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Court of Milan: job position suppressed, no reinstatement (Il Sole 24 Ore, January 6, 2013, page 21)

Court of Milan, with sentence of November 28, 2012, stated that the breach of the obligation of so called repachage makes the dismissal for justified objective reason unlawful,…

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ASPI GRANT IS NOT DUE BY SEASONAL COMPANIES (Italia Oggi, December 27, 2012, page 31)

Ministry of Labor, with question no. 42/2012, specified that seasonal companies will not pay ASpI additional. The new grant, indeed, effective from January 1, 2013, equal to 1,4%…

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VAT COLLABORATIONS: AFTER THE PRESUMPTION OF COLLABORATION INTRODUCED BY THE REFORM, THE CLARIFICATIONS OF MEMORANDUM NO. 32 AND OF THE MINISTERIAL DECREE DATED 20 DECEMBER (Il Sole 24 Ore, December 28, 2012, page 13)

The circular of the Ministry of Labour No. 32/2012 and the Ministerial Decree dated December 20, 2012 clarified, in the light of the so called Fornero Reform (Law…

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Constitutional Court: rejected the reform on training (Il Sole 24 Ore, 20 December 2012, page 28)

The Constitutional Court, with decision No. 287/2012, has decided that the reform of training provided for by Article 11 of Legislative Decree No. 138/2011 (converted into Law No.…

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MUTUAL TERMINATIONS: THE INDEMNITY IS RETROSPECTIVE (Il Sole 24 Ore, December 19, 2012, page 30)

The unemployment indemnity is retrospective for the employees terminated for objective justified reasons who reached a mutual termination agreement through the settlement procedure after last July 18. With…

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MINISTRY OF LABOUR: IDENTIFIED THE ACTIVITIES WHICH MAY BE PERFORMED ONLY WITH EMPLOYMENT RELATIONSHIP (Il Sole 24 Ore, December 12, 2012, page 30)

The Ministry of Labour, with memorandum No. 29/2012, has identified a black list for the free-lance relationship on project basis, indicating - by way of example and not…

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PARENTAL LEAVES: NEWS IN THE SO CALLED “DEVELOPMENT DECREE” AND IN THE “ANTI-OFFENCES EU DECREE” (IL SOLE 24 ORE, DECEMBER 9, 2012, PAGE 25)

Law no. 9/2012 (so called “Fornero Law”) extends to father employees, from January 1, 2013, one day leave compulsory (more two days as optional) for the birth of…

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Supreme Court: holidays can be liquidated after a long period of illness (Italia Oggi, December 1, 2012, page 32)

The Court of Cassation, with sentence No. 21028/2012, has stated that the employee who was not able to enjoy the holidays due to a long illness is entitled…

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MINISTRY OF LABOUR: EMPLOYEE’S DISMISSAL FOR EXCEEDING THE GRACE PERIOD DUE TO SICKNESS IS EXCLUDED FROM THE CONCILIATION ATTEMPT (Italia Oggi , December 4, 2012, page 29)

The Ministry of Labour, with note No. 12886/2012, has specified that the dismissal of an employee due to the exceeding of the grace period for sickness is excluded…

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MINISTRY OF LABOUR: ONLINE COMMUNICATION FOR THE JOB ON CALL EMPLOYEES (Il Sole 24 Ore, November 28, 2012, page 25)

The Ministry of Labour, with note No. 16636/2012, has updated the procedures - announced on August 9, 2012 and in force at an experimental stage - for the…

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