The severance pay is warranted even if there is not a bankruptcy (Court of Cassation No. 7585/2011)
The Court of Cassation specified that the INPS fund called “Fondo di Garanzia” has to pay the severance pay even if the employer is not bankrupt.
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The Court of Cassation specified that the INPS fund called “Fondo di Garanzia” has to pay the severance pay even if the employer is not bankrupt.
Court of Vicenza, with sentence of February 17, 2011, has diverged from the case-law guideline which has consolidated in the last two years regarding necessary conditions for the stipulation of a fixed-term staff leasing contract and has stated that technical, organizational, productive or substitutive reasons set forth by law have not to be pointed in detailed in the aforementioned contract because in the European law restrictions for using staff leasing contract are forbidden.
The Ministry of Labour, with memorandum No. 10/2011, gave a broad interpretation of the provisions of the so called “Collegato Lavoro” (Law No. 183/2010) concerning the sanctions application.
On March 22, 2011 the Decree of the President of the Ministers’ Council (D.P.C.M.) n. 275/2010 became effective. The mentioned decree carried into effect the provision of Article 2, paragraph 3, Law no. 241/1990, related to the duration of the administrative proceedings of the Ministry of Labor not exceeding ninety days.
Certification of employment contracts may help to prevent litigation on labour issues only when it is used in a way coherent with its own aims, clearly set in the Law Decree no. 276/2003.
Court of Cassation, with sentence no. 6102/11, has stated that if the contributor is untraceable, the notification of tax assessment is correctly executed with the posting of the communication on the local notice board.
Confindustria and Cgil, Cisl and Uil – according to the agreement dated March 8th on the guidelines that can be applied at a local level by companies enrolled in Confindustria – are setting local agreements which are the assumption for the enforcement of the favourable taxation equal to 10% on wage elements linked to competitiveness and productivity.
On March 8, 2011, Confindustria, Cgil, Cisl and Uil signed, as implementation of memorandum no. 3 of Ministry of Labor and Italian Revenue Agency, the basic text of the guidelines necessary for the second level union agreements (territorial or company ones) on which the tax reduced rate equal to 10%, applicable to the parts of the salary connected with productivity increases, depends.
