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.
The Court of Cassation, with notes no.16493 and 16586 deposited on July 3, specified that the payments by the employer allocated to supplementary retirement fund are not considered in the determination of the TFR and the seniority indemnity, because these treatments have not the nature of wage and are not subject to social security contribution useful for retirement purposes.
The Decree Law no.76, published on the “Official Gazette” 150 of June 28, 2013, provides a set of measures for incentivizing the employment through a contributive relief up to 650 Euro per month, for a year and an half, for companies hiring open ended term employees aged between 18 and 29 years old without regular paid employment for a least six months or without a high school diploma or who live with one or more dependents.
The Decree Law, discussed on June 26 by the Government, aimed at establish an hiring incentive for facilitating employment.
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.
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.
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.
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.
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.
