DLP Insights

Court of Cassation, with sentence no. 12103/2011, specified that the joint exam at the Ministry of Labour for applying to the lay-off extraordinary intervention itself does not guarantee the lawfulness of the procedure.

Within June 25, 2011 the employers have to send a communication to the local labour Authority (“Direzione Provinciale del Lavoro”) competent for the area and to the relevant social security institutions for the admission of the employees assigned to repetitive jobs to the pension benefits (Article 5, paragraph 2 of Legislative Decree No. 67/2011).

Court of Cassation, with sentence no. 22334/2011, stated that de facto administrator of a company is liable for breach of rules regarding work safety but solely in the circumstances of proof of interference in managing the company.

On June 9, 2011 the final version of the Legislative Decree - realization of one delegation of the so called “Collegato Lavoro” (Law no. 183/2010) - which aims to simplify and reorganize the provisions concerning the regulations of leaves for employees of public and private sectors, was approved by the Council of Ministers.

Court of Cassation, with sentence no. 10341 of May 11, 2011, stated that indemnity in lieu of unused vacations and weekly rests is not considered as item of salary but compensation for damages.