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23 September 2011 • Insights

Civil action: Legislative decree on the simplification of rites

The Legislative Decree definitively approved by the Council of Ministers on September 1, 2011 is in force. The discipline, according to the delegated legislation to the Government provided by Article 54, Law no. 69/2009, provides, through a rationalization and simplification of the special civil rules, that the the most part of the disputes have to be regulated through the three procedure models provided by the civil code of procedure: labor procedure, short procedure and ordinary procedure.

23 September 2011 • Insights

AGREEMENT OF JUNE 28TH ENTIRELY EFFECTIVE

On September 21st, 2011, Confindustria and trade unions definitively signed the Interconfederational Agreement of June 28th, 2011 about contracts and representativeness, which has become, therefore, entirely effective.

16 September 2011 • Insights

Financial Act: VAT increase

On September 17th, the VAT increase from 20 to 21% stated by the Financial Act came into force. The Ministry of Economic has communicated that Law Decree no. 138 has been sent to the Official Gazette in order to be published on September 16, including the amendment of the commutation law.

16 September 2011 • Insights

INPS: ACCUMULATED CREDITS FOR SOCIAL SECURITY CONTRIBUTION BENEFITS

INPS, with memorandum No. 116/2011, explained the possibility for gathering, free from charge, the social security contributions credited in more than one social security program, even if the holders have already accrued a pension treatment.

9 September 2011 • Insights

ONLINE HEALTH CERTIFICATES: NO PAPER COPY FROM SEPTEMBER 13, 2011

Starting from September 13, 2011 the employer can no longer require to the employee the sending of the health certificate paper copy but he has to examine the mentioned employees’ certificates through INPS’ services only.

12 August 2011 • Insights

Court of Cassation: even the Constitution protects the autonomy of the employer

The Court of Cassation, with sentence No. 17093/2011, declared that the judge, on the one hand, has to interpret the flexibility that the provision concerning the dismissal for “justified subjective reason” offered him (as well as for “just cause”) in order to adapt it to a social context which develops continuously; on the other hand, however, the judge’s evaluation of the future reliability of the employee, on which the decision to deny the lawfulness of the dismissal is based, cannot digress in the employer’s sentence of organizational choices that otherwise he would not have taken

12 August 2011 • Insights

LAW BY DECREE No. 98/2011: NO BENEFIT FOR APPRENTICES AND EXECUTIVES IN CASE OF COMPANY CRISIS

Article 18, paragraph 2, Law By Decree No. 98/2011, repealed paragraph 10-bis of Article 19, Law By Decree No. 185/2008 which provided for the extension of the mobility allowance also to the employees not entitled to the ordinary treatments ex Article 7, Law No. 223/1991.

5 August 2011 • Insights

Court of Cassation: oral quarrel does not justify a disciplinary dismissal

Court of Cassation, with sentence no. 16192/2011, stated that oral quarrel among colleagues including “some push and jerk” does not justify a disciplinary dismissal of both “rivals”.

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