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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

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.

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.

5 octobre 2012 • Insights

Court of Cassation: the employer may not monitor the calls of the call center operator (Il Sole 24 Ore, October 2, 2012, page 26)

The Court of Cassation, labor section, with the sentence no. 16622/2012, stated that the dismissal of a call center operator for road service is unlawful because the employer may not monitor his/her calls.

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).

28 septembre 2012 • Insights

Cassation: paid leaves to the father of a disabled son even if the mother is a housewife (Il Sole 24 Ore, September 28, 2012, page 13)

The Court of Cassation, Labour Section, with sentence No. 16460/2012, has granted the paid leave of three days to the father of a disabled son even if the mother is a housewife and the request is related to a period before the coming into effect of the law which provides this possibility.

28 septembre 2012 • Insights

MINISTRY OF LABOUR: COMMUNICATIONS REGARDING JOB ON CALL (Italia Oggi, September 28, 2012, page 32)

The Ministry of Labour, with note No. 12728/2012, has postponed, up to a date to be determined, the possibility to send by fax or email the communications regarding the job on call contracts to the Local Authorities called “Direzioni Territoriali del Lavoro”.

21 septembre 2012 • Insights

Cassation: for damages refund the day when the indemnity in lieu of re-hiring has been paid has to be considered (Italia Oggi, September 18, 2012, page 24)

In case of dismissal declared unlawful damages refund for the dismissed employee has to be adapted to the number of salaries which should have been accrued until the day when the indemnity in lieu of re-hiring has been paid and not until the date when the employee asks for economical refund in place of re-employment.

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