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COLLECTIVE DISMISSALS: THE AGREEMENT WITH THE UNIONS PROVIDING THE CHOICE CRITERIUM OF IMMINENT RETIREMENT IS LAWFUL (Il Sole 24 Ore, March 18, 2013, page 31)

The Court of Cassation with sentence no. 5143 of March 1, confirmed the statement of sentence no. 12257/2012 according to which the criterium provided by the agreement with…

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Court of Cassation: the employee has not to be always re-qualified (Il Sole 24 Ore, Marzo 19, 2013, page 19)

Court of Cassation, with sentence no. 5963 of March 11, stated that a company that cancels a professional position is not obliged to train the relevant employee for…

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TEMPORARY SUPPLY CONTRACT WITHOUT REASONS (Il Sole 24 Ore, March 21, 2013, page 24)

On March 20, the Ministry of Labor signed the decree that enforces for the “disadvantaged employees” the possibility of entering into a temporary supply contract without technical, productive,…

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UNLAWFUL TERM: CHALLENGING WITHIN 120 DAYS (Il Sole 24 Ore, March 11, 2013, page 29)

Amending the rules of individual dismissals, “Fornero Reform” extended the terms for challenging out of Court the fixed term contract in the case of unlawful term provision (Law…

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Court of Cassation: timeframe is crucial for downgrading (Il Sole 24 Ore, March 5, 2013, page 18)

Court of Cassation, with sentence no. 4301 of February 21, 2013, stated that the downgrading of the employee for organizational needs, if it is guaranteed in a prevailing…

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Court of Cassation: during the sickness leave the obligations are very strict (Il Sole 24 Ore, March 6, 2013, page 23)

Court of Cassation, labor section, with sentence no. 4559 of February 22, 2013, stated that the termination of an employee who, during the sickness leave, goes hunting with…

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VAT: THE TERMINATED EMPLOYEE IN 2013 IS INCLUDED IN THE “MINIMUM” (Il Sole 24 Ore, March 1, 2013, page 21)

An employee, after his/her dismissal in 2013, can register for VAT number to exercise an autonomous activity applying the system of the “super-minimum”. This new regimen, with the…

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FIXED TERM CONTRACTS LESS BURDENSOME (Il Sole 24 Ore, February 25, 2013, page 30)

Nowadays the stipulation of fixed term contracts in order to start up a new entrepreneurial activity is simpler if the employer is a innovative start-up company. The Development…

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Court of Cassation: dismissal not justified if the employee is forced to the inactivity (Il Sole 24 Ore, February 18, 2013, page 31)

Court of Cassation, with sentence no. 1693 of January 24, stated that the subordinate employee’s refusal of carrying out his work performance (e.g. in the case he/she is…

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BONUS FOR THE WOMEN EMPLOYEES WHO HAS A BABY (ITALIA OGGI, FEBRUARY 14, 2013, PAGE 25)

The Decree of the Labor Ministry dated December 22, 2012, published on the Official Gazette no. 37 of February 13, 2013, provides for the so called “bonus baby”…

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