News & Insights

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10 August 2012 • Insights

Supreme Court: the temporary replacement of employees on strike with other employees does not represent an anti-union behavior (Il Sole 24 Ore, August 7, 2012, page 18)

The Supreme Court, with sentence no. 14157/2012, stated that the employer’s decision to substitute employees on strike with employees not on strike or belonging to divisions not interested by the strike does not represent an anti-union behavior if such decision concerning the company structure and the employees’ duties distribution is in line with law and the collective agreement.

10 August 2012 • Insights

Supreme Court: body search is possible on employees but not on their personal tools (Il Sole 24 Ore, Augusto 8, 2012 page 19)

Supreme Court, with sentence no. 14197 of August 7, 2012 has established that companies can use private investigators in order to verify if employees commit a crime and that such investigations can concern the employees only and not their cars or bags.

3 August 2012 • Insights

THE LABOUR MARKET REFORM: CLARIFICATIONS ON APPRENTICESHIP (Il Sole 24 Ore, August 2, 2012, page 20)

The Ministry of Labour, with formal response to the question No. 21/2012, has confirmed that the hiring in apprenticeship of persons enrolled in the lists of mobility (i.e., lists where employees subject to collective dismissal procedures are registered) can be entered into regardless of the employee’s age.

3 August 2012 • Insights

THE LACK OF COMMUNICATION OF THE JOB ON CALL WILL NOT BE AUTOMATICALLY SANCTIONED (Il Sole 24 Ore, August 3, 2012, page 26)

The Ministry of Labour, with regulation no. 20/2012, has stated that until the decree on the simplification of the job on call relationship communication is not issued, the inspector will provide a sanction in the case of unlawfulness of the employment only.

3 August 2012 • Insights

RESIGNATION: RATIFICATION IS POSSIBLE ALSO BEFORE THE TRADE UNIONS (Il Sole 24 Ore, August 3, 2012, page 16)

Voluntary resignation can be ratified also by the trade unions, as provided by the agreement signed with Confindustria, which implements Article 4, paragraph 17 fo the recent labor reform (so called “Riforma Fornero”).

27 July 2012 • Insights

FORM 770: THE DECREE OF THE COUNCIL OF MINISTERS’ PRESIDENT WHICH PROVIDES THE RELEVANT PRESENTATION POSTPONEMENT TO 20 SEPTEMBER HAS BEEN SIGNED (Il Sole 24 Ore, July 27, 2012, page 19)

On July 26, 2012 a Decree of the Council of Ministers’ President which postpones the deadline for the presentation of the form 770 from 31 July to 20 September 2012 has been signed, but not yet published in the Official Gazette.

27 July 2012 • Insights

Court of Cassation: the employee may refuse to execute the working activity if the transfer measure is not motivated (Il Sole 24 Ore, July 23, 2012, page 30)

The Court of Cassation, with sentence No. 4709/2012, stated that the employee may refuse to execute his/her working activity if the transfer measure is not properly motivated.

20 July 2012 • Insights

INPS: INSTRUCTIONS FOR THE SOCIAL SECURITY CONTRIBUTION REDUCTION ON PRODUCTION BONUSES (Italia Oggi, July 20, 2012, page 31)

On July 19, 2012 INPS, with message No. 12125/2012, stated the instructions and the codes necessary for the enjoyment of the social security contribution reduction due to both companies (25%) and employees (100%) on the production bonuses paid in 2012.

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