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16 novembre 2012 • Insights

THE SANCTIONS SET BY LEGISLATIVE DECREE NO. 231/01 APPLY ONLY IN CASE OF BANKRUPTCY (Italia Oggi, November 16, 2012, page 32)

Court of Cassation, with the sentence no. 44824 of November 15, stated a new principle based on which the company, even in case of bankruptcy, is subject to the sanctions provided by Legislative Decree no. 231/01. Companies already went bankrupt, that have been accused for administrative liability of the entities, are subject to the payment of the sanctions set by Legislative Decree no. 231/01.

9 novembre 2012 • Insights

Court of Cassation: oppressive conditions are refundable even without mobbing (Italia Oggi –November 6, 2012 – page 25)

Court of Cassation, labor section, with the sentence no.18927/12, published on November 5, stated that, even if the mobbing claimed by the employee does not exist, the possibility that the employer could be sentenced to pay damages in favor of the employee for single oppressive behaviors, ascertained during the proceeding, cannot be excluded at all, though there is no uniqueness of the persecutory plan against the employee.

9 novembre 2012 • Insights

BONUS FOR HIRINGS: NO MORE ECONOMIC RESOURCES PLACED AT DISPOSAL OF EMPLOYER WHO STABILIZES PRECARIOUS EMPLOYEES (Il Sole 24 Ore, November 4, 2012, page 15)

INPS, by publication on its web site, has announced that requests necessary in order to obtain the bonuses for the stabilization of employment relationships, as provided for by the Ministerial Decree of October 5, 2012, have already reached the maximum amount placed at disposal of employers, equal to EUR 232,108,953.00.

2 novembre 2012 • Insights

Court of Cassation: limited activities for the employee on sickness leave (Il Sole 24 ore, October 29, 2012, page 48)

Court of Cassation, with the sentence no. 16375/2012, stated the lawfulness of the dismissal of an employee who works, even just for one day, during sickness leave, though in our legislation a prohibition to work during this period, also in favor of a third party, does not exist. In fact, the possible dismissal is lawful when the behavior of the employee is in breach of the general rules of correctness and good faith and to the contractual obligations of diligence and faithfulness.

2 novembre 2012 • Insights

FIXED-TERM EMPLOYMENT CONTRACTS: THE “UNILAV” COMMUNICATION OBLIGATION WILL BE EFFECTIVE AS OF NOVEMBER 25, 2012 (Il Sole 24 Ore, October 30, 2012, page 26)

As of November 25, 2012, the employers will have to communicate to the competent Labour Authority (so called “Centro per l’impiego”) the prosecution of the duration of the fixed-term employment contracts signed according to Article 5 Legislative Decree No. 368/2001 and subsequent amendments, through the online procedure, currently in use, regarding the mandatory communication “Unilav”. This obligation is established by the Ministerial Decree provided for by the law for the reform of the labor market, published in the Official Gazette No. 251/2012.

26 octobre 2012 • Insights

Constitutional Court: the compulsory mediation is unconstitutional (Il Sole 24 Ore, October 20, 2012, page 2)

Constitutional Court stated the constitutional unlawfulness, due to an excess of legislative delegation, of the part of Legislative Decree no. 28/2010 concerning the compulsoriness of the mediation.

26 octobre 2012 • Insights

MINISTRY OF LABOUR: THE SUPPLY WORK HAS NOT TO BE CONSIDERED IN THE 36 MONTHS LIMIT PROVIDED FOR THE FIXED-TERM EMPLOYMENT CONTRACT (Il Sole 24 Ore, October 20, 2012, page 26)

The Ministry of Labour, with response to questioning No. 32/2012, has clarified that the periods of supply work have not to be considered in the maximum duration, equal to 36 months, provided for the fixed-term employment contract after the exceeding of the maximum duration itself.

19 octobre 2012 • Insights

LABOUR: BONUS FOR THE NEW HIRINGS (Il Sole 24 Ore, October 19, 2012, page 28)

As of October 18, 2012, the employer may send to INPS the request in order to benefit of the economical advantages provided for by the promotion of employment and of stabilization of female employees (of any ages) and male employees (less than 30 years-old).

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