2012. The mentioned rule gives the possibility for the beneficiary of the monthly treatment Aspi or mini Aspi to request the payment of the indemnity in a unique solution for financing or developing a new full time self-employment.

14 June 2013 • Insights

Court of Cassation: the damage for voluntary overwork does not occur (Il Sole 24 Ore, June 10, 2013, page 31)

The attrition of the employee who has voluntarily exposed himself/herself to extreme work does not involve the employer’s responsibility under article 2087 of the Italian Civil Code because the employee has the right to refuse the performances that may cause a detriment of health.

7 June 2013 • Insights

Court of Cassation: no incentives without security (Italia Oggi, June 5, 2013, page 31)

The Court of Cassation, with sentence no. 14071/2013, stated that the companies which have been punished for the breach of the rules concerning security on workplace are not entitled to the fiscal benefits and to the employment incentives.

7 June 2013 • Insights

Court of Cassation: about social security contributions will be liable the partner (Italia Oggi, June 4, 2013, page 29)

The Court of Cassation, with sentence no. 13240 of May 28, 2013, clarified that the partner of a general partnership is liable for the missed payment of unpaid social security contributions by the company. In the general partnerships all partners are jointly liable without limits for corporate obligations.

31 May 2013 • Insights

Constitutional Court: employees replacement with fixed term contracts also without the specification of the name (Il Sole 24 Ore, May 30, 2013, page 22)

Constitutional Court, with sentence no. 107 of May 22, 2013, stated that, in case of fixed term contract for replacement reasons, the employee name must be specified in writing. Nevertheless, for companies with a complex organization, is enough to make reference to employees who are absent in a specific company function.

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