De Luca & Partners

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Article 18, paragraph 2, Law By Decree No. 98/2011, repealed paragraph 10-bis of Article 19, Law By Decree No. 185/2008 which provided for the extension of the mobility allowance also to the employees not entitled to the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. Therefore, the mobility so called “in deroga” was suppressed for apprentices, executives, supplied workers, on-call workers, fixed-term employees, seasonal or occasional workers and employees dismissed by professional firms, as well as the application of the law concerning the ordinary unemployment benefit with regards to the social security contribution called “figurativa” only (eight months for employees under 50 years old and twelve months for employees aged equal or above 50 years). This abolition has been provided in spite of the previous extension of the measures under exam for the years 2010 and 2011.
However, it has been decreed that the Minister of Labour, in concert with the Minister of Economy, could grant an additional indemnity – within the limits of the Social Fund for Employment and Training and for a number of monthly payments equal to the duration of the unemployment benefit – to the employees not entitled to the mobility allowance, in case of dismissal or working relationship termination and if the such employees receive the ordinary unemployment benefit with normal requirements.
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