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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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FORNERO’S REFORM: DECREE CONCERNING LEAVES EVEN FOR FATHERS EMPLOYEES (Il Sole 24 ore, february 15, 2013, page 21)

The provisions of Article 4 of Law n. 92/2012 (so called Fornero’s Reform) have become effective with the publication in the Official Gazette of the Decree of the…

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Court of Cassation: limited indemnity in case of temporary work conversion (Il Sole 24 Ore, February 7, 2013)

Court of Cassation, with sentence no. 1148/2013, stated that the maximum threshold of indemnity equal to 12 monthly wages, set by Law no. 183/2010 (so called “Collegato Lavoro”),…

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MINISTRY OF LABOUR: EMPLOYMENT ABROAD (Il Sole 24 Ore, 4 February 2013, page 26)

The Ministry of Labor has informed that employers who have to hire or transfer Italian employees (or EU employees resident in Italy) for working activities in non-EU countries…

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