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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).

19 octobre 2012 • Insights

MINISTRY OF EMPLOYMENT: CLARIFICATIONS ON SO CALLED “FORNERO” REFORM (Il Sole 24 Ore, October 13, 2012, page 27)

Ministry of Employment, with note no. 18273 of October 12, 2012, specified that communications on the termination of the employment relationship have to be sent to the so called “Centro per l’impiego” within 5 days starting from the resolution regardless from the circumstance that the dismissal is effective from the start date of the new settlement procedure, set in the Law no. 92/2012 (so called “Fornero reform”).

12 octobre 2012 • Insights

LABOUR: INCENTIVES FOR THE COMPANIES IN CASE OF HIRING (Il Sole 24 Ore, October 10, 2012, page 21)

The Ministries of Labour and Economy, with interministerial decree, have allocated approx EUR 230 million for the hiring of young workers and of any-age women up to March 31, 2013. In particular, the incentive will be recognized for contracts with young employees up to 29 years-old or women, without age distinction, within a limit for each employer.

12 octobre 2012 • Insights

Court of Cassation: safety on work, just the check may save the employer (Il Sole 24 Ore, October 8, 2012, page 38)

Court of Cassation, with sentence no. 34747, filed on September 11, stated that the employer is not liable in case of employees’ work accident, just if he/she exactly checked the fulfillment on the security measures.

5 octobre 2012 • Insights

INAIL: a specific “PAT” for regularized employees (Italia Oggi, October 3, 2012, page 32)

INAIL, with letter No. 48/2012, has established that the employer has to request the opening of a separate territorial insurance position for the regularized employees through a complaint of variation (if he already has an INAIL company code) or a complaint of registration (if he is not enrolled at INAIL).

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