LABOR MARKET REFORM: THE BILL HAS BEEN APPROVED BY THE FINANCIAL COMMITTEE (Il Sole 24 Ore, 3 May 2012, page 8)
The bill concerning the labor market reform has been approved by the financial committee.
Le Centre d’étude de De Luca & Partners gère et coordonne les activités de recherche, de formation (interne et externe) et les activités éditoriales en matière de droit du travail, de protection des données personnelles et de responsabilité administrative des personnes morales.
De Luca & Partners investit en effet dans l’étude et la diffusion de sujets relevant de sa compétence et collabore à ce titre avec le journal italien Sole 24 Ore et avec les principales revues et publications spécialisées.
The bill concerning the labor market reform has been approved by the financial committee.
The Labor Ministry, in the consultation no. 9/2012, answers to the national committee of the labor consultants specifying that, in case of company transfer, in the calculation of the length of the employment relationship (which is essential requirement to benefit from safety valves), it is taken into account the seniority accrued within the company in which the employee works.
The art. 2, par. 5 bis, of the Fiscal Decree no. 16/2012, replaces the par. 28 of the art. 35 of the Law Decree no. 223/2006, extending also to the employer the jointly liability between contractor and subcontractors with reference to the payments to the Treasury of the income tax (so called “Irpef”) withholdings on the subordinate employment and of the VAT due on the performances of the contract work.
Court of Cassation, with sentence no. 3056/2012 states that the indemnity provided by Law no. 183/2010 (“Collegato Lavoro”) represents a lump sum, all-embracing penalty, including all the damages suffered for the contract term invalidity. Such penalty covers the period from the term expiration until the sentence stating it invalidity and declaring the requalification of the employment.
Tiziano Treu and Maurizio Castro of Labour Commission announce that the provision on disciplinary dismissals, as provided in the labour law reform (Article 14, Paragraph 4), will be amended, coming back to the previous version.
With Decree March 14, 2012, published on Official Journal no. 83/2012, the Ministry of Labour has estended until the end of 2012 the extraordinary playoff intervention (CIGS) and “mobilità”, within the limit of 45 million Euros, for companies of the Commercial Sector with more than 50 employees, turism operators with more than 50 employees and vigilance companies with more than 15 employees.
Message no. 7/2012 of “Fondazione studi dei consulenti del lavoro”, which provides an analysis of the contracts in the light of the labour law reform, underlines that, with reference to damages in the case of conversion of fixed term contracts into open ended ones, only one indemnity is due, from 2,5 up to 12 months of the last salary.
Court of Cassation, with sentence no. 2521 of January 24, 2012, denies the major case law of the judges of first instance on temporary job, confirming that “the need to face a peak of activity increase” is enough for entering into a fixed term temporary job contract.
