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.
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The Court of Cassation confirmed that the expiration of a fixed-term employment contract could be extended one time only and as an exception.
The Law Decree no. 78/2010, article 30, passed with Law no. 122/2010, has modified the proceedings concerning the cashing of INPS debts – deriving from both declaratory action and contribution not paid – with the abrogation of the rolls system and the introduction of a debit note as writ of execution.
INPS, with memorandum no. 119/10, has indicated the other modality for sending the disease certificates to INPS with the employer certified mail (so called “PEC”), as provided by the Ministerial Decree 26 February 2010.
The Court of Cassation hasn’t recognized that an accident so called “in itinere” occurred (and has denied the relevant restore) to a worker who used to go to work by motorcycle and not by public means of transport.
The Supreme Court, with the order no. 17720/2010, stated that the minutes of the social security institutions’ officials are to be considered as evidence of the circumstances that the officials certify as occurred in their presence, whereas, with reference to the other circumstances indicated, the probative material is valuable and appreciable by the judge.
After one year by the enacting of the Law Decree no. 78/2009 (Law no. 102/2009) concerning provisions against the economic shortage, the rules to make effectiveness the specific provisions on the preservation of the job have been specified by INPS, with the message no. 20810/2010, concerning the social contributions profiles matters, and by INAIL, with the note dated 2nd July 2010, concerning the calculation of the insurance bonus.
The Court of Cassation stated that the employer is entitled to refuse to hire a disabled worker whether if the latter has an employment status different from the one required by the employer itself or just a “similar” status, i.e. not exactly equal to the one requested.
The Ministry of Labour, answering to questioning no. 20/10, confirmed that, in case of transfer of business, the social security contribution’s reliefs set forth under art. 8, par. 9, L. no. 407/90 will automatically pass from the transferor to the transferee for the residual part and until the expiration.