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21 septembre 2012 • Insights

“PACCHETTO SEMPLIFICAZIONI”: WORKING ABILITY EQUAL TO 46% FOR THE MANDATORY EMPLOYMENT OF DISABLE WORKERS (Italia Oggi, September 19, 2012, page 29)

The so called “Pacchetto Semplificazioni” - drafted by the Government and under the exam of the next Council of Ministers – provides a reduction of the working ability (46% rather than the current 60%) as a consequence of an accident or illness at work requested to the employee in order to be included in the number of disabled employees who have to be mandatorily hired (Law No. 68/99).

13 septembre 2012 • Insights

Court of Cassation: clarification on the adoption of precautionary measures provided for by Legislative Decree No. 231/2001 (Il Sole 24 Ore, September 11, 2012, page 19)

The Sixth Section of the Supreme Court, with sentence No. 34505, clarified that both the interdicted measures and the real ones provided for by the Legislative Decree No. 231/2001 (in particular, the confiscation provided for by Article 53 of the mentioned Decree) are “intended to anticipate the application of major and mandatory sanctions, which are subjected to the verification of the liability of the company”.

13 septembre 2012 • Insights

NON-EU EMPLOYEES’ REGULARIZATION: THE FIRST INSTRUCTIONS DO NOT DISPEL MANY DOUBTS (Il Sole 24 Ore, September 12, 2012, page 25)

The procedure for the regularization of the non-EU employees - which began on September 15, 2012 - needs many explanations yet.

7 septembre 2012 • Insights

Court of Cassation: the notification of the verification notice without the acknowledgment of receipt is null (Il Sole 24 Ore, September 6, 2012, page 21.)

The Supreme Court, with ordinance No. 14861 of September 5, 2012, has confirmed that the notification of the verification notice of the Italian Revenue Agency by mail has to be proved through the acknowledgment receipt of the registered letter, since it is not sufficient a specific certification of the postal service.

7 septembre 2012 • Insights

WELFARE: WITHIN NOVEMBER 21 SOME CATEGORIES OF EMPLOYEES HAVE TO DELIVER A REQUEST TO THE TERRITORIAL AUTHORITY OF THE MINISTRY OF LABOUR (Il Sole 24 Ore, September 5, 2012, page 20)

The deadline for delivering the request for excluding the application of the pension reform approved by the Decree so called “Salva Italia” (Law Decree No. 201/2011, converted into Law No. 214/2011) to the territorial Authority of the Ministry of Labour (so called “DTL”) is November 21, 2012.

31 août 2012 • Insights

NOT TO SHOW EMPLOYMENT DOCUMENTS IS NOT A CRIME BUT AN ADMINISTRATIVE WRONG ONLY (Italia Oggi, August 30, 2012, page 28)

The Ministry of Labour, in the note no. 12065/2012 has clarified that not to show the employment documents is just an obstacle and not an impediment for the vigilance activity and for this reason such behavior can be sanctioned according to Law no. 638/1983 with an administrative (and not criminal) sanction ranging between Euro 1,290.00 and 12,910.00 and with arrest up to two months or with a fine up to Euro 516.

24 août 2012 • Insights

Supreme Court on videosurvellance (Il Sole 24 Ore, August 20, 2012, page 27)

Supreme Court with sentence no. 22611 of June 11 has stated that employees’ videosurveillance after their express approval for video cameras installation is not a crime, also without an agreement with the internal unions or internal commissions.

10 août 2012 • Insights

Supreme Court: the temporary replacement of employees on strike with other employees does not represent an anti-union behavior (Il Sole 24 Ore, August 7, 2012, page 18)

The Supreme Court, with sentence no. 14157/2012, stated that the employer’s decision to substitute employees on strike with employees not on strike or belonging to divisions not interested by the strike does not represent an anti-union behavior if such decision concerning the company structure and the employees’ duties distribution is in line with law and the collective agreement.

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