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7 mars 2014 • Insights

THE LABOUR INSPECTOR BECOMES A CONSULTANT (ITALIA OGGI, MARCH 6, 2014, PAGE 36)

With circular no. 6/2014, the Labour Ministry interpreted the new code for labour inspectors stating that their role is not only to ascertain facts constituting violations and consequently notifying irregularities and applying sanctions, but also, as a supervisory body, he/she is formally given the responsibility of providing operational advice to properly implement labour and social security rules, with particular reference to issues of greater social importance, as well as to new laws and interpretations”.

7 mars 2014 • Insights

THE COMPANY DOCUMENTS SENT TO THE LEGAL ATTORNEY DOES NOT JUSTIFY DISMISSAL (IL SOLE 24 ORE, MARCH 6, 2014, PAGE 25)

Court of Cassation, with judgment no. 5179 filed on March 5, stated that an employee who sent his legal attorney documentation concerning confidential company information may not be dismissed

28 février 2014 • Insights

Apprenticeship: amendment to the regional training (Il Sole 24 Ore, February 22, 2014, page 22)

The guidelines of the State-Regions Conference on apprenticeship focus on the regional training which, according to the Consolidation Act of 2011, can not last more than 40 hours per year.

28 février 2014 • Insights

Court of Cassation: clarifications on not material damages (Italia Oggi, February 26, 2014, page 24)

Court of Cassation, with sentence no. 4439/2014, stated that not material damages is a unitary and full-comprehensive category, as the material damages, which does not change its character only because concerns goods of different nature.

21 février 2014 • Insights

INAIL: communication of RLS name and communication of partner-employees/co-employees/artisans and no artisans assistants (Il Sole 24 Ore, February 15, 2014, page 20)

INAIL, with note no. 11/2014, stated that the following communication have to be made only through electronic modality with the online services accessed from the website of the Institute: (i) the communication of the names of the employees' health and safety representative (so called “RLS”) and (ii) from February 15, 2014, also the communication of the names of collaborators and assistants of family businesses, assistants of commercial companies and partners-employees of business and of companies in corporate form.

21 février 2014 • Insights

Compatibility between unemployment insurance and “accessory work” (Il Sole 24 Ore – February 19, 2014 – page 18)

Art. 8, par. 2-ter, of the Decree called “Milleproroghe” no. 150/2013, approved by the Chamber of Deputies, in the stage of law conversion, provides for that also for the current year the workers who are receiving any kind of unemployment insurances can be employed with the type of so called “accessory work”, provided that the salary is not higher than EUR 3,000 during the solar year, without losing the relevant status and the indemnity paid.

14 février 2014 • Insights

Court of Bergamo: performances automaticity principle extended also to coordinates and continuative self employees (Il Sole 24 Ore, February 11, 2014, page 20)

Court of Bergamo, with the sentence no. 941 of December 12, 2013, extended the performances automaticity principle, which ensures to employees the right to receive the retirement indemnity also in case the employer omitted to pay the social security contributions accrued, also to coordinates and continuative self employees.

14 février 2014 • Insights

European Court of Justice: collective dismissal also for executives (Il Sole 24 Ore, February 14, 2014, page 22)

The European Court of Justice, with judgment in Case 596/2012 of February 13, 2014, stated the illegitimacy of the Italian legislation on collective dismissals (Law 223/1991) with reference to the exclusion of executives from the procedure.

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