Insights

With its ruling no. 5076 of 13 March 2015, the Cassation Court en banc session confirmed that in terms of social security contributions, the additional sums due by the taxpayer for omitted or late payment of contributions or insurance premiums, are part of the category of civil penalties.

With its ruling no. 16472 of 5 August 2015, the Cassation Court clarified that, in the presence of repeated absences from work due to illness, the employer cannot dismiss a worker for poor performance.

As of 25 June 2015, the date when the Law on overhaul of contracts became effective, it is no longer possible to stipulate project-related contracts, while contracts currently in progress will remain in place until their natural expiration. Thus the spotlight has returned to long term consultant contracts “without a project”.

The Government has targeted improvement of employment of parents and has decided to do so by allowing greater flexibility in the use of parental leave.

As this newsletter was being prepared, the final four implementing decrees of the Jobs Act were approved. Specifically, the national agency for active policies (Anpal) and sole watchdog agency will debut, and individual unemployment checks will become effective as well new rules on remote controls on employees and on social shock absorbers.