News & Insights

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3 May 2013 • Insights

Contract for services: conversion in a subordinate contract only if the guidelines have been issued by persons empowered to represent the company (Il Sole 24 Ore, May 1, 2013, page 16)

Court of Cassation, with sentence no. 8863 of April 11, 2013, stated that within a contract of services the employment relationships are not charged on the principal if its employees, having though unlawfully exercised the directive power on the contractor employees’, were not empowered with the necessary powers to behave in the name and on behalf of the company.

26 April 2013 • Insights

Ministry of Labour: collective agreements may disregard the jointly liability (Il Sole 24 Ore, April 23, 2013, page 19)

The Ministry of Labour, with note no. 7258 dated April 22, 2013, specified that the national collective agreement may introduce derogatory disciplines to the jointly liability but only for wages treatments.

26 April 2013 • Insights

Ministry of Labour: publicized the vademecum for the correct application of Fornero’s Reform (Il Sole 24 Ore, April 23, 2013, page 19)

On April 22, the Ministry of Labour publicized the vademecum that represents the summary of the meeting between the General Direction of Ministry Inspective Activity and the National Council of Labour Consultants that took place on February 7 and 8, 2013.

19 April 2013 • News

“Individual dismissals after the Fornero reform” – Ordine dei Dottori Commercialisti e degli Esperti Contabili, 19 April 2013 – Milan

Vittorio De Luca and Giorgio Giannini were speakers at the seminar “Individual dismissals after the Fornero reform” organised by Ordine dei Dottori Commercialisti e degli Esperti Contabili on 19 April.

19 April 2013 • Insights

The long way for bilateral solidarity funds (Il Sole 24 Ore, 16 aprile 2013, pag. 22)

The deadline for creating and adapting the bilateral solidarity funds, that in the ratio of Fornero Reform should safeguard the coverage of the ordinary layoff procedure (CIG) in all the sectors where it is not provided, is set on July 18, 2013.

19 April 2013 • Insights

Unlawful terminations: new indemnity without the reinstatement (Il Sole 24 Ore, April 16, 2013, page 23)

Court of Cassation, with sentence no. 9073/13, stated that the missed reinstatement of the employee unlawfully terminated has to be indemnified by the employer with a pecuniary sanction equal to 20% of the wages to be paid by way of damages.

12 April 2013 • Insights

Ministry of Labour: the tax reduction of performance incomes does not wait for the TDL (Il Sole 24 Ore, 10 aprile 2013, pag. 19)

The Ministry of Labour and Welfare State, with note no. 15/2013, has explained that the right of benefiting of the tax reduction for performance incomes in the measure of 10% (requirements of which have been set by the Decree of Prime Minister no. 75 published on the “Official Gazette” on March 29) takes effect from the date of the individual or territorial agreements undersigned. So it’s not necessary the registration at the Territorial Department (or Direction) of Labour in charge.

12 April 2013 • Insights

Court of Cassation: the injury denunciation report has probationary value (Il Sole 24 Ore, April 10, 2013, page 18)

Court of Cassation, with sentence no. 8611 of April 9, 2013, stated that the employer’s statements included in the injury denunciation report may have a value of confession because in the trial they can be used against the employer to the purpose of the ascertainment of liability regarding the injury suffered by the employee.

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